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86- 10328v <br />ARTICLE VII <br />COVENANT RE: CONSTRUCTION AND OPERATION OF <br />THIRD LEVEL PARKING GARAGE <br />Section 7.1. The Owner of Lot 3, at its expense, shall have <br />the option to construct, operate and maintain a third level of <br />the Parking Garage on Lot 3 or upon a new lot which is a replat <br />of Lot 3 ( "Third Level "). The Third Level shall become part of <br />the definition of "Parking Garage" and shall be subject to burden <br />by and receive the benefits of the easements, covenants, condi- <br />tions, reservations, restrictions and maintenance agreements <br />contained herein that are applicable to Lot 3; provided that the <br />Tenant of Lot 2 shall pay 18% of the Extraordinary Maintenance of <br />the Parking Garage and the Owner of Lot 3 and any Owner of a new <br />lot which is a replat of Lot 3 shall collectively pay 827 of the <br />Extraordinary Maintenance of the Parking Garage. <br />ARTICLE VIII <br />COVENANTS RE: CONSTRUCTION AND OPERATION OF PARKING GARAGE <br />Section 8.1. The Tenants shall have the right at any time, <br />and from time to time. to inspect the construction of the Parking <br />Garage and Parking Lot at its various stages, for the purpose of <br />ascertaining, among other things, whether the construction is in <br />accordance with the Construction Documents and the provisions <br />hereof. Neither the approval (or failure to disapprove) of the <br />construction shall be deemed a waiver in whole or in part of any <br />rights or remedies which the Tenants may have hereunder, under <br />any insurance policy or at law or in equity for any damage caused <br />by the Parking Garage or Parking Lot or the construction thereof <br />-18- <br />u <br />J <br />