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Exhibit B-2 (the "Outlot A Easement Areas") for the construction, use, maintenance, repair and
<br />replacement of a driveway and the use of such driveway by the owner of Lot 3 and its
<br />employees, agents, contractors, tenants and invitees. This easement is appurtenant to Lot 3. The
<br />Lot 3 Easement Areas and the Outlot A Easement Areas are referred to herein, collectively, as
<br />the "Driveway Easement Areas."
<br />5. Drainage and Utility Easements. The HRA hereby declares perpetual, non-
<br />exclusive, easements over, under and across the portions of Lot 3 legally described on the
<br />attached Exhibit C-1 and depicted on the attached Exhibit C-2 (the "Drainage and Utility
<br />Easement Areas") for the construction, use, maintenance, repair and replacement of below grade
<br />drainage and utility lines, pipes and other improvements.
<br />6. Construction of Driveway Improvements. If the owner of Lot 3 constructs
<br />driveways on the Outlot A Easement Areas in connection with the development of Lot 3 or if the
<br />owner of Outlot A constructs driveways on the Lot 3 Easement Areas in connection with the
<br />development of Outlot A, they must do so at their sole cost and expense and they are not entitled
<br />to any reimbursement for such construction costs from the owner of the other parcel.
<br />7. Maintenance, Repair and Replacement of the Driveway Improvements. The
<br />owner of Lot 3 must, at its sole cost and expense, maintain, repair and, as necessary, replace any
<br />driveway improvements constructed within the Lot 3 Easement Areas, and the owner of Outlot A
<br />must, at its sole cost and expense, maintain, repair and, as necessary, replace any driveway
<br />improvements constructed within the Outlot A Easement Areas; provided, however, neither
<br />owner is obligated to maintain, repair or replace any driveway improvements located on its
<br />property until such time as a certificate of occupancy has been issued for improvements
<br />constructed on its property. For purposes of this: Section 7, maintenance includes snow removal.
<br />Notwithstanding the forgoing, the owners of Lot 3 and Outlot A may subsequently agree to
<br />jointly contract for the maintenance, repair and, as necessary, replacement of any driveway
<br />improvements constructed within the Driveway Easement Areas and to allocate the costs of such
<br />maintenance, repair and, as necessary, replacement in any manner they deem appropriate. If
<br />either the owner of Lot 3 or Outlot A fails to reasonably maintenance, repair or,. as necessary,
<br />replace any driveway improvements constructed within its property as required hereunder, the
<br />other parcel owner may, after thirty (30) days written notice and the failure of the non-
<br />performing owner to perforin its obligations under this Section 7, undertake such maintenance,
<br />repair and, as necessary, replacement work within the easement as it deems necessary and
<br />appropriate, but such work shall be undertaken at the performing owner's sole cost and expense.
<br />8. Indemnifications and Obligation to Repair. The owner of Lot 3 and the owner
<br />of Outlot A must each indemnify and defend the other parcel owner against and hold the other
<br />parcel owner harmless from, any third party claims; including, but not limited to, mechanics liens
<br />claims, arising out of or relating to any construction, maintenance, repair or replacement work
<br />performed by or at the request of the indemnifying party within the Driveway Easement Areas.
<br />The owner of Outlot A must indemnify and defend the owner of Lot 3 against and hold the
<br />owner of Lot 3 harmless from, any third party claims, including, but not limited to, mechanics
<br />liens claims, arising out of or relating to any construction, maintenance, repair or replacement
<br />work performed by or at the request of the owner of Outlot A within the Drainage and Utility
<br />Easement Areas. Notwithstanding the provisions of Section 7, each owner is solely responsible
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