~~
<br />times keep and maintain all such pipes and/or lines and appurtenant installations in good and operable
<br />condition.
<br />Section 4 Disconnection or Shut-off of Collection Lines. Notwithstanding any provision
<br />contained in this Agreement to the contrary, the record owner of the Office Building Tract shall have the
<br />right, at any time, in its sole discretion, to temporarily or permanently disconnect or shut-off any one or more
<br />of the Collection Lines. Any disconnection or shut-off of any one or more of the Collection Lines shall be
<br />accomplished by the record owner of the Office Building Tract (or its contractor or subcontractor), at its sole
<br />cost and expense, in an appropriate manner and at an existing shut-off valve or other appropriate location.
<br />Any disconnect or shut-off of any one or more Collection Lines shall occur only after the record owner of the
<br />Office Building Tract shall have delivered reasonable prior written notice of any such disconnection or shut-
<br />off to the Association, and shall be accomplished in a manner that will not unreasonably or unnecessarily
<br />interfere with the use of the Common Elements by the respective owners of the Condominium Units and such
<br />owners' employees, patrons, customers, contractors, guests, invitees and licensees.
<br />Section 5 Indemnification.
<br />a. The record owner of the Office Building Tract shall indemnify and hold harmless the record
<br />owners of the Parking Deck Tract and the Condominium Units, and their respective successors and assigns,
<br />from and against any loss, damage, expense and/or liability, including court costs and reasonable attorneys'
<br />fees, incurred or suffered by any one or more of the record owners of the Parking Deck Tract and the
<br />Condominium Units, or their respective successors and assigns, as a consequence of any damage, repair or
<br />alteration to any part of the Parking Deck Tract or the Condominium resulting from any failure on the part of
<br />the record owner of the Office Building Tract to (i) maintain the Gray Water System, including the Collection
<br />Lines, in good and operable condition as required in Section 3 above, or (ii) repair, replace, disconnect or
<br />shut-off any Collection Lines in an appropriate manner as required in Section 3 or Section 4 above, or (iii)
<br />comply with any other provision of this Agreement.
<br />b. The record owner of the Parking Deck Tract shall indemnify and hold harmless the record owners
<br />of the Office Building Tract and the Condominium Units, and their respective successors and assigns, from
<br />and against any loss, damage, expense and/or liability, including court costs and reasonable attorneys' fees,
<br />incurred or suffered by any one or more of the record owners of the Office Building Tract and the
<br />Condominium Units, or their respective successors and assigns, as a consequence of any damage to any
<br />Collection Lines located in, on or upon the Parking Deck Tract resulting from (i) any act of the record owner
<br />of the Parking Deck Tract or any such owner's employees, patrons, customers, contractors, guests, invitees or
<br />licensees, or (ii) any failure on the part of the record owner of the Parking Deck Tract to comply with any
<br />provision of this Agreement.
<br />c. The record owner of each of the Condominium Units, and/or the Association, as applicable, shall
<br />indemnify and hold harmless the record owners of the Office Building Tract and the Parking Deck Tract, and
<br />their respective successors and assigns, from and against any loss, damage, expense and/or liability, including
<br />court costs and reasonable attorneys' fees, incurred or suffered by any one or more of the record owners of
<br />the Office Building Tract and the Parking Deck Tract, or their respective successors and assigns, as a
<br />consequence of any damage to any Collection Lines located in, on or upon the Common Elements resulting
<br />from (i) any act of such record owner or such owner's employees, patrons, customers, contractors, guests,
<br />invitees or licensees, or (ii) any failure of the record owners of the Condominium Units, or the Association, to
<br />keep and maintain all pipes and/or lines and appurtenant installations in good and operable condition as
<br />required in Section 3 above, or (iii) any failure on the part of the record owners of the Condominium Units,
<br />or the Association, to comply with any other provision of this Agreement..
<br />-4-
<br />
|