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99 106377 Phases shall immediately appoint another person to be the Maintenance Director for the Shopping Center. 5.3 The Maintenance Director shall have the right, upon giving ninety (90) days prior written notice to the Consenting Owners for both Phases, to resign as Maintenance Director, in which event the Consenting Owners shall appoint another person to be the Maintenance Director. 6. Reimbursement of Maintenance Director. 6.1 The Maintenance Director shall contract for and pay for all of the items enumerated as maintenance and insurance expenses in Article 2 herein, pursuant to the provisions of this Article 6. The parties anticipate that Phase 2 of the Shopping Center will not be developed concurrently with Phase 1. Therefore, the Maintenance Director will initially be responsible to administer the Cominon Area maintenance as described in Section 2.1, with the exception of the insurance to be provided under Section 2.2, which the Maintenance Director shall carry for all Parcels in the Shopping Center from the time of the Albertson's Opening and be reimbursed by all Owners in accordance with the chart in Section 7.5. At such time as any Parcel in Phase 2 is developed (as evidenced by the Owner's or occupant's obtaining an occupancy permit for a building in Phase 2), the remaining duties (in addition to insurance) of the Maintenance Director shall be extended over such Parcel and the Owner of such Parcel shall contribute to the expenses of the Maintenance Director in the proportion that the square footage of land area on such Owner's Parcel(s) bears to the total square footage of land area contained within Phase 1 and within those Parcels in Phase 2 on whicli buildings have been constructed. Commencing with the tenth (10`h) anniversary of this CAMA, the Owners of all Parcels in either Phase shall be responsible to contribute to all Common Area maintenance expenses, whether or not building(s) have been constructed on their Parcel(s), in accordance with the chart in Section 7.5. 6.2 At least sixty (60) days prior to the date Albertson's first opens for business and thereafter by June 1 of each calendar year during the term of this Agreement, the Maintenance Director shall submit to each Consenting Owner, for such Consenting Owner's review and approval, a proposed annual budget for Common Area expenses ("Budget") covering, respectively, the First Partiai Maintenance Budget Year (as hereafter defined) (or full Maintenance Budget Year if Albertson's opens for business on September 1) and each Maintenance Budget Year thereafter, together with any backup materials reasonably requested by any Owner. As used herein, "Firs� Partial Maintenance Budget Year" shall mean the period running from the date Albertson's first opens its building for business on Parcel2, until the following September 1; and the term "Maintenance Budget Year" shall mean the period 6