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201807442 <br />The DRC may establish one or more subcommittees consisting of one or more members <br />of the DRC and may delegate to any such subcommittee the authority and power of the DRC to <br />approve or disapprove any Construction or Modification within a specified portion of the Project. <br />3.13 Compliance Deposit. <br />The DRC shall have the right, on a case-by-case basis and in its sole discretion, to <br />condition its approval of plans and specifications upon the receipt by the DRC of a deposit (the <br />"Compliance Deposit") to secure the performance of the Owner's obligations under this Section <br />to (a) clean up and/or remove equipment, building materials, dirt, debris, and similar materials, <br />(b) protect Improvements from damage and repair any damage sustained in connection with <br />Construction activities by or for the benefit of Owner, and (c) ensure that the Construction or <br />Modification will be made in accordance with the plans and specifications approved by the DRC. <br />The Compliance Deposit shall be in such amount as may reasonably be determined by the DRC. <br />The DRC may apply the Compliance Deposit toward payment of (a) any costs incurred <br />by the DRC or the Association with respect to any construction cleanup or removal required <br />and/or the repair or replacement of any damaged or destroyed Improvements, the cost for which <br />the Owner is responsible, (b) any costs incurred by the DRC or the Association in connection <br />with the inspection of the Construction or Modification to ascertain whether the Construction or <br />Modification is being made in accordance with the approved plans, and (c) any attorneys' fees, <br />court costs, and other costs (including but not limited to costs incurred to correct the violation) <br />incurred by the Association in connection with any violation of the Community Documents <br />related directly or indirectly with the Construction or Modification. <br />The DRC shall return the unapplied portion of an Owner's Compliance Deposit upon <br />receipt by the DRC of a written request from the Owner and following confirmation by the DRC <br />that (a) any necessary cleanup work or damages attributable to the Owner or the Owner's <br />employees, agents, contractors, subcontractors, or suppliers has been properly performed, <br />repaired, or replaced, as applicable, (b) all costs attributable to the Owner in connection <br />therewith have been paid in full, and (c) the Construction or Modification was made in <br />accordance with the plans and specifications approved by the DRC. <br />The liability of an Owner to promptly cleanup such Owner's Lot and any Common Area <br />and to repair or replace any Improvements damaged or destroyed by an Owner or the Owner's <br />employees, agents, contractors, subcontractors, or suppliers shall not be limited to the amount of <br />such Owner's Compliance Deposit, and in no event shall the posting of a Compliance Deposit <br />limit or prejudice the right of the DRC or the Association to pursue any available legal remedies <br />against the Owner or any of Owner's employees, agents, contractors, subcontractors, or suppliers <br />causing the need for cleanup or causing the damage or destruction. <br />Page 21 of 67 <br />