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200801983 (11) No outdoor satellite shall be installed on the roof of any building or within Of on any portion of the Property without the prior approval of Developer which will not be unreasonably withheld provided the size and design are acceptable and the view of which is substantially obstructed from public view. (12) Any area within the Property which houses refuse dumpsters or garbage containers shall be completely surrounded on three (3) sides with a wall the exterior of which shall be of the same materials as the building constructed on the Property; the entrance to such area shall be gated with wood or wrought iron. (13) No fences or barricades of any kind shall be constructed on the Property except for approved fencing as part of a trash enclosure. (14) The Property may not be subdivided, in any manner, into smaller lots without the prior written consent of Developer, which may be withheld in its sole discretion. (15) All utilities and sewers serving and located within the Property shall be installed underground. (16) The roof of any building constructed within the Property shall not be metal. 4. Indemnitv and Insurance. Owner, its successors and assigns shall indemnify, defend and save Developer and its agents, employees, members, directors and officers harmless from all loss, damages, liability, costs or expenses, including, but not limited to, reasonable attorney's fees and all other sums incurred by or threatened against Developer, its agents, employees, members, directors and officers because of any claim or assertion of liability arising or alleged to have arisen out of any act or omission of Owner, its agents, employees and contractors, for any work to be performed by or at the direction of the Owner pursuant to this Agreement. 5. Miscellaneous. A. All notices, requests, demands or other communications ("Notices") hereunder shall be in writing and given by certified mail, return receipt requested or by national overnight courier (e.g., Federal Express, UPS, Airborne) and, in the case of courier service, shall be effective as of the date of delivery to the intended recipient as shown on the courier's records, and in the case of mail, shall be effective three (3) days (excluding weekends and holidays) after mailing, delivery shall be deemed to have been made if the postal service or courier was not able to deliver due to change of address for which no Notice was 5