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20110�590 the Non-Defaulting Party shall not be liable or responsible for any loss or damage resulting to the Defaulting Party or anyone holding the Defaulting Party on account of such cure. 11.2. Default Interest. Interest shall accrue on sums owed by a Defaulting Party to a Non- Defaulting Party and shall be payable from the date anysuch sum first became due hereunder until paid in full, at a rate of interest (the "Default Rate") equal to the lesser of: (a) the floating rate which is equal to four percent (4%) per annum in excess of the annual rate of interest from time to time announced by the largest federally insured bank in the City (or such other bank as may reasonably be selected by Developer), as its corporate base rate or so called prime rate of interest, or (b) the then maximum lawful rate of interest in the State applicable to the capacity of the Defaulting Pa�ty and the nature of the debt. In the event a corporate base rate is not announced, and no maximum lawful rate applies, then the Default Rate shall equal fifteen percent (15%) per annum. 11.3. Additional Remedies. The Non-Defaulting Party may offset any sums due to the Defaulting Party (an "Offset") pursuant to this Declaration. Any Offset pursuant to the provisions of this Subsection shall not constitute a default in the payment thereof unless the Non-Defaulting Party taking such offset shall fail to pay the amount of such Offset of the Defaulting Party within thirty (30) days after final adjudication that such Offset is owing to the Defaulting Party and thus was improperly deducted. The right to Offset given in this Subsection is for the sole protection of the Non-Defaulting Party, and its existence shall not release the Defaulting Party from the obligation to perform the terms, provisions, covenants and conditions herein proved to be perFormed thereby or deprive the Non-Defaulting Party of any legal rights. 11.4. Non-exclusive Right of Entry and Non-exclusive Easements. Each party hereto hereby grants to the other a non-exclusive right of entry and non-exclusive easements for and during the Term of this Declaration, as herein after defined, in over and under their respective real property (excluding the right to enter any buildings thereon) for all purposes reasonably necessary, to enable the Non-Defaulting Party (acting directly or through agents, contractors or subcontractors) to perform any of the terms, provisions, covenants or conditions of this Declaration on the part of the Defaulting Party to be performed. 11.5. Breach. In the event of a breach, or attempted or threatened breach, of any terms, provisions, covenants or conditions of this Declaration, the Non-Defaulting Party shall be entitled forthwith to full and adequate relief by injunction, damages, and all other available legal and equitable remedies from the consequences of such breach. 12. Eminent Domain. 12.1. Owner's Right To Award. Nothing herein shall be construed to give any Lot Owner any interest in any award or payment made to another Lot Owner in connection with any exercise of eminent domain or transfer in lieu thereof affecting said other party's Lot or giving the public or any government any rights in said Lot. In the event of any exercise of eminent domain or transfer in lieu thereof any part of the Common Area, including the Lots, the award attributable to the land and improvements of such portion of the Common Areas shall be payable only to the owner thereof, and no claim thereon shall be made by the owners of any other portion of the Common Areas. 12.2. Claims. All other owners of the Common Area may file collateral claims with the condemning authorityfor their losses which are separate and improvements taken from another owner. Nothing in this Section shall prevent a tenant from making a claim against a Lot Owner pursuant to the provisions of any lease befinreen tenant and owner for all or a portion of any such award or payment. 12.3. Restoration of Common Areas. The owner of any portion of the Common Area so condemned shall promptly repair and restore the remaining portion of the Common Areas within its 10 Meadowlark Declaration Lots 1 & 2-9�' Subdivision