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<br />200511410 <br /> <br />acceptable and the view of which is substantially obstructed from <br />public view. <br /> <br />(12) Any area within the Property which houses refuse <br />dumpsters or garbage containers shall be completely surrounded <br />on three (3) sides with a wall the exterior of which shall be of the <br />same materials as the building constructed on the Property; the <br />entrance to such area shall be gated with wood or wrought iron. <br /> <br />(13) No fences or barricades of any kind shall be <br />constructed on the Property. <br /> <br />(14) The Property may not be subdivided, in any <br />manner, into smaller lots without the prior written consent of <br />Developer, which may be withheld in its sole discretion. <br /> <br />(15) All utilities and sewers serving and located within <br />the Property shall be installed underground. <br /> <br />(16) The roof of any building constructed within the <br />Property shall not be metal. <br /> <br />4. Indemnity and Insurance. Owner, its successors and assigns shall indemnify, <br />defend and save Developer and its agents, employees, members, directors and officers <br />harmless from all loss, damages, liability, costs or expenses, including, but not limited to, <br />reasonable attorney's fees and all other sums incurred by or threatened against Developer, its <br />agents, employees, members, directors and officers because of any claim or assertion of <br />liability arising or alleged to have arisen out of any act or omission of Owner, its agents, <br />employees and contractors, for any work to be performed by or at the direction of the Owner <br />pursuant to this Agreement. <br /> <br />5. Miscellaneous. <br /> <br />A. All notices, requests, demands or other communications <br />("Notices") hereunder shall be in writing and given by certified mail, return <br />receipt requested or by national overnight courier (e.g., Federal Express, UPS, <br />Airborne) and, in the case of courier service, shall be effective as of the date of <br />delivery to the intended recipient as shown on the courier's records, and in the <br />case of mail, shall be effective three (3) days (excluding weekends and holidays) <br />after mailing, delivery shall be deemed to have been made if the postal service <br />or courier was not able to deliver due to change of address for which no Notice <br />was given. Notices shall be addressed as shown below or to such other address <br />as may be specified from time to time in writing by either party: <br /> <br />5 <br />