Laserfiche WebLink
99 iu���� <br /> Covenant with respect to such Parcel or portion thereof after the date of sale and conveyance of <br /> title. <br /> 3. Default. <br /> (a) If any Owner of a Parcel in Phase 3 fails to perform any provision of this <br /> Covenant, which failure continues for a period of thirty (30) days after receipt of written notice <br /> specifying the particulars of such failure, such failure shall constitute a default, and the Owner of <br /> Parcel 2 may thereafter institute legal action against the defaulting owner for specific <br /> performance, declaratory or injunctive relief, monetary damages or any other remedy provided <br /> by law. No remedy herein conferred upon, or reserved to any person shall exclude any other <br /> remedy herein or by law provided, but each shall be cumulative. ` <br /> (b) If the Owner or occupant of Parcel 2 initiates or defends any legal action <br /> or proceeding to enforce or interpret, this Covenant, the prevailing party in any such action or <br /> proceeding shall be entitled to recover from the losing party in any such action or proceeding its <br /> reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any <br /> appeal) as determined by the court in the same or a separate proceeding. The failure of a person <br /> to insist upon strict performance of any of the terms, covenants, or conditions contained herein <br /> shall not be deemed a waiver of any rights or remedies that said person may have, and shall not <br /> be deemed a waiver of any subsequent breach or default in the performance of any of the terms, <br /> covenants, or conditions contained herein by the same or any other person. <br /> 4. General Provisions. <br /> (a) This Covenant shall be binding upon the Owners of the Parcels in Phase 3, <br /> their heirs, personal representatives, successors and assigns, and upon any person acquiring a <br /> Parcel in Phase 3, or any portion thereof, or any interest therein, whether by operation of law or <br /> otherwise. Each term, covenant, condition and agreement contained herein respecting any Parcel <br /> shall be a burden on that Parcel; shall be appurtenant to and for the benefit of Parcel2 and each <br /> part thereof; shall run with the land; and may be waived in writing only by the Owner of <br /> Parcel2, in its sole and absolute discretion. Allen acknowledges that this Covenant is a material <br /> consideration and motivation to Albertson's in Albertson's decision to enter into the Albertson's <br /> Lease. <br /> (b) The term of this Covenant shall be the term of that certain Declaration of <br /> Restrictions and Grant of Easements ("Declaration") between the parties, dated and recorded <br /> concurrently herewith, encumbering the area shown on Exhibit "A" as Parcels 1 through 5 and 14 <br /> through 29. This Covenant shall be extended automatically upon, and for the same amount of <br /> time as, any extension of the term of the Declaration. <br /> (c) No breach of this Covenant shall defeat or render invalid the lien of any <br /> mortgage or deed of trust (separately, "Mortgage") made in good faith for value, but this <br /> � <br />