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201802007 <br />Owner covenants and agrees that it will promptly (at its sole cost and expense) <br />repair any damage, injury or destruction (other than ordinary wear and tear) to <br />any portion of the other party's Lot, buildings or other improvements that may be <br />caused by or result from its respective use or the use by its respective Lot Owners <br />of the Easement Areas, as applicable, and such party shall (at its sole cost and <br />expense) restore the damaged property to substantially the same condition as <br />existed prior to any such damage, injury or destruction. Each party will cooperate <br />with the other party in good faith and use commercially reasonable efforts to <br />minimize disruption to other party's access to and use of its property, the <br />Easement Areas, and other easement rights granted herein in performing any work <br />described in this Section 9, including, but not limited to, providing commercially <br />reasonable advance notice prior to commencing any such work and coordinating <br />such work with the other party. <br />10. Miscellaneous. <br />a. Period of Declarant Control. The "Period of Declarant Control" shall <br />commence with the recording of this Declaration and shall continue until the <br />earlier of: (i) the date by which Declarant has transferred and conveyed at least <br />90% of the Lots to third -party owners; or (ii) the date that Declarant elects, in its <br />discretion, to transfer, relinquish and /or surrender all of its rights and obligations <br />in this Declaration; or (iii) that date which is ten (10) years after the date of this <br />Declaration. <br />b. Duration; Termination of the Declaration. This Declaration shall run <br />with the land and continue and remain in full force and effect at all times as <br />against the Owner of any Lot, regardless of how the Owner acquired title, for a <br />period of not less than twenty (20) years after the date of this Declaration. <br />Thereafter, this Declaration shall remain in full force and effect unless and until <br />over sixty -six percent (66 %) of the Lot Owners based on square footage of Lot area <br />shall by written instrument duly recorded declare a termination of the same. <br />c. Amendments to the Declaration. The provisions contained in this <br />Declaration may be modified or amended, in writing, by an affirmative vote over <br />sixty -six percent (66 %) of the Lot Owners based on square footage of Lot area; <br />provided that, any amendment that limits or restricts the current land use of any <br />Lot must be approved by the Lot Owner of said Lot, which approval shall not be <br />unreasonably withheld; and further provided, during any period where: (1) the <br />Hospital Lot is owned by GI Hospital Real Estate, LLC ( "GIRE "), Grand Island <br />Hospital Holdings, LLC ( "GIHH "), or any affiliated entity that is owned at least 51% <br />by GIRE or GIHH, and (2) the Hospital Lot is being used for the operation of a <br />hospital, any amendment that (i) lifts, removes, or modifies any of the use <br />restrictions set forth in Article 4 of this Declaration, or (ii) modifies the make -up or <br />the powers of the Architectural Committee, or (iii) modifies or removes any rights <br />or remedies of the Hospital Lot or the Hospital Lot Owner, (iv) removes or modifies <br />any easement rights appurtenant to the Hospital Lot, or (v) amends or modifies, or <br />has the effect of amending or modifying, Section 10(b) and this Section 10(c), must <br />be approved in advance by the Owner of the Hospital Lot. <br />14 <br />