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Parcel(s); and (iv) replace, in whole or in part, the parking areas, access ways, walkways, and loading <br />facilities on its Improved Parcel(s) when replacement is necessary to satisfy the obligations of the Owner <br />under this Declaration. <br />(c) Maintenance of Common Utility and Irrigation Systems. <br />(i) Declarant shall maintain and repair all portions of the Utility Systems <br />that are not: (i) entirely located on and exclusively serving one Parcel; or (ii) entirely located on <br />and exclusively serving two or more adjacent Parcels that are owned by either one Owner or by <br />two or more affiliated Owners (the "Common Portions of the Utility Systems "); so that the <br />Common Portions of the Utility Systems remain in good and functional condition. Declarant <br />shall replace, in whole or in part, the Common Portions of the Utility Systems when Declarant <br />determines, in its sole discretion, that replacement is necessary or appropriate to satisfy the <br />obligation of Declarant to maintain and repair the Common Portions of the Utility Systems <br />under this Declaration. <br />(ii) Declarant shall maintain and repair all portions of the Irrigation System <br />that are not: (i) entirely located on and exclusively serving one Parcel; or (ii) entirely located on <br />and exclusively serving two or more adjacent Parcels that are owned by either one Owner or by <br />two or more affiliated Owners (the "Common Portions of the Irrigation Systems "); so that the <br />Common Portions of the Irrigation Systems remain in good and functional condition. Declarant <br />shall replace, in whole or in part, the Common Portions of the Irrigation Systems when Declarant <br />determines, in its sole discretion, that replacement is necessary or appropriate to satisfy the <br />obligation of Declarant to maintain and repair the Common Portions of the Irrigation Systems <br />under this Declaration. <br />(iii) Each Owner shall pay to Declarant a share of the expenses that <br />Declarant incurs in connection with operating, maintaining, repairing, replacing and landscaping <br />the Utility Easements and the Common Portions of the Utility Systems (the "Common Utility <br />Expenses "). Each Owner shall pay to Declarant a share of the expenses that Declarant incurs in <br />connection with operating, maintaining, repairing, replacing and landscaping the Irrigation <br />Easements and the Common Portions of the Irrigation Systems (the "Common Irrigation <br />Expenses "). The Common Utility Expenses and Common Irrigation Expenses shall include all <br />costs and expenses that Declarant incurs in connection with: (i) supplying the Project with <br />general water delivery service for irrigation, and supplying electrical power service to pumps <br />and other portions of the Drainage System and Irrigation System; (ii) the local water utility levies <br />for fire protection; and (iii) any other charges in connection with the installation, maintenance, <br />repair, and replacement of fire hydrants in the Project. <br />(iv) Each Owner's share of the Common Utility Expenses presumptively shall <br />be based on the Building Proportion; provided that, if Declarant determines, in its sole <br />discretion, that allocation of the Common Utility Expenses on the basis of the Building <br />Proportion is inequitable or will not reimburse Declarant for all Common Utility Expenses <br />incurred, then Declarant, in its sole discretion, shall calculate each Owner's share of the <br />Common Utility Expenses based on a formula or other process of allocation that Declarant <br />determines to be more equitable or appropriate, taking into account the proportionate use of <br />the Utilities that Declarant determines to be attributable to each Parcel. <br />-12- <br />