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HomeMy WebLinkAbout2510 . • ~ . . .t . . . ~ ~ . { . the cu~_ng owner may cure such defaul~ as a~oresaid prior to t:ze expiration of said waiting period, but after notice to t:~e de~~ulti.n~ owner, if its curing of said default is reasor.ably necessary to prevent substantial loss or damage to the cur~ng owner or any of the occupants of the Parcel o~~•ned by Lhe curing owrner. If the curing owner shall not be reinbursed pro~ptly upon demand therefor for such amount as s;~all be so paid for the account of the defaulting owner, the curing owner may sue for and recover such amount, together with interest thereon at the rate of six percent per annum and the costs of such recovery~ and the costs of such recovery and all amounts owcd hereunder by the defaulting party shall be a lien on the defaultizg party's Parcel, but said lien shall be subordinate to the lien of a.~; ~ortgage then or thereafter given to a bank, insurance company, pens~on fund or other institutional lender. (I) Any amendment of any provision of the Easement A~reement (inciuding any consent given pursuant ta any provision of the Easement r Agreement) shall be valid if assented to by the owners of both the f Parcels benefited and the Parcels burdened by said provision and by f f the mortgagees, if any, of the fees of said Parcels, an~i any amendment so assented to shall be binding upon all others having rights therein without the requirement of ar.y assent from any of them. ~ S i V (J) ~Jherever it is. provided ir~ the Lasement Agreement that ~ ~ any party sha11 perform or cause to be performed any obligation, it is ` . ; s ag-reed and understood that said party shall do the same at its sole E cost and expense u:~less, with respect to said obiigati.on, it is ~ exp~essiy provided otherwise in t:~e Easement Agreeanent. -(i:) Te~porary failure of per~ormance of any obligat~on~s~t iort:~ in i:i1e Easement Agreement due to fire or other casualty, acts of God, ~abor difficulties or other causes be;;ond the reaso:~ble -8 - 6~~ P~If,E~~l:~ . ~ `A~ _ ; ~ .~~~.U._~-~;~~ _ `Y:~