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portion of the Capital Improvement that does not exclusively serve either one Parcel or two or more adjacent Parcels that are owned either by one Owner or by two or more affiliated Owners (the "Common Capital Construction Costs "); (B) pay to Declarant all of the building, construction, erection, and installation costs for any Capital Improvement or portion thereof that either exclusively serves an Owner's Parcels or that exclusively serves two or more adjacent Parcels that are owned either by that Owner or by that Owner and another affiliated Owner (the "Individual Capital Construction Costs "); and (C) enter into a supplemental agreement with Declarant and the other Owners that sets forth the obligations of Declarant and the Owners to maintain and repair the Capital Improvement, and that provides a method for sharing the expenses incurred by Declarant in connection with maintaining and repairing the Capital Improvement (the "Capital Improvement Agreement "). (ii) Each Owner's share of the Common Capital Construction Costs presumptively shall be based on the Building Proportion; provided that, if Declarant, in its sole discretion, determines that allocation of the Common Capital Construction Costs on the basis of the Building Proportion is inequitable or will not fully reimburse Declarant for all common Capital Construction Costs, then Declarant, in its sole discretion, shall calculate each Owner's share of the Common Capital Construction Costs based on a formula or other process of allocation that Declarant determines to be more equitable or appropriate, taking into account the proportionate use of the Capital Improvement(s) that Declarant determines to be attributable to each Parcel. (iii) Each Owner shall receive prior written notice of Declarant's intent to construct or install a Capital Improvement, and the estimated cost and Owner's share thereof. In any event, neither the Tenants of, or Visitors to, a Parcel nor the Owner of a Parcel shall use a Capital Improvement, unless the Owner of the Parcel (A) pays to Declarant its share of the Common Capital Construction Costs and any Individual Capital Construction Costs payable by the Owner pursuant to this Subsection, and (B) enters into the Capital Improvement Agreement. (m) Relocation Expenses. If Declarant exercises its Easement Relocation Rights pursuant to Subsection 7(a)(iii) of Article I, then: (i) the costs and expenses of such abandonment or relocation (the "Relocation Expenses ") shall be allocated among the Owners; and (ii) each Owner's share of the Relocation Expenses presumptively shall be based on the Building Proportion; provided that, if Declarant reasonably determines that allocation of the Relocation Expenses on the basis of the Building Proportion is inequitable or will not fully reimburse Declarant for all Relocation Expenses incurred, then Declarant, in its sole discretion, shall calculate each Owner's share of the Relocation Expenses based on a formula or other process of allocation that Declarant reasonably determines to be more equitable or appropriate, taking into account the proportionate use of the Declared Easement that Declarant determines to be attributable to each Parcel. Notwithstanding anything to the contrary set forth herein, if Declarant exercises its Easement Relocation Rights for the exclusive benefit of one Owner's Parcel or two or more Parcels that are owned either by one Owner or by two or more affiliated Owners, then such Owner, or affiliated Owners, as the case may be, shall reimburse Declarant for the full amount of the Relocation Expenses. (n) Non - Compliance with the Owner Covenants. If an Owner fails to comply with any Owner Covenant, then Declarant shall notify the Owner of such failure to comply, and, if the Owner does not comply within a reasonable time, as determined by Declarant in its sole discretion, then -17-