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� � 99 10637"� any appeal),judgments, proceedings and causes of action, for injury to or death of any person or damage to or destruction of any property occurring in, on or about the Common Area (exclusive of any Service Facilities or driveup or drive through customer service facilities) and arising out of the performance or nonperformance of any of the obligations of the Maintenance Director set forth in this CAMA, unless caused by the negligent or willful act or omission of the indemnified person, its agents, contractors or employees. 2.5 At such time as an Owner of a Parcel in Phase 2 constructs a building on such Parcel and obtains an occupancy permit (whether a temporary or a permanent occupancy permit), the provisions of Sections 2.1 through 2.4 shall apply to said Parcel as if the Parcel in r question was originally included in said provisions. 2.6 Upon the ten-year anniversary of this CAMA, this CAMA and all provisions hereof shall be deemed to apply to the entire Shopping Center, and to all Parcels, regardless of whether construction has commenced on any particular Parcel. 3. Ligtiting. 3.1 It is agreed that the artificial lighting for the Common Area shall remain on while a majority of the businesses in the Shopping Center are open for business, or until 11:00 p.m., whichever is later. If artificial lighting for a time later than the foregoing ("After Hours Lighting") is needed by any Owners or occupants, then such artificial lights to service such Owners or occupants shall be separately metered or otherwise measured or reasonably estimated and all expenses thereof shall be paid by such Owners or occupants to the extent appropriate. Such Owners or occupants shall pay a reduced proportion of the expense of lighting the balance of the Common Area according to the extent to which such Owners or occupants are lighting the Common Area by separately metered lights. 4. Taxes. 4.1 Each Owner shall pay direct to the tax collector when due the real property taxes and other special taxes and assessments assessed against the Owner's building(s) or Parcel(s), including the portion of the Common Area on such Owner's Parcel(s); subject, however, to the right of any such Owner to contest the amount or validity of all or any part of said taxes and assessments. 5. Maintenance Director. 5.1 The Owners hereby appoint the Owner of Parcel 1 as Maintenance Director of the Shopping Center Common Area from and after the date Albertson's first opens its building on Parcel2 for business. � 5.2 The Consenting Owners (as defined in the Declaration) for both Phases may jointly remove the Maintenance Director, in which event the Consenting Owners for both 5