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201807442 construction unless, within sixty (60) days after such taking, the Members holding at least eighty percent (80%) of the votes in the Association vote not to build replacement Improvements. If such replacement Improvements are to be constructed, then the Association shall be entitled to use the award or other compensation made for such taking solely for the purpose of such construction. If the taking does not involve any Improvements on the Common Area or if the Members holding more than eighty percent (80%) of the votes in the Association vote not to construct any replacement Improvements or if there are any net funds remaining after such construction is completed, then such awarded net funds shall be retained by the Association and used for such purposes as may be determined by the Board. 12.5 Interpretation. Except for judicial construction, the Association shall have the exclusive right to construe and interpret the provisions of this Declaration. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Association's construction or interpretation of the provisions hereof shall be final, conclusive, and binding as to all Persons and Property benefited or bound by this Declaration. In the event of any conflict between this Declaration and the Articles, By -Laws, Association Rules, or Design Guidelines, this Declaration shall control. In the event of any conflict between the Articles and the By -Laws, the Articles shall control. In the event of any conflict between the By -Laws and the Association Rules or the Design Guidelines, the By -Laws shall control. 12.6 Severability. Whenever possible, each provision of this Declaration shall be interpreted so as to be effective and valid under Nebraska law. If any provision of this Declaration is, for any reason and to any extent, invalid or unenforceable, then neither the remainder of this Declaration nor the application of such provision to other Persons or in other circumstances shall be affected by such invalidity or unenforceability. 12.7 Change of Circumstances. Except as otherwise expressly provided in this Declaration, no change of conditions or circumstances shall operate to extinguish, terminate. or modify any of the provisions of this Declaration. 12.8 Laws, Ordinances, and Regulations. The covenants, conditions, and restrictions set forth in this Declaration, and the provisions requiring Owners and other Persons to obtain the approval of the Declarant, the Board, or the DRC with respect to certain actions, are independent of the obligation of the Owners and other Persons to comply with all applicable laws, ordinances, and regulations. Compliance with this Declaration shall not relieve an Owner or any other Person from the obligation to also comply with all applicable laws, ordinances, and regulations. Any violation of any state, municipal, or local law, ordinance, or regulation pertaining to the ownership, occupation, or use of any Property within the Project is hereby declared to be a Page 59 of 67