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30 days of billing for the expenses. If the owner of Parcel B,C or D does not promptly pay its share,
<br /> Parcel A Owner may pay the full cost and then have an immediate right to reimbursement from the
<br /> owners of Parcel B, C and/or D together with interest at the rate of twelve percent(12 %) per year
<br /> on the unpaid amount and all reasonable attorney fees and other collection costs incurred by Parcel
<br /> A Owner. Repairs and maintenance shall be performed at such times and in such a manner as are
<br /> mutually agreeable to the parties. If the parties are unable to agree within 10 days of a written
<br /> request by one or the other on the need for the repair or maintenance, then the matter shall be
<br /> referred,upon any party's request, to arbitration.
<br /> 5. Indemnity. All parcel owners shall indemnify and defend the other parcel owners
<br /> and their officers,agents,and employees from all liability,suits,actions,claims,costs,damages,and
<br /> expenses of every kind and description, including court costs and legal fees, for claims of any
<br /> character, including liability and expenses in connection with the loss of life, personal injury, or
<br /> damage to property,brought because of any injuries or damages received or sustained by any person,
<br /> persons, or property on account of or arising out of the use of another owner's parcel or his agents,
<br /> contractors, subcontractors, invitees, or employees.
<br /> 6. Insurance. Each parcel owner shall maintain in effect at all times during the term
<br /> of this Agreement, a policy of general liability insurance to insure owner and each other owner
<br /> against injury to property,person, or loss of life arising out of all of the owners' use,occupancy,or
<br /> maintenance of the driveway with a minimum coverage amount of$250,000.
<br /> 7. Equal Rights of Use. The owners of parcels A, B, C and D shall have equal rights
<br /> of ingress and egress over the driveway and shall take no action to prevent the other party's
<br /> enjoyment of such rights. Driveway shall at all times be kept free and clear of any and all parked
<br /> vehicles or any other obstruction.
<br /> 8. Covenants Run with Land. All of the terms and conditions in this Agreement,
<br /> including the benefits and burdens, shall run with the land and shall be binding upon, inure to the
<br /> benefit of, and be enforceable by any owner and his or her respective successors and assigns. The
<br /> easement granted under Section 1 of this Agreement is an easement appurtenant to parcels A,B, C,
<br /> and D and may not be transferred separately from, or severed from, title to parcels A, B, C or D.
<br /> Furthermore, the benefits of the easements granted under this Agreement shall not be extended to
<br /> any properties other than Parcels A, B,C and D without the consent of all other parcel owners. The
<br /> specific parties named as owners of parcels A, B, C and D in this Agreement, and each of their
<br /> respective successors and assigns as fee simple owners of Parcels A,B,C and D,respectively,or any
<br /> portion of parcels A, B, C and D, shall cease to have further liability under this Agreement with
<br /> respect to facts or circumstances first arising after the party has transferred its fee simple interest in
<br /> his property,respectively,except,however,for obligations that accrued during the party's period of
<br /> ownership of title.
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