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HomeMy WebLinkAbout0710 • ':~'TICE 2E. V~'hen any party.hereto and/or the Associ.ation and/or its members desires to or is required to qive notice unto the other or others in connection with and accordinq to the terms of this Agreement, such notice shall be qiven to the Association, its members and the Mana.gement Firm ~ as provided in the L~eclaration. :~.FAULT 27. If the Association, its members or it:: L~~ard of Administra- : tion shall interfere with the Management Firm in the performance of its =>.SSCCIATIGN duties and exercise of its powers hereunder or if said Association, its NI~/CR members or Loard of Administration shall fail to promptly do any ~f the :TS thinqs required of it hereunder, the Manayement Firm, fifteen (15) day~ ~ ~'~/'FERS after having given written notice to said Association of said default by delivering said notice to any officer or agent of the Association or in their absence to any member of the said Associa,tion, may declare this Aqreemenk in default unless such default be cured by the Association within fifteen (15) days after su~h notice. U pon default, the Management Firm may, in addition to any other remedy given it by agreement or in law or equity, brinq an action against the said Association and/or its members for damages and/or specific performance and/or st~ch other rights or remedies as it may have and the said Association and its members shall be liable to the Manaqement Firm for reasonable attorney's fee~ and costs incurred thereby. All such riqht~ of the Mana,gement Firm, upon default, shall be cumulative and the exercise of one or more remedies shall not be deemed to exclude or con- stitute a waiver of any other or additional remedy. ~ AULT 28. Failure of the Management Firm to substantia.lly perform its IvIAN- duties and obligations under this Agreement for a continuous period of forty- ~ MENT ~ five (45) days after written notice of default from the A ssociation specifying :==R~ the default complained of, shall be grounds for ca.ncellation of this Aqreement - by the Association. _ T:~ ~MINA- 29. If the Associa.tion shall be termina.ted as is provided in the i .-=;=.~V CF . said L~eclaration, then each of the Unit Cwners of individual condominium ~ "'SCCIA TICN parcels shall thereby become tenants in common and shall each as to his ~ separa.te interest contiriue to be a party to this Agreement and bound by the E provisions hereof and the Manaqement Firm shall manage such interests ! pursuant to the provisions of this Agreement as the nature of ~uch interests ' and the eontext of this Agreement shall permit. F~r p~rposes of this pro- vision and upon s~ch event, the Unit Cwners of Interva.l Cwnerships in a parcel shall not be treated as tenants in common with ea~h other, but shall collectively as to their one condominium parcel be an owner of an individual condominium parcel for the purposes described in this p~.ragra.ph. . " RILITY 30. The Management Firm shall not be liable or responsible to - T~AN- the Associa.tion, its EoQ.rd of Administration or members, f~r its failure to ~,ENT carry out any of the rights, powers and duties of the Asso~iation and/or its ~ ~=P~ FCR Loard of Administration gra.nted under the By-Law~ of the Associa.tion (which ~_U RE TC riqhts and powers have, howeve r, been transfer~ed and granted unto the _-,:•"~RCLSE Mamgement Firm by the Association, its members and ~oard of Adminis- ~ :F'ERS tration). ~ ~ ~ ~ ~':j:'EF~ 31. The Mana.qement Firm shall have the right, in its sole ' ~ discretion, to suspend any Unit Cwner and/or auth~rized user of the facilities - ~ E~ from t he use o f suc h f a,c ~ li ties f or any i n f r a c t i o n o f a n y r u l e s a n d r e g u l a t i o n s ~ perta.ining to said facilities, for a period not to exceed thirty (30) days, for fa.ilure to abide by the 'rules and regulations as promulqa.ted from time to time for the use of such facilities, and, durinq said period ~f suspension, ' there shall be no reduction of the assessments due and payable from said - R• sc°TT Unit Cwner and/or authorized user. In the case of a pe.rcel committed to ~ ~ "'~°""`""T`"'" Interva:l C~vnership, any such suspension shall be limited to the Interval : Cwner and/or authorized user comrriitting the breach upon which said sus- ~ sruwwr, Roiuow ` f aa~~s _ , ~ ~ ~R f " ~ ~ MIi-9 d~uk ~i'9 ~ ~ _ _ . ~ ~ ~~_e~~~ _ . _ , _