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<br />employed at the option of the Association, and the failure to employ any of such remedies upon any
<br />occurrence giving rise to such remedies shall not be a waiver of the right to employ such remedies in
<br />connection with any other occurrence.
<br />(b) Emergency Maintenance. If the Association determines that such
<br />deficiency constitutes an Emergency which requires action prior to the expiration of any cure period, the
<br />Association may take the actions provided for in this Section without a Notice of Deficiency being given in
<br />advance of taking such action, provided that as soon as reasonably practicable after taking the Emergency
<br />action the Association gives a Notice of Deficiency (without providing a cure period) to the Non-Maintaining
<br />Owner.
<br />(c) Reimbursement of Association. If the Association elects to perform
<br />a Non-Maintaining Owner’s Maintenance Obligations, whether by use of its own employees and equipment
<br />or by contract with a third party, the entire cost of accomplishing such maintenance shall be an obligation
<br />of the applicable Non-Maintaining Owner and shall be reimbursed by the Non-Maintaining Owner to the
<br />Association with interest at the Interest Rate within fifteen (15) days after receipt of a statement therefor. If
<br />such amounts are not reimbursed when due, the Association may levy a Compliance Assessment.
<br />7.4 Duty to Protect Against Mechanics’ Liens. In performing their Maintenance Obligations,
<br />and in connection with any other Improvements, the Association and any Owner (for the purposes of this
<br />Section, the “Contracting Party,” as applicable) shall each promptly pay all costs, expenses, liabilities and
<br />liens arising out of or in any way connected with contracts for any service, labor or materials provided or
<br />supplied to the Property or the construction of any Improvements authorized or undertaken by the
<br />Contracting Party. A Contracting Party shall not cause or permit any mechanic’s lien to be filed against the
<br />Community for labor or materials alleged to have been furnished or delivered to the Community by the
<br />Contracting Party. If any Contracting Party causes or permits a lien to be filed, such Contracting Party
<br />shall: (a) immediately either cause the lien to be discharged within ten (10) days after notice to such
<br />responsible party by the Contracting Party, or post a bond which protects the title of the affected Contracting
<br />Party to their Property; and (b) indemnify, protect, defend and hold harmless the other Owners and/or the
<br />Association, as applicable, from any loss, damage, liability, expense or claims whatsoever by reason of any
<br />expenses incurred in connection therewith, including, without limitation, reasonable attorneys’ fees and
<br />costs of defending against the foregoing claims incurred by the Association and/or another Owner and any
<br />costs of enforcing this indemnity prior to the defense thereof by the Contracting Party.
<br />7.5 Liability to Declarant. So long as Declarant has any obligation or liability under any
<br />permits issued by Governmental Entities, if an Owner or the Association is not in compliance with the
<br />provisions of this Article and as a result, Declarant may incur any liability, Declarant shall have the right but
<br />not the obligation to enter upon the applicable portion of the Community to correct such violation. If the
<br />Association or an Owner violates the requirements of this Article, the Association or Owner shall indemnify,
<br />protect, defend and hold Declarant, and its officers, directors, successors and assigns entirely free and
<br />harmless from and against any liabilities, penalties, costs, expenses and actions, including, without
<br />limitation, attorneys’ fees and costs arising from or attributed to a violation of the provisions of this Article
<br />and shall, within fifteen (15) days after request from Declarant, reimburse Declarant for any costs and
<br />expenses it incurred as a result of a violation of this Article by the Association or Owner.
<br />7.6 Inspection of the Community. The Association shall regularly inspect all major
<br />components of the Association Property at least once each year. One of the primary purposes of the
<br />inspection shall be to determine how to extend the life of Association Property Improvements and to prevent
<br />damage to such Improvements resulting from the Association’s neglect or the failure to properly and
<br />adequately maintain. The Association shall keep appropriate records to document that it has performed all
<br />inspections and maintained all Improvements in compliance with the Association Maintenance Manual and
<br />this Declaration. For a period of ten (10) years after the date of the last close of escrow of a Condominium
<br />in the Community, Declarant shall have the right, but not the obligation, to inspect the Association Property
<br />on a periodic basis, at least once each year, to determine whether any repair to or routine maintenance of
<br />the Association Property is needed. Such inspection by Declarant shall be in addition to, not in place of,
<br />the inspections required of the Association in this Declaration. Nothing herein shall create an obligation of
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