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201807442
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Last modified
12/9/2019 6:31:29 PM
Creation date
11/14/2018 4:01:48 PM
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DEEDS
Inst Number
201807442
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201807442 <br />or the Declarant or Designated Builder; and (i) an affirmative statement from the Board that the <br />action is in the best interests of the Association and its Members. <br />11.3 Approval of Litigation. <br />The Association shall not deliver a Claim Notice to any Bound Party; commence any <br />legal action, mediation, or arbitration proceeding against any Bound Party; or incur any expenses <br />in connection with any Claim (including without limitation attorneys' fees) without prior <br />approval of the Board. In the event that the Association commences any legal action or <br />arbitration proceeding involving a Claim, all Owners must notify prospective Purchasers of such <br />legal action or arbitration proceeding and must provide such prospective Purchasers with a copy <br />of the Claim Notice received from the Association. <br />11.4 Right to Enter, Inspect, Repair, and/or Replace. <br />Within a reasonable time after the receipt by the Declarant or a Designated Builder of a <br />Claim Notice, the Declarant or Designated Builder shall have the right, upon reasonable notice to <br />Claimant and during normal business hours, to enter onto or into the Common Area or any Lot <br />for the purposes of inspecting and/or testing to determine the validity of the Claim and, if <br />deemed necessary by the Declarant or Designed Builder, to correct, repair, and/or replace the <br />alleged deficiency in the planning, design, engineering, grading, construction, or development of <br />the Common Area or any Lot that is the basis for the Claim (the "Alleged Defect"). In <br />conducting such inspection, testing, repairs, and/or replacement, the Declarant or Designated <br />Builder shall be entitled to take any actions as it shall deem reasonable and necessary under the <br />circumstances. <br />Nothing set forth in this Section shall be construed to impose any obligation on the <br />Declarant or a Designed Builder to inspect, test, repair, or replace any item or Alleged Defect for <br />which the Declarant or a Designated Builder is not otherwise obligated under applicable law or <br />any limited warranty provided by the Declarant or Designated Builder in connection with the <br />sale of the Lots. The right of the Declarant and the Designated Builders to enter, inspect, test, <br />repair, and/or replace reserved hereby shall be irrevocable and may not be waived or otherwise <br />terminated except by a writing executed and Recorded by the Declarant or Designated Builder. <br />In no event shall any statute of limitations be tolled during the period in which the Declarant or <br />Designated Builder conducts any inspection or testing of any Alleged Defects. <br />11.5 Mediation. <br />If the Claimant and Respondent do not resolve the Claim through negotiation within <br />thirty (30) days after the date of the Claim Notice or within such longer period as may be agreed <br />upon by the Claimant and Respondent ("Termination of Negotiations"), Claimant shall have an <br />thirty (30) additional days within which to submit the Claim to mediation by an independent <br />mediation service agreed upon by the Claimant and Respondent. <br />If Claimant does not submit the Claim to mediation within thirty (30) days after <br />Termination of Negotiations, Claimant shall be deemed to have waived the Claim, and <br />Respondent shall be released and discharged from any and all liability to Claimant on account of <br />such Claim. <br />Page 53 of 67 <br />
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