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20200031 successors and assigns shall be subject to and bound by this Agreement. In furtherance of this Agreement, it is agreed as follows: 1. Maintenance. "First Party" shall Maintain, as defined below, "Lot 3" in good condition and repair and "Second Party" shall reimburse "First Party" for fifty percent (50%) of the costs to Maintain "Lot 3". Any invoice for cost to Maintain "Lot 3" shall be payable upon receipt by "Second Party." In the event "First Party" fails to Maintain "Lot 3" in good repair and condition, "Second Party" may take steps to Maintain "Lot 3." In the event "Second Party" elects to perform any acts to Maintain "Lot 3," such acts shall only be taken after written demand and a thirty (30) day period for "First Party" to perform any acts to Maintain (except in the case of an emergency, where no prior notice is required), "Second Party" shall be entitled to reimbursement by "First Party" for fifty percent (50%) of the costs so incurred. Any invoice for cost to Maintain "Lot 3" shall be payable upon receipt by both parties. Except as expressly set forth herein, each party shall be responsible for the repair and maintenance of the real property owned by it and all improvements located on such real property. 2. Definitions. "Maintain" shall mean (i) reasonable and necessary capital improvements, including without limitation landscaping in accordance with Grand Island, Nebraska City Code; and (ii) mowing, Underground Sprinkler System repair and upkeep, and other reasonable and necessary repairs to the detention pond, landscaping and other improvements related to the detention pond located on Lot 3. "Underground Sprinkler System" shall mean an extension of the underground sprinkler system serving Lot 1 to provide adequate coverage of Lot 3. The Underground Sprinkler System shall be installed at the sole cost of the owner of Lot 2. All water usage through the Underground Sprinkler System shall be provided by the owner of Lot 1 at no cost to the owner of Lots 2 or 3. For purposes of clarity, both the cost of installation of the Underground Sprinkler System and water usage by the Underground Sprinkler System shall be specifically excluded from the definition of Maintain. 3. Taxes. First Party shall be solely responsible for payment of all real estate taxes and assessments, if any, on Lot 3.