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<br />4810-5342-0509, v. 2
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<br />with the Storm Water Agreement and any agreements that are recorded or may be recorded against the
<br />Community. All trash receptacles within an Owner’s Unit shall be closed at all times except when disposing
<br />of trash. The Association and the Owners shall comply with the Storm Water Agreement and all applicable
<br />Best Management Practices and perform all maintenance that may be imposed by any water quality
<br />management plan that may affect the Property. The costs of the Association’s portion of such maintenance,
<br />if any, shall be treated as a Common Expense. All Owners and the Association are required to comply with
<br />such restrictions and Best Management Practices. “Best Management Practices” means all best
<br />management practices imposed from time to time by Applicable Laws or Governmental Entities, including
<br />without limitation, pollution control practices or devices, erosion control to prevent silt runoff during
<br />construction, general housekeeping practices, pollution prevention and educational practices, maintenance
<br />procedures, and other management practices or devices to prevent or reduce the discharge of pollutants
<br />to storm water, receiving water or storm water conveyance system to the maximum extent practicable.
<br />Owners are encouraged to consult with the Governmental Entities concerning the proper disposal of any
<br />toxic or Hazardous Materials.
<br />2.16.2 Liability to Declarant. So long as Declarant owns any portion of the Property
<br />or Annexable Property, if an Owner or the Association is not in compliance with the provisions of this Section
<br />and, as a result, Declarant may incur any liability, Declarant shall have the right but not the obligation to
<br />enter upon the Association Property and the Unit to correct such violation. Any Owner who violates the
<br />requirements of this Section, and the Association, to the extent the Association violates the requirements
<br />of this Section, shall indemnify, protect, defend and hold Declarant and Declarant’s officers, directors,
<br />successors and assigns entirely free and harmless from and against any liabilities, penalties, costs,
<br />expenses and actions, including, without limitation, attorneys’ fees and costs arising from or attributed to a
<br />violation of the provisions of this Section and shall, within fifteen (15) days after request from Declarant,
<br />reimburse Declarant for any costs and expenses incurred by Declarant in correcting any violation of this
<br />Section by the Owner or the Association.
<br />2.17 Post Tension Slabs. The concrete slabs for the Condominium Building in the Community
<br />are reinforced with a grid of steel cables that were installed in the concrete and then tightened to create
<br />very high tension. This type of slab is commonly known as a “Post Tension Slab.” Cutting into a Post
<br />Tension Slab for any reason (e.g., to install a floor safe, to remodel plumbing, etc.) is very hazardous and
<br />may result in serious damage to the Unit and/or personal injury. By accepting a grant deed to a
<br />Condominium in the Community, each Owner specifically covenants and agrees that: (a) such Owner shall
<br />not cut into or otherwise tamper with the Post Tension Slab; (b) such Owner shall not knowingly permit or
<br />allow any person to cut into or tamper with the Post Tension Slab; (c) such Owner shall disclose the
<br />existence of the Post Tension Slab to any Occupant or subsequent purchaser of the Condominium; and (d)
<br />such Owner shall indemnify, protect, defend and hold Declarant and its officers, employees, contractors
<br />and agents, free and harmless from and against any and all claims, damages, losses, or other liability
<br />(including, without limitation, attorneys’ fees) arising from any breach of this Section.
<br />2.18 Solar Energy Systems. The Solar Energy Systems installed as a part of the original
<br />construction of the Condominium Buildings, and any successor or replacement Solar Energy Systems that
<br />may be installed on the Condominium Buildings are subject to the provisions in this Section 2.18 (Solar
<br />Energy Systems). The Solar Energy Systems installed as a part of the original construction of the
<br />Condominium Buildings will either be owned by an Owner or the Owner will lease the Solar Energy System
<br />or purchase the power generated by the Solar Energy System from the owner of the Solar Energy System
<br />(“Solar Company”). Declarant makes no representation or warranty regarding the efficiency (including the
<br />amount of electrical generation) of the Solar Energy Systems installed as a part of the original construction
<br />of the Condominium Buildings. Efficiency may vary based on a number of factors including building height,
<br />building orientation, topography, roof slopes, roof equipment, and adjacent structures and vegetation. In
<br />addition, Declarant makes no representation or warranty of any nature regarding the Solar Energy Systems
<br />installed as a part of the original construction of the Condominium Buildings. Owners must rely solely on
<br />the manufacturer’s warranty and/or any warranty that may be issued by the Solar Company to Owner and
<br />any guarantees regarding the efficiency of the Solar Energy System that may be issued by a manufacturer
<br />of the Solar Energy System or the Solar Company. Inverters may be installed and maintained on the
<br />Association Property rooftops of the Condominium Buildings (collectively, “Roof”) and Owners shall have
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