Continued Existence and Maintenance of Existing Stormwater Detention Facility Sample Clauses

Continued Existence and Maintenance of Existing Stormwater Detention Facility. Until the New Stormwater Detention Facility Completion Date, except as otherwise provided in the next sentence, no Owner shall perform any land-disturbing or other activities on the CFC Parcel that would reduce the capacity of the Existing Stormwater Detention Facility to provide, or prevent the Existing Stormwater Detention Facility from providing, the stormwater management capacity and BMP requirements for the Parcels presently served thereby. If the Existing Stormwater Detention Facility must be disturbed before the New Storm Water Detention Facility Completion Date, the Constructing Owner shall provide suitable alternative stormwater management facilities during the period of such disturbance that are approved by the Non-Constructing Owner, such approval not to be unreasonably withheld, delayed or conditioned. As provided in the POA Declaration, the Association shall maintain, the Existing Stormwater Detention Facility in a safe, operational and attractive manner with no significant reduction in capacity or function until the removal of such facility from the CFC Parcel and the construction of the New Stormwater Detention Facility and aesthetically in a condition commensurate with a first class office project in the Northern Virginia area. If the Association fails to maintain the New Stormwater Detention Facility as required above, the CFC Parcel Owner may, upon such notice, if any, to DTC and the Association as may be reasonable under the circumstances, undertake such work as is necessary to bring the Facility into compliance with the maintenance standards. The cost to the CFC Parcel Owner of performing such maintenance shall be paid by the Association within thirty (30) days after receipt of the CFC Parcel Owner’s written demand for payment, in reasonably itemized form, accompanied by reasonable documentation (such as bills or invoices from engineers, contractors and other Persons who provide labor or materials in connection with the work) substantiating the amount of the requested reimbursement.