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streets and roadways; (B) deny or materially impair a required utility service to an Improved
<br />Parcel; or (C) deny or materially impair required surface and storm water detention for an
<br />Improved Parcel.
<br />(ii) Subject to the covenants, conditions, terms, and provisions set forth in
<br />Section 7 of this Article I, and upon approval of the Construction Plans (as defined in Article II,
<br />Section 4) for a building, permanent parking area, permanent access way, or permanent
<br />sidewalk or walkway: (A) the area of all Utility and Irrigation Easements and Drainage Easements
<br />shall be deemed to be limited to that part of the Real Estate that is not under, over, or above a
<br />building or the foundation of a building, or over or above a permanent parking area; and (B) the
<br />area of all Access Easements and Project Common Parking Easement shall be deemed to be
<br />limited to that part of the Real Estate that is not under, over, or above a building or the
<br />foundation of a building; provided that the area of any Utility and Irrigation Easements or
<br />Drainage Easements may include that portion of the Real Estate that is under a permanent
<br />parking area, permanent driveway, or permanent sidewalk or walkway; provided, further,
<br />that the use of such portion as a Utility and Irrigation Easements or Drainage Easements
<br />materially does not impair the use of the permanent parking area, permanent driveway, or
<br />permanent sidewalk or walkway;
<br />(iii) Declarant shall not exercise any rights reserved to Declarant in
<br />Subsection 7(a) of this Article I in a manner that unreasonably interferes with the lawful and
<br />intended use of any Parcel; provided that in no event shall an abandonment or relocation of any
<br />one or more of the Declared Easements be deemed to be an unreasonable interference if: (A)
<br />Declarant complies with the covenants, conditions, terms, and provisions of Subsection 7(b),
<br />clause (i) of this Article I, as may be applicable; and (B) such abandonment or relocation is
<br />necessary or appropriate for compliance with: (1) any Law of any Municipality; or (2) the
<br />requirements of any Utility Provider; and
<br />(iv) Any party exercising the rights reserved to Declarant in Subsection 7(a)
<br />of this Article I that damages any Common Access Ways, Utility Systems, Drainage System,
<br />Irrigation System, Signs, Project Common Parking Areas, Project Common Green Space Areas or
<br />any access way, sidewalk, walkway, lighting, landscaped area, or other surface improvements, or
<br />any other portion of any Owner's Parcel (collectively, the "Surface Improvement(s) ") when
<br />exercising such rights shall restore the damaged Surface Improvement to a condition
<br />substantially the same as the condition that existed before such damage occurred.
<br />Section 8. Nature and Assignment of Easements and Rights.
<br />(a) Defined Easement Locations. Notwithstanding any covenant, condition, term,
<br />or provision of this Declaration to the contrary, any Declared Easement may be limited to a defined or
<br />specified part of the Real Estate by: (i) any Plat; (ii) an additional instrument (the "Easement
<br />Instrument(s) ") executed by Declarant pursuant to its reserved rights in Subsection 7(a), clause (i), of
<br />this Article I and recorded in the Office of the Recorder of St. Joseph County, Indiana; or (iii) construction,
<br />installation, or use permitted or authorized by Declarant (the "Defined Easement(s) "). A document,
<br />diagram, or survey shall be deemed to have been made available to the Owners only if the document,
<br />diagram, or survey is: (i) recorded by Declarant in the Office of the Recorder of St. Joseph County,
<br />Indiana; or (ii) available by Declarant for inspection by the Owners during regular business hours at the
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