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<br />C. SUBJECT TO THE PROVISIONS OF PARAGRAPH D. BELOW, EACH OWNER
<br />("INDEMNITOR") COVENANTS TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE DEVELOPER,
<br />BOARD AND EACH OTHER OWNER ("INDEMNITEE") FROM AND AGAINST ALL CLAIMS, COSTS,
<br />EXPENSES AND LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED IN
<br />CONNECTION WITH (I) ALL DAMAGES AND CLAIMS, INCLUDING ANY ACTION OR PROCEEDING
<br />BROUGHT, ARISING FROM OR AS A RESULT OF THE DEATH OR INJURY OF ANY PERSON, OR
<br />DAMAGE TO THE PROPERTY OF ANY PERSON OR ENTITY, WHICH SHALL OCCUR ON THE TRACT
<br />OWNED BY EACH INDEMNITOR, EXCEPT FOR CLAIMS CAUSED BYTHE GROSS NEGLIGENCE OR
<br />WILLFULACT OR OMISSION OF THE INDEMNITEE, ITS LICENSEES, CONCESSIONAIRES, AGENTS,
<br />SERVANTS OR EMPLOYEES, OR THEAGENTS, SERVANTS OR EMPLOYEES OF ANY LICENSEE OR
<br />CONCESSIONAIRE WHEREVER THE SAME MAY OCCUR; AND (II) ALL DAMAGES AND CLAIMS
<br />ARISING FROM OR AS A RESULT OF THE DEATH OR INJURY OF ANY PERSON, OR DAMAGE TO
<br />THE PROPERTY OF ANY PERSON OR ENTITY WHICH OCCUR ON ANOTHER OWNER'S PROPERTY
<br />AS A RESULT OF THE NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OF THE INDEMNITOR.
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<br />D. Notwithstanding anything contained in this Declaration to the contrary, each Owner ("Injured
<br />Owner") hereby waives any and all rights of recovery, claims, actions or cause of actions against another
<br />Owner, Developer and the Association and such other Owner's, Developer's and the Association's agents,
<br />servants, partners, shareholders, directors, trustees, officers or employees (collectively, the "Injuring
<br />Owner") for any loss or damage that may occur upon the Injured Owner's property or to any personal
<br />property of such Injured Owner by reason offire, the elements or any other cause which is insured against
<br />(or could be insured against) by the terms of policies maintained by the Injured Owner or policies required
<br />to be maintained by Injured Owner pursuant to the terms of this Declaration, including the negligence ofthe
<br />Injuring Owner, its agents, officers, partners, shareholders, directors, trustees, servants or employees and
<br />no insurer shall have any right of subrogation or assignment against such Injuring Owner.
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<br />E. The insurance coverages described in Paragraphs A. and B. above may be carried under a
<br />policy or policies covering other liabilities, properties and locations of an Owner of the Tract subject to this
<br />Declaration or a subsidiary or affiliate or controlling corporation of such Owner. Each insurance policy or
<br />policies shall contain a provision that such policy may not be cancelled without a thirty (30) day written prior
<br />notice by the insurer to Developer and the Association.
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<br />F. In the event of a casualty loss to any Improvements, the affected Owner shall either
<br />(i) within a commercially reasonable time, not to exceed ninety (90) days after the occurrence of the
<br />casualty loss, commence to repair all exterior and structural portions of such Improvements to the condition
<br />which existed immediately prior to such damage or destruction or to such other condition approved by the
<br />Board, and complete the repair or restoration within one hundred eighty (180) days after the occurrence of
<br />the casualty loss, subject to Force Majeure delays or (ii) within a commercially reasonable time, not to
<br />exceed ninety (90) days after the occurrence of the casualty loss, demolish and remove its damaged
<br />Improvements leaving a graded and landscaped and/or seeded area. In the event of any such casualty
<br />loss or destruction, each Owner shall as soon as possible repair any common utility lines located upon its
<br />Tract which service another Owner's Tract. Any Owner that does not elect to repair or reconstruct after a
<br />casualty loss shall be entitled to retain all its insurance proceeds in connection with such casualty loss
<br />provided that such Owner demolishes and removes the damaged Improvements; otherwise, the insurance
<br />proceeds to cover the costs and expenses of demolishing and removing all damaged Improvements on its
<br />Tract shall belong to and be paid to the Association.
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<br />H-Declaration of Protective Covenants and Easements.DOC 9
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