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7.1.F. - Page 79 <br /> Area appurtenant to Commercial Unit A. The use and operation of such automated teller machines <br /> shall be at the sole cost and expense of the Owner or Occupant of Commercial Unit A. <br /> 2.6. Rights of Entry and Use: The Units and Common Area (including Exclusive Use <br /> Common Area) shall be subject to the following rights of entry and use: <br /> A. The non-exclusive rights of each Owner for ingress, egress and support <br /> through the Common Area, and use of the Common Area as provided in Sections 2.2.A and <br /> 2.2.B. <br /> B. The right of the Association's agents or employees to enter any Unit in the <br /> event of an emergency or to cure any violation of the Governing Documents provided that the <br /> Owner has received thirty (30) days written notice and a hearing as required by the Bylaws <br /> (except in the case of an emergency) and the Owner has failed to cure the violation or take steps <br /> necessary to cure the violation within thirty (30) days after the finding of a violation by the <br /> Association. <br /> C. The access rights of the Association to inspect, maintain, repair or replace <br /> improvements or property located in the Common Area as described in Section 5.2.D, and to enter <br /> any Unit to perform the Association's duties under this Declaration. <br /> D. The rights of the Owners, the Association, and the Declarant to install, <br /> maintain, repair or replace utilities as described in Article VI. <br /> E. The encroachment easements described in Section 9.5. <br /> F. The rights of the Declarant during the construction period as described in <br /> Section 9.7. <br /> G. The rights of Owners to make improvements or alterations authorized by <br /> Civil Code § 4760(a)(2), subject to the provisions of Section 7.10 to the extent applicable. <br /> H. Without limiting the foregoing, access to a Commercial Unit by the <br /> Association, Association's agents or employees, whether under this Section 2.6 or as otherwise <br /> provided herein, shall (a) require forty-eight (48) hours prior notice to both the Owner of said Unit <br /> and each impacted Commercial Tenant (or if notice is by mail, seventy-two (72) hours prior notice <br /> shall be required, as provided in Section 9.10 below); (b) occur during reasonable hours but in no <br /> event during peak business hours for any particular Commercial Tenant; (c) with respect to any <br /> repairs, alterations or additions to any portion of the Project, including the erection and <br /> maintenance of such scaffolding, canopies, fences and props as may be required, such work shall <br /> be coordinated in advance with the Commercial Tenants through the Commercial Unit Owner, and <br /> (d) all work shall be performed in a diligent and professional manner as will minimize disruption of <br /> each Commercial Tenant's business operations. Without otherwise limiting the foregoing, these <br /> restrictions shall not apply if (a) any contemplated repairs cannot be performed in a commercially <br /> reasonable manner outside the time restrictions; or (b) entry is required as a result of an <br /> emergency (a situation where there is imminent risk of injury to person or damage to property). As <br /> used herein "peak hours of business" shall be determined by each Commercial Tenant but in no <br /> event shall such hours include more than three (3) hours per day between the hours of 8 a.m. <br /> and 6 p.m.; provided that for any restaurant or café in the Commercial Unit that serves lunch and <br /> dinner, "peak hours of business" shall include the hours between 11 a.m. and 2 p.m. (lunch) and 6 <br /> p.m. and 10 p.m. (dinner). <br /> 2.7. Communications Easements: There is hereby reserved by Declarant, with the right <br /> to assign and transfer any of such rights, privileges and easements, the continuing rights, privileges <br /> and easements over and across the roof of the Project and the Common Areas within the Project <br /> (collectively "Communications Easements") for the access to and the location, installation, <br /> maintenance, repair, removing, upgrading and replacement of communications devices and systems <br /> and security systems, antennas, receiving devices, transmission devices and similar types of <br /> equipment and services ("Communications Systems"), and over, across and through the Common <br /> Areas that contain or provide ducts, chases, risers, closets and/or mechanical rooms for <br /> installation, maintenance, repair and replacement of wiring, cable, equipment or other devices, <br /> items and material for use with or connection of any such Communications Systems. Such <br /> 16 <br /> [DRAFT][05.03.14] C:\Program Files\Neevia.Com\Document Converter\temp\4056.doc <br />