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Within twenty(20)days after written request for payment,the Owner of the Lehman Lagoon <br /> Property shall reimburse the Owner of the Navarre Properiy for fifty percent (50%) of all costs <br /> incurred in performing maintenance and repair(including replacements)of the Access Facilities as <br /> pernutted under this Section 3. Notwithstanding a.nything herein to the contrary, if repair or <br /> replacement vf the Access Facilities is made with materials better in quality(and more expensive) <br /> than the type of materials used for the initial construction of the Access Facilities,then the Owner of <br /> the Lehman Lagoon property shall only be responsible for fifly percent(50%)of a sum equal to the <br /> estimated cost of such work had the Owner of the Navarre Property utilized the same materials used <br /> for the initial construction of the Access Facilities, and the Owner of the Navarre Property shall be <br /> responsible for the entire balance of the actual costs of repair or replacement, except as otherwise <br /> consented to in writing by the Owner of the Lehman Lagoon Property. <br /> 4. Defuutions. <br /> (a) "Defaulting Party"means an Owner of a Parcel that fails to timely perform its <br /> obligations under this Declaration, including without limitation, Section 3 or Section 7. <br /> (b) "Non-Defaulting Party"means the Owner of the other Parcel who notifies the <br /> Defaulting Party of its breach or default of its obligations under this Declaration. <br /> (c) "Owner"shall mean and refer to the record owner of fee simple title,whether <br /> one or more persons or entities, to any one or more of the Parcels (defined below), but <br /> excluding those having such interest merely as collateral or security for the performance of <br /> any obligation. <br /> (d) "Occupants"means any person or persons from time to time entitled to the <br /> use and occupancy of any portion of the Parcels under an ownership right or any lease, <br /> sublease, license,concession, or other similar written agreement. <br /> (e) "Parcel"means either of the Lehman Lagoon Property or Navarre Property <br /> depending on the context, and "Parcels" means both the Lehman Lagoon Properry and <br /> Navarre Property. <br /> 5. General Provisions. <br /> (a) The Easement shall be irrevocable and perpetual in duration,provided,however,if a <br /> shorter period is required by applicable laws for the effectiveness of this Declaration, then the <br /> duration of the Easement shall be for so long as permitted by applicable laws. <br /> (b) The Easement shall be an easement appurtenant to the respective Parcels and not an <br /> easement in gross. <br /> (c) In the event an Owner transfers or conveys a portion of its Parcel in accordance with <br /> applicable laws,the Easement which benefits,binds, and burdens the remainder of the Parcel not <br /> transferred or conveyed shall benefit,bind, and burden the portion of the Parcel so transferred or <br /> conveyed,and those easements granted under this Declaration which benefit,bind,and burden the <br /> �i�os�s <br /> 3 <br />