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4924-8886-8988, v. 12
occupancy of the Property or any improvements thereon including the
Commercial Facilities.
Coal shall not be used for heating or developing fuel or for any other
operation on the Property, provided, however, Developer shall not be
responsible or liable for the use of coal by third-party suppliers of any
utilities to the Property.
Any land area within the Property not occupied by structures, hard surfacing
or vehicular driveways, shall be kept planted with grass, trees and plants,
shrubbery, or other reasonable ground covering, and maintained in a healthy
condition and neat appearance. If Developer defaults in such planting or
maintenance obligation in any material respect, and fails to cure such
default in all material respects within thirty (30) days after receiving in
writing a notice of default, then the Parties agree that the necessary planting
and work may be done by EDA, with EDA鈥檚 actual and reasonable third-
party, out of pocket expenses to be reimbursed by Developer, from time to
time and in keeping with this covenant.
Developer agrees that the Property and the Commercial Facilities will be
maintained in a sound condition and neat appearance. Necessary repairs,
maintenance and upkeep will be performed so as to preserve the attractive
appearance, the physical integrity and the sanitary and safe condition of the
buildings. If Developer defaults in such repair, maintenance or upkeep
obligation in any material respect, and fails to cure such default in all
material respects within thirty (30) days after receiving in writing a notice
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