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defaulting Owners shall be entitled to full and adequate relief by <br /> injunction and/or all other available legal and equitable remedies from the <br /> consequents of such breach, including payment of any amounts due and/or <br /> specific performance. <br /> 5.2) In addition to all other remedies available at law or in equity,upon the <br /> failure of a defaulting Owner to cure a breach of this Declaration within <br /> thirty (30) days following written notice thereof by an Owner(unless, with <br /> respect to any such breach the nature of which cannot reasonably be cured <br /> within such 30-day period,the defaulting Owner commences such cure <br /> within such 30-day period and thereafter diligently prosecutes such cure to <br /> completion), any of the Owners shall have the right to perform such <br /> obligation contained in this Declaration on behalf of such defaulting <br /> Owner and be reimbursed by such defaulting Owner upon demand for the <br /> reasonable costs thereof together with interest at a rate of five percent <br /> (5%)per annum. Any of the non-defaulting Owners may bring an action, <br /> on behalf of the non-defaulting Owners,to collect the defaulting Owner's <br /> share of such costs, and shall be entitled to recover such reasonable <br /> attorney's fees as the court may allow, together with all necessary costs <br /> and disbursements incurred in connection therewith. <br /> 5.3) In the event the Owners fail to conduct Maintenance, it is agreed by all <br /> Owners that the City may undertake such Maintenance and assess each <br /> Lot an equal share of the costs for Maintenance conducted by the City. <br /> Any such Maintenance conducted by the City will not result in the Road <br /> becoming a public roadway. Each of the Owners agrees to pay to the City <br /> its equal share of the costs incurred by the City for such Maintenance <br /> within thirty (30) days following written notice thereof from the City to <br /> each of the Owners. Failure of the Owners to reimburse the City for any <br /> such Maintenance conducted by the City as required herein shall result in <br /> a claim for reimbursement and shall be assessed by the City against the <br /> Lot(s) for which payment has not been made and shall constitute a lien <br /> against said Lot(s)which shall be filed by the City in accordance with <br /> applicable provisions of the City Code and the City is entitled to recover <br /> reasonable attorneys' fees and costs for collection thereof. <br /> 5.4) In the event actions of an Owner results in damage to the Road, or if an <br /> Owner fails to pay any amount due for Maintenance pursuant to this <br /> Declaration, then such actions shall be deemed a breach of this <br /> Declaration, and in addition to all other remedies available at law or in <br /> equity, including the remedies provided in Section 5.2 above,the non- <br /> defaulting Owners may elect to (i)restore the Road to its prior condition <br /> (in the case of damage to the Road), or(ii)pay such defaulting Owner's <br /> share of the costs for Maintenance (in the case of non-payment). The <br /> costs paid for such restoration and/or paid for Maintenance, including <br /> 218545v6 <br />