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201107590
<br />Lot Owners or their respective officers, directors, employees, agents, contractors or
<br />invitees), to their respective prope�ty, respective Lots and the improvements thereon, its
<br />contents or to any other portion of the same arising from any risk covered by or which could
<br />be covered by the forms and type of property insurance required to be carried by the
<br />Developer or Lot Owners, respectively, under this Declaration. The Lot Owners hereto
<br />each, on behalf of their respective insurance companies insuring the property of such Lot
<br />Owners against any such loss, waive any right of subrogation that such Lot Owners or the
<br />respective insurers may have against the other or their respective officers, directors,
<br />employees, agents, contractors or invitees and all rights of their respective insurance
<br />companies based upon an assignmentfrom its insured. Each Lot Owner to this Declaration
<br />agrees to give each such insurance company written notification of the terms of the mutual
<br />waivers contained in this Section and to have said insurance policies properly endorsed, if
<br />necessary, to prevent the invalidation of such insurance coverage by reason of said waivers.
<br />The foregoing waiver shall be effective whether or not the Lot Owners maintain the required
<br />insurance or given written notice of the waivers contained herein to their insurance
<br />companies.
<br />8. Employee Parking. Developer and Lot Owners shall use their best efforts to cause Permittees
<br />of the Lots to have their respective employees park only in the permitted employee parking areas for such
<br />Permittee as same may be designated from time to time by each Lot Owner in its sole discretion without joinder
<br />of any other party.
<br />9. Uses. The uses of the Lots shall be consistent with this Declaration and with the Shopping
<br />Center Declaration and consistent with and complimentary to uses by the other permittees ofi the Development.
<br />10. Hazardous Material. No Lot Owner shall keep, store, produce, permit to be kept, stored or
<br />produced, on or about Lot Owner's Lot or any improvements thereon, for use, disposal, treatment, generation,
<br />storage or sale, any substance designated as, or containing components designated as hazardous, dangerous,
<br />toxic or harmful or which may be considered a"Hazardous Material" (as defined herein this Declaration) and/or is
<br />subject to regulation by any federal, state or local law, regulation, statute or ordinance now or hereinafter enacted
<br />("Environmental Laws"). In addition, Lot Owners shall agree not to release or discard any Hazardous Materials
<br />on said Lot Owner's Lot, or any other Lot within the Developer Property.
<br />11. Default and Remedies.
<br />11.1. Notice and Cure. A default shall occur under this Declaration if any party (a
<br />"Defaulting Party") shall fail to perform any of the terms, provisions, covenants or conditions to be
<br />performed or complied with by the Defaulting Pariy pursuant to this Declaration and any such failure
<br />(except as to emergencies or as to snow removal) shall remain uncured for a period of thirty (30) days
<br />after the other party (the "Non-Defaulting Party") shall have served upon the Defaulting Party written
<br />notice of such failure; provided that no default shall occur if: (i) the default is of such character as
<br />reasonably to require more than thirty (30) days to cure and the Defaulting Parly shall commence to cure
<br />such default within said thirty (30) day period and shall continuously and diligently cure such default after
<br />commencing such cure; or (ii) a separate notice and remedy provision is specifically provided elsewhere
<br />in this Declaration for such default and the Defaulting Party complies with and cures under said provision.
<br />Notwithstanding the foregoing, if the failure of the Defaulting Party relates to a matter which is of an
<br />emergency nature involving immediate threat of damage or injury to persons or property or a failure of
<br />the Defaulting Party to remove snow from the parking areas, or the Defaulting Party has not commenced
<br />to cure such default with said thirty (30) day period, then (i) the Non-Defaulting Party, at its option, may
<br />perform any such term, provision, covenant, or condition, or make any such payment required to cure
<br />such default provided that the Non-Defaulting Party provides the Defaulting Party with notice of such
<br />failure within (twenty-four) 24 hours after the Non-Defaulting Party discovers the same, (ii) the Defaulting
<br />Party shall promptly reimburse the Non-Defaulting Partyfor all such expenses and costs incurred and (iii)
<br />9
<br />Meadowlark Declaration
<br />Lots 1 8� 2-9�' Subdivision
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