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(i) Declarant shall maintain and repair the Common Access Ways and the
<br />Traffic Control System in accordance with any applicable maintenance and use standards as may
<br />be required by the Municipality pursuant to any private agreement entered into between the
<br />Declarant, and /or the Owners Association, as applicable, and the Municipality. In the absence of
<br />such an agreement, Declarant shall replace, in whole or in part, the Common Access Ways and
<br />the Traffic Control System when Declarant, in its sole discretion, determines that replacement is
<br />necessary or appropriate to satisfy the obligations of Declarant to maintain and repair the
<br />Common Access Ways and the Traffic Control System under this Declaration. Declarant shall
<br />procure and maintain: (a) policies of public liability insurance, in such amounts as Declarant or
<br />the Municipality, as the case may be, deems to be appropriate, that insure Declarant and the
<br />Owners against liability for property damage, personal injury, and loss of life occurring on, or in
<br />connection with, the use of the Common Access Ways (the "Common Access Way Liability
<br />Insurance "); and (b) Declarant shall procure and maintain policies of hazard insurance, in such
<br />amounts as Declarant or the Municipality, as the case may be, deems to be appropriate, to
<br />cover casualty damages to, and destruction of, the Common Access Ways and the Traffic Control
<br />System (the "Common Access Way Hazard Insurance ").
<br />(ii) Each Owner shall pay to Declarant a share of the expenses that
<br />Declarant incurs in connection with operating, maintaining, repairing, replacing, landscaping,
<br />and illuminating the Common Access Ways, the Traffic Control System, and the Access
<br />Easements (the "Gross Common Access Way Expenses "). If Declarant dedicates any Access
<br />Easements to a Municipality, and if, as a condition of accepting the dedication, the Municipality
<br />requires Declarant to post a maintenance bond or obligation of a similar nature, then all costs
<br />and expenses that Declarant incurs in connection with posting the bond (including, without
<br />limitation, the cost of the bond) shall be deemed to be part of the Gross Common Access Way
<br />Expenses.
<br />NO Each Owner's share of the Gross Common Access Way Expenses
<br />presumptively shall be based on the proportion of: (A) the aggregate gross floor space of all
<br />completed buildings on the Owner's Parcel(s); to (B) the aggregate gross floor space of all
<br />completed buildings in the Project (the "Building Proportion "); provided that, if Declarant
<br />determines, in its sole discretion, that allocation of the Gross Common Access Way Expenses on
<br />the basis of the Building Proportion is inequitable or will not fully reimburse Declarant for all
<br />Gross Common Access Way Expenses incurred, then Declarant, in its sole discretion, shall
<br />calculate each Owner's share of the Gross Common Access Way Expenses based on a formula or
<br />other process of allocation that Declarant determines to be more equitable or appropriate,
<br />taking into account the proportionate use of the Common Access Ways that Declarant
<br />determines to be attributable to each Parcel.
<br />(b) Provision of Parking Areas and Other Access Ways. Each Owner shall: (i) unless
<br />Declarant approves otherwise in writing, provide its Improved Parcel(s) with paved access ways and
<br />paved sidewalks and walkways for adequate access, ingress, and egress to (and from) each building from
<br />(and to) the Common Access Ways; (ii) unless Declarant approves otherwise in writing, provide its
<br />Improved Parcel(s) with paved parking areas and vehicle loading facilities that serve Tenants of, and
<br />Visitors to, the buildings on its Improved Parcel(s); (iii) maintain and repair the parking areas, access
<br />ways, sidewalks, walkways, and loading facilities on its Improved Parcel(s) so that they are safe for use
<br />by, and are adequate to serve, all Tenants of, and Visitors to, buildings on that Owner's Improved
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