|
(14) The Property may not be subdivided, in any
<br />manner, into smaller lots without the prior written consent of
<br />Developer, which may be withheld in its sole discretion.
<br />(15) All utilities and sewers serving and located within
<br />the Property shall be installed underground.
<br />(16) The roof of any building constructed within the
<br />Property shall not be metal, unless such roofing materials are
<br />screened from view or approved by Developer.
<br />2 0 1 309980
<br />4. Indemnity and Insurance. Owner, its successors and assigns shall indemnify,
<br />defend and save Developer and its agents, employees, members, directors and officers harmless
<br />from all loss, damages, liability, costs or expenses, including, but not limited to, reasonable
<br />attorney's fees and all other sums incurred by or threatened against Developer, its agents,
<br />employees, members, directors and officers because of any claim or assertion of liability arising
<br />or alleged to have arisen out of any act or omission of Owner, its agents, employees and
<br />contractors, for any work to be performed by or at the direction of the Owner pursuant to this
<br />Agreement. Developer, its successors and assigns shall indemnify, defend and save Owner and
<br />its agents, employees, members, directors and officers harmless from all loss, damages, liability,
<br />costs or expenses, including, but not limited to, reasonable attorney's fees and all other sums
<br />incurred by or threatened against Owner, its agents, employees, members, directors and officers
<br />because of any claim or assertion of liability arising or alleged to have arisen out of any act or
<br />omission of Developer, its agents, employees and contractors, for any work to be performed by
<br />or at the direction of the Developer pursuant to this Agreement or in relation to the Property.
<br />5. Release of Owner. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
<br />HEREIN, UPON THE SALE OR TRANSFER OF THE PROPERTY BY THE THEN CURRENT OWNER (THE
<br />"SELLING OWNER "), SUCH SELLING OWNER SHALL BE RELEASED FROM AND HAVE NO FURTHER
<br />OBLIGATIONS OR LIABILITIES HEREUNDER, INCLUDING WITHOUT LIMITATION FOR ANY
<br />INDEMNIFICATION OBLIGATIONS, OTHER THAN FOR CLAIMS ARISING DURING SUCH SELLING
<br />OWNER'S PERIOD OF OWNERSHIP OF THE PROPERTY.
<br />6. Miscellaneous.
<br />A. All notices, requests, demands or other communications
<br />( "Notices ") hereunder shall be in writing and given by certified mail, return
<br />receipt requested or by national overnight courier (e.g., Federal Express or UPS)
<br />and, in the case of courier service, shall be effective as of the date of delivery to
<br />the intended recipient as shown on the courier's records, and in the case of mail,
<br />shall be effective three (3) days (excluding weekends and holidays) after mailing,
<br />delivery shall be deemed to have been made if the postal service or courier was
<br />not able to deliver due to change of address for which no Notice was given.
<br />Notices shall be addressed as shown below or to such other address as may be
<br />specified from time to time in writing by either party:
<br />6
<br />
|