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HomeMy WebLinkAbout0709 ~ ' . period as specified in said sales contract, if any. 17. Should any dispute arise to the rights of any of tt-ie parties . under this Aqreement, including the powers, riqhts and duties of the parties and all of the terms and conditions of this Aqreement, and said dispute cannot be amicably settled and resolved between the parties, then any party , ~ shall have the riqht to submit the matter in controversy for arbitration to the . Court in and for the County where the Condominium is lo^ated and the decision ° of the said Judge shall be final. The Court shall have the riqht to assess costs and attorney's fees in such am~unts and against such parties as it deems ~fair _and proper under the circumstances. . -.i'aNFR CF 18. No wai~er of a breach of any of the ~ovenants, c~nditions or FA CH aqreements contained in this Agreement shall be construed to be a waiver of any succeedinq breach of the same. ~ T~'•~~' F' CF 19: Time is ~f the essence in every particular and especia.lly _ 1;. FNCE where the obliga,tion to pay money is inv~lved. PiFICA 20. No modification, release or discharge or waiver of any ~ T:CNS, . provision hereof sha12 be of any for~e, effect or va.lue uniess in writinq - ~'LEASES, siqned by the Qarties to this aqreement and/or their respective~heirs, t .~T~~`. IN successors or assigns. ITING - " `i ENA NTS 21. All covenants, promises, ~onditi~ns, rights and ~bligations `~:~II~lING herein contained or implied by law are coven~ants running with the ~and ~''~Tu described and submitted to cond~minium ownership (and Interval C~i~vnership? =~=`;L, in the L`eclara.tion which is incorporated in this Agreement and made a pa~t ~ hereof at all places herein designated or required, and the :.ame shall atta.ch to and be binding upon the Mar~qement Firm, its successors and assigns, andthe Associa.tion, its successors and a~signs, and the present and future Unit Cwners in the Associatfon and their heir~, personal . representatives, successors and~assiqn~. i , -'-:TIRE 22. This Agreement, toqether with the re~laration and other ~ EE- Exhibits, constitutes t(~e sole and entire agreement among the parties ~ ~'T~T hereto as of the c3~ay of execution hereof, and neither has been induced by ~ any other by any representations, promises or ~:nderstandingG not expressed herein; and there are no collateral agreements, stipul~tions, promises or ~ understandings wha.tsoever in any way relating t~ the subject matter of this ~ Aqreement or the instruments referred to herein. ~'~L~ITY 23. The invalidity in v~hole ~r in part of any covenant, promise, - -=j=~Y undertakinq, riqht or oblic~.tion, or any ~ections, subsections, senten~e, =<T NCT clause, phra.se or word or any provi~ion of this Agreement or the ~eclaration ~ ECTING and the other E~hibits sha.ll not affe~t the validity ~f the rema~ning portions -=~~?,~%A INING thereof or hereof. The pro~~isions of ~thi~ Agreement shall be par amount =={'?TS to the Condominium Act as to th~se provisi~r~ where permi~sive variances ~ INITICNS are permitted. Ctherwise,~ the provision~ of said Condom inium A ct shall MASTER prevail and shall be deemed incorporated herein. ~ - H L` & rECi ~ ?A TICN 24. The definitions of the words, terms, ph~-ases, etc., as ~ I~:L`ER, provided in the L~eclaration are incorporated herein by referen~e and made ~:~:~ULA R a part hereof and unless otherwi~e required, said definiti~n~ shall prevail. INCL~JL`E ~ RAL 25. The words "Asso~iation, ""member(s)", "Unit Cwner, and . "Interval Cwner, " wherEVer and~ whenever u~ed herein shall include the ~ R. ~n singular and plural thereof and the use of any ~ender shall include all genders uw wherever the same shall be appropriate. ~oo co~owwco wvr.MUi A~ sTUwx?. no~~ow ~K~4 ~ ~n-8 ,3ad,r ~ ':~~o ; , ' - - ~ . ~ ~ - - _ _ ~ _ ::.e _ ~