DECLARATION OF PRIVATE UTILITY and ACCESS EASEMENT - 2 <br /> <br />on their Parcel in good condition, with all work done in a good and workmanlike manner in <br />compliance with all applicable laws. <br /> <br />1.3 Self-Help. If the owner of the Parcel on which a portion of the Common <br />Sanitary Sewer is located fails to maintain, repair and replace the portion of the Common Sanitary <br />Sewer located on their Parcel, the owner of any other Parcel, upon reasonable advance written <br />notice to the non-performing party, shall have the right to perform or cause to have performed said <br />maintenance, repair or replacement and seek reimbursement as provided in Section 1.5 below. <br /> <br />1.4 Temporary Access. The performing party shall have a temporary non- <br />exclusive easement over a reasonable portion of the other Parcel to the extent necessary to access <br />the Common Sanitary Sewer for maintenance, repair or replacement. The performing party shall <br />promptly repair any and all damage arising from such access or work so that the area affected by <br />such access or work is restored to as good or better condition than it was immediately before such <br />access or work. <br /> <br />1.5 Reimbursement. The actual and reasonable cost of any maintenance, <br />repair and replacement of the Common Sanitary Sewer shall be shared by the owners of both <br />Parcels equally. The nonperforming parties shall reimburse the performing party within thirty (30) <br />days from receipt of a written request that includes copies of paid invoice(s) supporting the amount <br />requested. <br /> <br />3. Restriction. The owner of a Parcel shall not construct any structure in the Private <br />Utility and Access Easement Area or obstruct access to the Private Utility and Access Easement <br />Area for the purposes contemplated in this Agreement, except as temporarily necessary in the case <br />of an emergency. <br /> <br />4. Liens. At least three (3) days before commencing any work that may give rise to a <br />right to place a statutory lien on another owner’s Parcel, a performing party will give written notice <br />to the owner of the Parcel of the date on which any such work is to commence so that the owner <br />of the Parcel may post, at appropriate places, statutory notices of non-responsibility. The <br />performing party agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, <br />furnishings, machinery, or equipment that have been provided or ordered with the performing <br />party’s consent to another owner’s Parcel. If any lien is filed against another owner’s Parcel that <br />the performing party wishes to protest, then the performing party will immediately notify the <br />owner of the Parcel of the basis for its protest and must deposit cash with the owner of the Parcel, <br />or procure a bond acceptable to the owner of the Parcel, in an amount sufficient to cover the cost <br />of removing the lien from the Parcel. If the performing party fails to remove the lien or furnish <br />the cash or a bond acceptable to the owner of the Parcel within ten (10) days, the owner of the <br />Parcel will be entitled to satisfy the lien without further notice to the performing party, and the <br />performing party will immediately reimburse the owner of the Parcel for any sums so paid to <br />remove any such lien. <br /> <br />5. Indemnity. Each party indemnifies, defends and holds the other party harmless <br />from and against all claims and losses arising out of or resulting from the indemnifying party’s <br />use of the Easement Areas.