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on account of any action or failure to act by any Master Association Party, provided only that the Master
<br />Association Party has acted in good faith in accordance with the actual knowledge possessed by such
<br />person.
<br />3.10. Indemnification. The Master Association shall indemnify every Master Association Party
<br />against all expenses, including counsel fees, reasonably incurred in connection with any action, suit, or
<br />other proceeding (including settlement of any suit or proceeding, if approved by the Board) to which the
<br />Master Association Party may be a party by reason of acting within their official capacity. Any right to
<br />indemnification provided for herein shall not be exclusive of any other rights to which any present or former
<br />officer, director, or committee member may be entitled. The Master Association shall, as an expense subject
<br />to General Assessments under Section 6.2, maintain adequate officers' and directors' liability insurance to
<br />fund this obligation.
<br />4. MAINTENANCE AND INSURANCE
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<br />4 1.1. Maintenance. The Master Association shall be responsible for the maintenance,
<br />repair, restoration, replacement, and improvement of the Common Maintenance Area (including any
<br />utilities thereon, to the extent not maintained by governmental authorities or public or private utility
<br />companies) m good order and condition. In addition, the Master Association may undertake, upon direction
<br />of the Declarant or the Board (either of which may act in its sole discretion to direct and require the Master
<br />Association to do so), the maintenance, repair, and replacement of the following Common Maintenance
<br />Areas: (i) public parks and greenways within the vicm'ty of the Property (n) private streets and private
<br />pedestrian easements within the Property; (in) playas (iv) parking lots and (v) any other area determined
<br />by the Declarant or the Board to be necessary, desirable or appropriate or otherwise in the interest of the
<br />Master Association to maintain, as determined by the Declarant o1 the Board m its sole discretion. The
<br />Master Association's responsibihties shall include, but shall not be limited to, the cleaning, repaving and
<br />replacing of any paved areas included m the Common Maintenance Area (including any private streets and
<br />adjoining sidewalks forming part of any platted tract within the Common Area, but excluding any public
<br />streets and sidewalks that are maintained by the City of Everett unless required by the City of Everett or, if
<br />not required, if approved by at least 50% of the voting power of the Master Association.), landscape
<br />maintenance, replacement and repair of or to landscaped areas included in the Common Maintenance Area,
<br />the repair, repainting, re -staining and replacing of an benches, lights and light posts, planters, fences,
<br />irrigation systems, utility systems, methane systems, works of art, and other Improvements located within
<br />the Common Maintenance Area. The Master Association may (or at the direction of the Declarant or the
<br />Board shall) enter into shared maintenance agreements with other parties, including the City of I-verett, if
<br />necessary or desirable foi Common Maintenance Areas. The Master Association Board may, with the
<br />consent of the effected Member allocate certain maintenance and repair obligations to a specific Member,
<br />in which case the Board shall, if applicable, equitably adjust applicable assessments for said Lot to reflect
<br />the reduced Master Association expense associated with said allocation. The Master Association shall enter
<br />into any shared maintenance agreement(s) requested by the Declarant or required by law Further, the
<br />Master Association may perform any of the maintenance oblations or rights described in this Section 4.1
<br />with respect to Common Areas or portions of the Property under its exclusive control.
<br />4.2. Master Association Insurance. The Master Association shall obtain, and maintain in effect,
<br />general commercial liability and property damage insurance with respect to the Common Area in such
<br />amounts and m such forms as the Board deems advisable to provide adequate protection for bodily injury,
<br />including deaths of persons, and property damage, whether caused by the negligence of the Master
<br />Association or otherwise Additionally, the Master Association shall obtain, and maintain in effect, fire
<br />and extended coverage casualty insurance, including coverage for vandalism and malicious mischief, with
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