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<br /> <br />218545v54 <br />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 /> <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 /> <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 /> <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