Common use of Delegation of Rights and Obligations Clause in Contracts

Delegation of Rights and Obligations. Commencing on the date first written above, Association hereby agrees to temporarily delegate its rights and obligations pertaining to the Altered Area, including but not limited to the maintenance and cost of maintenance in such Altered Area, as set forth in the Declaration, to Owner. Upon the Effective Date of this Agreement, Association shall temporarily delegate and Owner shall assume the Association’s rights and obligations pertaining to the Altered Area, which shall include the following obligations: a. Owner shall be solely responsible for the maintenance, repair, replacement and removal of any and all structures, additions, or elements developed, built or placed in the Altered Area, which must conform with the standard of maintenance practiced by the Association on the common element and shall be done periodically and in a timely fashion to ensure such conformity; provided that Association shall have the right to periodically inspect the Altered Area and all improvements, structures, additions and elements on or at the Altered Area; b. Owner shall be solely responsible for all costs and expenses relating to or arising from Owner’s use of the Altered Area, including any and all damages to any units, limited common elements or common elements at the Project; c. Owner shall be solely responsible for obtaining the necessary permits and for paying the necessary fees for such permits as required by the laws of the State of Hawaii or the County of Maui; and d. Owner shall observe, comply and perform all laws, ordinances, rules and regulations, now or hereafter made by any governmental authority applicable to the exercise of Owner’s reserved rights described hereinabove. The Association, in its sole and absolute discretion, shall have the right to withdraw its temporary delegation to the Owner of the rights and responsibilities set forth in this Section and reassume such rights and responsibilities as to such Altered Area as set forth in the Declaration upon ten (10) calendar days’ notice to the Owner.