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arising from, or in connection with: (A) any storage or usage of any Hazardous Substances by
<br />such Owner (or its employees, agents, contractors, tenants, invitees, or licensees) in, on or
<br />about its Parcel(s); or (B) any transportation of any Hazardous Substances by such Owner (or its
<br />employees, agents, contractors, tenants, invitees, or licensees) to or from its Parcel(s); whether
<br />or not such storage, usage, or transportation constitutes a failure of such Owner to observe or
<br />perform fully its obligations under this Subsection (b), or to comply with or observe fully the
<br />limitations and restrictions under this Subsection (b). The claims, judgments, liabilities, losses,
<br />costs and expenses from and against which each Owner has agreed to indemnify, defend,
<br />protect and hold harmless Declarant, any party affiliated with Declarant, and all other Owners
<br />under this Subsection (b) shall, to the extent covered by the preceding indemnity, include the
<br />following: (A) any obligation or liability of such Owner or Declarant under any Law to: (1)
<br />remove any Hazardous Substance or contaminated soil or groundwater from such Owner's
<br />Parcel(s) or Parcels of other Owners; (2) "clean up" any contamination of the soil or the
<br />groundwater in, on or under such Owner's Parcel(s) or Parcels of other Owners; or (3) perform
<br />any remediation of or for such Owner's Parcel(s) or Parcels of other Owners; (B) all charges,
<br />fines or penalties imposed by governmental authority or under any Law governing Hazardous
<br />Substances; and (C) all claims by, and liabilities to, any third party.
<br />(c) Zoning Changes and Variances. No Owner shall seek to change a zoning
<br />classification for any Parcel, or to secure a zoning variance, development plan approval, special use
<br />exception or variance, or exception from applicable building standards, setbacks, other use restrictions,
<br />or subdivision control ordinances (collectively, the "Zoning Change(s) ") for any Parcel unless Declarant
<br />approves in writing the proposed Zoning Change. If Declarant seeks a Zoning Change for a Parcel that
<br />Declarant owns, or if Declarant, in its sole discretion, approves in writing any Owner's proposal to seek a
<br />Zoning Change, then (unless the Zoning Change involves a material change in the use of the Parcel that
<br />unreasonably and materially will interfere with the lawful and intended use of another Parcel) each
<br />Owner shall: (i) be deemed to have consented to the Zoning Change; and (ii) execute any and all
<br />documents that Declarant, in its sole discretion, determines to be necessary or appropriate, stating,
<br />representing, certifying, or acknowledging that the Owner consents to the Zoning Change.
<br />Section 2. Construction of Common Access Ways, Traffic Control System, Utility
<br />Systems, Drainage System and Irrigation System.
<br />(a) Construction of Common Access Ways and Traffic Control System. Declarant
<br />shall, at its cost and expense, construct or cause to be constructed the Common Access Ways and Traffic
<br />Control System in accordance with the plans and specifications required by the Municipality and as
<br />otherwise required by law and the Owners against liability for property damage, personal injury, and
<br />loss of life occurring on, or in connection with, the construction of the Common Access Ways and Traffic
<br />Control System (the "Common Access Way Construction Liability Insurance ").
<br />(b) Construction of Utility Systems, Drainage System and Irrigation System.
<br />Declarant shall, at its cost and expense, construct or cause to be constructed the Utility Systems in
<br />accordance with the plans and specifications required by the Municipality or otherwise required by law.
<br />Section 3. Maintenance and Contribution Covenants.
<br />(a) Maintenance of Common Access Ways.
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