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i~ <br />boundaries of owner's Parcel and must not utilize or rely on any Party Wall for any structural or <br />non-structural purpose. For purposes of this Agreement; "substantially damaged" means damage <br />for which the reasonable, estimated cost of repair or restoration exceeds fifty percent of the <br />assessed value of the improvements located on a Parcel, as determined by the Sherburne County <br />Assessor and stated on the most current tax statement for the Parcel. If the owner of a Parcel <br />demolishes the building located on the ov~ner's Parcel or the building is substantially damaged <br />by fire or other casualty and, as a result thereof, the easements appurtenant to that Parcel under <br />Sections 1 and 2 are terminated pursuant to the first sentence of this Section 3, the easements <br />described in Sections 1 and 2 shall thereafter be deemed to be exclusive easements in favor of <br />the owner of the other Parcel and appurtenant to the other Paxcel, and Party Wall shall thereafter <br />be deemed to be Separate Wall for purposes of Sections 4, 5, 6, and 7. <br />Section 4. Repair and Maintenance of Separate Walls. Subject to Section 7 below, <br />each Party is solely responsible for all costs and expenses associated with the repair and <br />maintenance of any Separate Walls the Party owns. <br />Section 5. Repair and Maintenance of Party Wall. Subject to Section 7 below, each <br />Party is responsible for one-half of the cost of all reasonable maintenance and repair to any Party <br />Wall. If the Parties are unable to agree upon the nature and extent of the necessary maintenance <br />or repairs to any Party Wall, the Parties must arbitrate the dispute pursuant to Section 4 of Article <br />IL <br />Section 6. Demolition of BuildinQS. Either Party may demolish the building located <br />on its Parcel, including any Separate Walls that are a part of its building. <br />Section 7. Damage to and Repair of Common Walls and Weatherproofing. Neither <br />Party may damage, demolish or remove any Party Wall or any portion of the other Party's <br />i9~si~i~z 4 <br />