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or customers or' other invitees of the owner or <br /> occupant; and <br /> (xi) all areas of Lots not used as a building site, <br /> parking lot or area, or sidewalk or other walkways, <br /> shall be seeded in grass and mowed not less <br /> frequently than every three (3) weeks during the <br /> months of April through October; provided, however, <br /> that the foregoing requirement shall not apply to <br /> Lots held by the Developer for resale. <br /> 3 . General Provisions. The ownership, use and development <br /> of the Lots, and each of them, and construction of all improvements <br /> thereon, shall be subject to the following general provisions: <br /> (a) Developer's Discretion; Considerations in Granting <br /> Approvals. For as long as the Developer has title to or any <br /> interest in the Lots, or any of them, the Developer shall have <br /> the power and authority, exercisable in its sole discretion, <br /> to authorize and allow an owner to own, use and develop a Lot, <br /> and construct improvements thereon, in a manner other than as <br /> required or prescribed by these Covenants and Restrictions. <br /> This Paragraph 3 (a) shall not apply to the Zoning Restrictions <br /> set forth in Paragraph 1. <br /> In deciding whether or not to grant Architectural <br /> Approval or to grant any other approval required of the <br /> Developer hereunder, the Developer shall be entitled (but not <br /> required) to take into consideration the following factors as <br /> may be appropriate: <br /> (i) the effect, if any, the granting of such approval <br /> may have on the development and use, or proposed or <br /> expected development and use, of any other Lot; and <br /> (ii) whether or not any proposed building or structure <br /> is of such quality of construction, design and size <br /> so as to be in harmony with and not detrimental to <br /> other buildings and structures constructed on other <br /> Lots, or to be constructed on other Lots. <br /> (b) Amendment by Owners. These Covenants and <br /> Restrictions may be amended at any time by an instrument duly <br /> executed and in recordable form by those owners who own (as <br /> land contract vendees or in fee simple absolute) not fewer <br /> than ten (10) Lots. For as long as the Developer has title to <br /> or any interest in the Lots, or any of them, no such amendment <br /> shall be effective unless approved by the Developer, which <br /> approval may be withheld in its sole, absolute and <br /> unrestricted discretion. This Paragraph 3 (b) shall not apply <br /> to the Zoning Restrictions set forth in Paragraph 1. <br /> -7- <br />