Phase Requirements. 13.10.1. Each Phase, after the first Phase constructed; (a) will share a boundary with a previous Phase; and (b) will be accessible by road and service conduits that pass through one or more Phases and may share in the use of the Common Facilities (including infrastructure) in such Phases. 13.10.2. The Lessor, at its option exercised by notice given to the Lessee, the Homeowners Corporation and any Mortgagee will have access over such road and service conduits referenced in subsection 13.10.1, may use such Common Facilities (including infrastructure) and may grant rights in respect thereof to other parties having an interest in the Remainder Lands, in the case of any of the actions contemplated in sections 20.9 or 20.10, for purposes of any development to be carried out on the Remainder Lands. 13.10.3. The lessees, sublessees and Occupiers of the Remainder Lands will share in the costs of operating, maintaining, repairing and replacing such Common Facilities. If the Remainder Lands are developed substantially in the manner contemplated by the Development Plan, the sharing of such costs will be determined on a pro rata basis based on the number of Units constructed on the Remainder Lands and the number of Units constructed on the entire Premises. If the Remainder Lands are not developed substantially in the manner contemplated by the Development Plan, sharing of such costs shall be on a fair and equitable basis, based on the use of such Common Facilities. Any dispute over the sharing of such costs may be referred for dispute resolution in accordance with article 26.
Appears in 2 contracts