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b. EBRPD shall be responsible for any necessary capital improvements to the EBRPD Trail. c. The cost of replacing the capital equipment, other than any necessary capital improvements to the EBRPD Trail, shall be paid by HBPOA. Valencia and Archstone acknowledge that HBPOA will pay for the necessary capital equipment from assessments collected from (i) Valencia, (ii) the owners of the Archstone Parcel, (iii) the owners of other property within Hacienda, pursuant to the Declaration, and (iv) other Non - member Affiliates that are responsible for such maintenance pursuant to their individual Non - member Agreements. The cost of replacing capital equipment within the Greenbelt shall be prorated, assessed, and billed per the terms and conditions set forth in the Declaration. 1.3 Failure to Maintain or Replace Capital Equipment. If Valencia, Archstone, or the City believe that (i) HBPOA has failed to properly maintain the Greenbelt in a manner consistent with Section 1.1 above, or (ii) HBPOA has failed to replace any of the capital equipment in a manner consistent with Section 1_2 above, any party to this Agreement may elect to either (x) deem the failure of HBPOA to properly maintain the Greenbelt of replace the capital equipment to be non - material in light of all of the circumstances, in which case no further action shall be required by HBPOA, or (y) the party may perform all or any portion of the maintenance or acquire and install the required capital equipment, provided prior to any action by the party, the following actions shall have been taken: a. The complaining party shall provide written notice of the failure to maintain the Greenbelt or provide for replacement of the capital equipment to HBPOA and the non - complaining parties. HBPOA shall have thirty (30) days from receipt of the written notice to (a) cure the situation, (b) deliver to the complaining party and the non - complaining parties written notice setting forth the reasoning for the Greenbelt not being maintained or the capital equipment not being replaced, and establishing a plan and timeline for curing the situation subject to any restrictions or regulations limiting or restricting HBPOA's ability to cure the situation, or (c) deliver to the complaining party and the non - complaining parties written notice stating that HBPOA does not agree with the alleged violation of Section 1.1 above or Section 1.2 above. b. Subject to any restrictions or regulations limiting or restricting HBPOA's ability to cure the situation, in the event HBPOA fails to maintain the Greenbelt or acquire and install the necessary capital equipment within the thirty (30) day cure period or any such longer timeframe set forth in the written plan established for maintenance of the Greenbelt or acquisition of the required capital equipment by HBPOA (which time period shall be reasonable) and the party elects to proceed with maintenance of the Greenbelt or acquisition and installation of the required capital equipment, the party's performance of such obligation shall be at HBPOA's sole expense and HBPOA, upon demand by theparty, shall pay to 4