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by Oeveioper and/or the Association in seeking such enforce- -
ment. -
3-, .Naiver~ It is understood and agreed by and between
the parties-hereto that no waiver of a breach of any of the -
. covenants, conditions, restrictions, and agreea~ents- herein
contained shall -be construed to be a waiver of any other breach -
of-the same, or other covenants, conditions, restrictions,~and -
agreements; nor shall-failure to enforce any one of such re-
. strictions, either by_forfeiture or otherwise, be contrued as
a waiver of any other restriction-or condition.
- 4. Notices.- Any notice required to be sent to any
member or Owner under the provi"signs of this Declaration shall
be deemed to have been properly sent when mailed, postpaid, to
-the last known address of the-person who appears as member or -
Owner on the records of--the Associati-on at the time of such
mailing. _
5. Attorney Fees and Costs. If any legal action is
brought against the Developer and/or the Tarpon Bay Villas
Homeowners Association by any Owner or-group of Owners, in-
divid~~ally Qr es a class and. if the Developer or the Asso- ~ -
ciation or both prevail, the Developer and/or Association
shall be entitled to reasonable attorneys fee-s and costs
- expended. as a result of the. 1e9a1 actiop. If no legal action
is brought but the Developer and/or the Association is caused
to. incur attorneys fees. and other costs as -a result of actions
of any of the above and the Developer and/or the Association -
prevails, the Developer-and/or the Association shall be en-_ -
ti tied to reimbursement for reasonable attorneys fees and ~ -
other costs that were incurred. - -
6. Invalidity and Severability. If any covenant,
co.ndiction or restriction hereinabove contained, or any
portion thereof is found to be invalid or void by judgment '
of court order, such invalidity shall in no way affect-any other--
- covenants, conditions-and restrictions which shall remain in
-full force and effect.
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