Common use of Right to Construct Clause in Contracts

Right to Construct. Each Builder hereby agrees and acknowledges that certain portions of each Builder’s Lots may share a Party Wall with the Lots of another Builder. Any Builder (the “Constructing Builder”) that first commences construction on a portion of the Builder’s Lots requiring the construction and installation of a Party Wall (commencement of construction being the commencement of grading) shall be responsible for causing the construction and installation of the Party Wall. The Constructing Builder shall cooperate and coordinate with any adjacent property owner(s) (the “Non-Constructing Builder”) in order to avoid any interference with any of the Non-Constructing Builder’s construction and installation of Improvements upon its Lots. The Constructing Builder shall complete the construction and installation of any Party Wall in a timely manner. If the Constructing Builder fails to timely construct and install the Party Wall in accordance with the terms of this subsection (A), including, but not limited to, receipt of the lien waivers required by subsection (C) below, then the Non-Constructing Builder shall have the right to complete such construction and pay any outstanding costs to release any liens. The Non-Constructing Builder hereby grants to the Constructing Builder a temporary nonexclusive easement over, across, in, under, and through those portions of the Non-Constructing Builder’s Lots that are not planned or utilized for the construction of buildings, structures, or other Improvements for the purpose of constructing the Party Wall. The easement may not be exercised or used in any fashion that would unreasonably interfere with or impact the Non-Constructing Builder’s development of its Lots. The easement with respect to any Lot shall automatically expire upon the sale of such Lot, together with a Residential Unit thereon, to a Purchaser.

Right to Construct. Each Builder hereby agrees and acknowledges that certain portions of each Builder’s Lots may share a Party Wall with the Lots of another Builder. Any Builder (the “Constructing Builder”) that first commences construction on a portion of the Builder’s Lots requiring the construction and installation of a Party Wall (commencement of construction being the commencement of grading) shall be responsible for causing the construction and installation of the Party Wall. The Constructing Builder shall cooperate and coordinate with any adjacent property owner(s) (the “Non-Constructing Builder”) in order to avoid any interference with any of the Non-Constructing Builder’s construction and installation of Improvements upon its Lots. The Constructing Builder shall complete the construction and installation of any Party Wall in a timely manner. If the Constructing Builder fails to timely construct and install the Party Wall in accordance with the terms of this subsection (A), including, but not limited to, receipt of the lien waivers required by subsection (C) below, then the Non-Non- Constructing Builder shall have the right to complete such construction and pay any outstanding costs to release any liens. The Non-Constructing Builder hereby grants to the Constructing Builder a temporary nonexclusive easement over, across, in, under, and through those portions of the Non-Non- Constructing Builder’s Lots that are not planned or utilized for the construction of buildings, structures, or other Improvements for the purpose of constructing the Party Wall. The easement may not be exercised or used in any fashion that would unreasonably interfere with or impact the Non-Constructing Builder’s development of its Lots. The easement with respect to any Lot shall automatically expire upon the sale of such Lot, together with a Residential Unit thereon, to a Purchaser.