Agenda - Council - 07/11/2023 - Laserfiche WebLink

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the Drive Lane Easement Area shall be performed in such a manner so as to cause as little interference as reasonably possible with the continuing use thereof for the purposes set forth herein, in light of the maintenance and repair work being done. 5. Maintenance of the Drive Lane Easement Area. A. Until such time as Parcel B is developed, Parcel A Owner shall be solely responsible for all repair, replacement, snow removal, and other maintenance to the Drive Lane Easement Area. B. Once Parcel B is developed, each Owner shall be jointly responsible for all repair, replacement, snow removal, and other maintenance to the Drive Lane Easement Area on its Parcel and equally for the costs thereof. C. If either Owner fails to perform its obligations under this Section 5 within thirty (30) days after written notice from the other Owner (or two (2) business days after written notice from the other Owner in the case of snow removal), then such other Owner may, but shall not be obligated to, perform the obligations of the non -performing Owner. The non- performing Owner shall reimburse such other Owner who performed such obligations on its behalf for all expenses incurred by such other Owner in performing such obligations. Reimbursement for such expenses shall be made within thirty (30) days after the applicable Owner submits proof of said expenses to the non -performing Owner, and any expenses not reimbursed within thirty (30) days shall collect interest at a rate of twelve percent (12%) annually thereafter until paid. 6. Indemnity A. Parcel A Indemnity. The Parcel A Owner shall indemnify, defend and hold harmless the Parcel B Owner from and against any and all claims, demands, losses, damages, costs and expenses (including but not limited to court costs, penalties and reasonable attorney's fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to the use or occupancy of the Drive Lane Easement Area by the Parcel A Owner, its assigns or licensees, or arising in any manner out of the acts or omissions of the Parcel A Owner or its agents or employees or any other persons acting under Parcel A Owner's direction or control in connection with the Drive Lane Easement Area or easements granted herein. The Parcel A Owner shall not be responsible for the negligent or willful acts of misconduct of the Parcel B Owner. B. Parcel B Indemnity. The Parcel B Owner shall indemnify, defend and hold harmless the Parcel A Owner from and against any and all claims, demands, losses, damages, costs and expenses (including but not limited to court costs, penalties and reasonable attorney's fees), judgments, liabilities and causes of action of any nature whatsoever resulting from or relating to the use or occupancy of the Drive Lane Easement Area by the Parcel B Owner, its assigns or licensees, or arising in any manner out of the acts or omissions of the Parcel B Owner or its agents or employees or any other persons acting under Parcel B Owner s direction or control in connection with the Drive Lane Easement Area or easements granted herein, The Parcel B Owner shall not be responsible for the negligent or willful acts of misconduct of the Parcel A Owner. 7. Enforcement. Without limiting any other provision of this Agreement, if an Owner breaches, defaults or fails to perform any of its obligations set forth in this Agreement and fails to correct or