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<br />4.
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<br />MAINTENANCE OF PROPERTY
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<br />The Owner or lessees of any portion of the Subject Property shall have the duty of and
<br />responsibility for keeping their respective Tract and landscaping, vegetation, premises, Improvements and
<br />appurtenances, in a well-maintained, safe, clean, sanitary and attractive condition at all times, in
<br />compliance with all applicable regulations of governmental agencies having jurisdiction over health,
<br />environment, safety and pollution control. No refuse or waste materials shall be permitted to accumulate
<br />on any part of the Subject Property but shall be regularly collected and disposed of. If, in the opinion of
<br />the Developer, any such Owner or lessee is failing in this duty and responsibility, then Developer may give
<br />such Owner or lessee, or both, written notice of such fact, and such Owner or lessee must, within ten (10)
<br />days of such notice, undertake the care and maintenance reasonably necessary to restore such Owner's
<br />or lessee's property to a safe, clean and attractive condition. Should any such Owner or lessee fail to
<br />fulfill this duty and responsibility after such notice, then the Developer shall have the right and power to
<br />perform, or have performed, such care and maintenance, including, without limitation, the mowing of any
<br />vacant Tract, and the Owner and lessee (and/or both of them) of the Tract on which such work is
<br />performed by the Developer shall be liable for the cost of any such work and shall promptly reimburse the
<br />Developer for the cost thereof. If such Owner or lessee shall fail to so reimburse the Developer within
<br />thirty (30) days after being billed therefore, then said cost shall be a debt of such owner or lessee (and
<br />both or them), payable to the Developer, and shall be secured by the same lien that secures the payment
<br />of "Assessments" (hereafter defined), which lien shall be subordinate to any now existing or hereafter
<br />created valid liens securing purchase money, the cost of construction or permanent financing therefore, or
<br />any renewal or extension of such liens. From and after the Transfer Date, the Association automatically
<br />shall have the authority reserved to the Developer in this Article 4 to cure any default of an Owner or
<br />lessee. The Developer may delegate such right to cure any default of the Owner or Lessee to the
<br />Association prior to the Transfer Date.
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<br />The Developer and Port Crossing Association hereby agree to maintain all drainage and detention
<br />areas within the development.
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<br />5.
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<br />INSURANCE. INDEMNITY AND CASUALTY LOSS
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<br />A. Each Owner, with respect to its Tract, including the Improvements and any operations
<br />thereon, shall maintain at all times during the term of this Declaration, commercial general liability
<br />insurance (including contractual liability insurance) with combined single limit coverage for personal injury,
<br />bodily injury or death or property damage or destruction (including loss or the use thereof) in the amount
<br />of not less than Three Million Dollars ($3,000,000), (which coverage may be in the form of combined
<br />single limit coverage, with an aggregate, or a combination of combined single limit coverage with umbrella
<br />coverage), provided further that the amount of such coverage is consistent with industry standard for
<br />similar buildings and the cost thereof is not financially prohibitive. Additionally, the Board shall have the
<br />right to require an increase in the aggregate limit of such liability insurance if it becomes industry standard
<br />to provide increased amounts of coverage. Such insurance shall be maintained in reputable, financially
<br />responsible insurance companies, licensed to do business in Texas, and each Owner shall furnish to the
<br />Board upon request a certificate or copy of its respective insurance policy conforming with the provisions
<br />hereof. The Developer and Board shall be named as an additional insured under each Owner's
<br />commercial general liability insurance policy, and such coverage shall be primary to any coverage
<br />maintained by the Developer and/or the Board.
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<br />B. Each Owner shall maintain, at its cost, property damage insurance covering the full
<br />replacement value of all Improvements located on their respective Tract, insuring againstthe perils of fire,
<br />lightning, extended coverage vandalism and malicious mischief, and flood insurance (if available) from
<br />time to time. Such insurance shall be maintained in a reputable, financially responsible insurance
<br />company, and the Owners shall furnish to any other Owner upon request a certificate or copy of its policy
<br />of insurance conforming to the foregoing provisions.
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<br />H-Final Version of Declaration of Protective Covenants and Easements(620880_ 4).DOC 8
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