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201706687 recording for such amount. In the event that a breach of this Agreement results in litigation, the non - prevailing party(ies) shall pay the attorneys' fees of the prevailing party(ies). Section 6.2 Damage and Destruction. In the event any Building, structure or other Improvement on an Outparcel shall be damaged or destroyed by any fire or other casualty, the Owner, lessee or user of the Outparcel shall within forty five (45) days of such damage or destruction (a) commence to repair and/or reconstruct such improvements to the condition required by this Section; or (b) level such Building or improvement, remove the debris from the Outparcel and keep the Outparcel neat, orderly, planted in grass and mowed /trimmed until subsequently improved, constructed upon and operated. Section 6.3 Default in Maintenance Responsibilities. In the event that a Party fails in its maintenance obligations as set forth in Section 6.1 related to an Outparcel, which failure continues for a period of thirty (30) days (ten [ 10] business days in the event of a failure to pay money) after receipt of written notice thereof specifying the particulars of such failure, such failure shall constitute a default under the Declaration and the other Party (the "Curing Party ") may thereafter perform such maintenance obligations, in addition to such Party's other remedies. Section 6.4 Taxes. The Owner of each Parcel shall pay or cause to be paid, prior to delinquency, directly to the appropriate taxing authorities all real property taxes and assessments which are levied against such Parcel. In the event an Owner or its tenant fails to pay when due all taxes and assessments described herein, which failure continues for a period of ten (10) days after written notice thereof, such failure shall constitute a default under this Declaration and the Declarant may, in addition to Declarant's other remedies, thereafter pay such taxes if such taxes are delinquent and the owing Party has not commenced and is not duly prosecuting any contest of such taxes. The Declarant shall then bill the defaulting Party for the expenses incurred. The defaulting Party shall have ten (10) business days within which to pay the bill. If the defaulting Party does not so pay, the Declarants shall have a lien on the Parcel of the defaulting Party for the amount of the bill, which amount shall bear interest at the Default Rate from the date of expiration of said ten (10) business day period until paid. Section 6.5 Insurance; Indemnification; Waiver of Subrogation. Each Party will at all times maintain or cause to be maintained with respect to its Parcel and all Buildings and 21 Alp