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<br />6.
<br />
<br />ENVIRONMENTAL REMEDIATION
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<br />Each Owner ("First Owner") agrees to indemnify, defend and hold harmless each of the other
<br />Owners ("Other Owners") from and against any costs, fees or expenses (including, without limitation,
<br />environmental assessment, investigation and environmental remediation expenses, third party claims and
<br />environmental impairment expenses) incurred by any of the Other Owners in connection with First Owner's
<br />generation, storage, transportation, treatment or disposal of Hazardous Substances at, to or from the
<br />portion of the Subject Property owned by the First Owner, including, but not limited to, Other Owners' costs
<br />in connection with monitoring such compliance. "Hazardous Substances," as used in this Article 71 means
<br />(a) any "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
<br />~6901 et sea), as amended from time to time, and regulations promulgated there under; (b) any
<br />"hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and
<br />Liability Act of 1980 (42 U.S.C. ~9601 et sea), as amended from time to time, and regulations promulgated
<br />there under; (c) any oil, petroleum products, and their by-products; (d) any substance the presence of
<br />which on the portion of the Subject Property, (including, without limitation, in the soil, air, structures and
<br />surface and sub-surface waters) owned by the First Owner is prohibited, regulated or restricted by any law
<br />or regulation similar to those set forth in this definition, and (e) any other substance which by law or
<br />regulation requires special handling in its collection, generation, storage, transportation, treatment or
<br />disposal.
<br />
<br />7.
<br />
<br />ENFORCEMENT
<br />
<br />Any notice to the Developer or Board, as applicable, or request for approval by the Developer or
<br />Board, as applicable, shall be made to the Developer or Board, as applicable, in writing, and shall be sent
<br />to the Developer or Board, as applicable, by certified or registered mail, postage prepaid, addressed to the
<br />then current address of such entities as announced from time to time. Initially, the address of the
<br />Developer is: Port Crossing, 3330 S. Sam Houston Parkway E., Houston, Texas 77047, Attention:
<br />Russell D. Plank. If any request for approval of a variance or exception to the restrictions provided herein,
<br />subject to compliance with all applicable laws, regulations, and ordinances of the City of La Porte or
<br />approval of any proposed action by an Owner is required to be made by the Developer or Board, as
<br />applicable, the Developer or Board, as applicable, shall, within thirty (30) days after the request is made,
<br />give the person making the request, at such person's address as shown in the request, written notification
<br />either of the approval by the Developer or Board, as applicable, or of its rejection of the request, with a
<br />specification of the reasons for such rejection. If the Developer or Board, as applicable, fails to give to the
<br />person requesting such approval notification of rejection within such 30-day period as provided for above,
<br />the Developer or Board, as applicable, shall be conclusively deemed to have given its approval with regard
<br />to the request made. Any approval or rejection given by the Developer or Board, as applicable, shall be in
<br />writing, and shall be signed by the Developer, or Board, as applicable, and any written approval, rejection
<br />or other communication by the Developer or Board, as applicable, may be relied upon, as the act of the
<br />Developer or Board, as applicable, by the person receiving such approval, rejection or other
<br />communication.
<br />
<br />The Developer, including any successor owner of a substantial portion of the Subject Property
<br />succeeding the Developer as a developer of the Subject Property, any Owner and the Association
<br />(collectively, the "Principal Beneficiaries") shall have the right to enforce the restrictive covenants set forth
<br />in this Declaration against any person or persons violating or attempting to violate this Declaration. No
<br />tenant, lessee or occupant of any portion of the Subject Property and no customer or invitee of any such
<br />tenants, lessee or occupant and no other party whomsoever (other than a Principal Beneficiary, as
<br />aforesaid) shall have any rights to enforce any provision of this Declaration. In the event of a violation or
<br />attempted or threatened violation of any provision of this Declaration, in addition to all other rights and
<br />remedies available at law or in equity, a Principal Beneficiary shall be entitled to obtain restraining orders
<br />and injunctions (temporary and permanent) enjoining and prohibiting such violation, attempted or
<br />threatened violation and commanding compliance with the provisions of this Declaration, without the
<br />necessity of posting a bond.
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<br />H-Declaration of Protective Covenants and Easements.DOC 10
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