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200403074 <br />The common elements appurtenant to each unit shall have a permanent character <br />and shall not be altered without the consent of all the units affected and expressed in an <br />amendment to this Master Deed and Declaration duly recorded. The common elements <br />and easements shall not be separated from the unit to which they appertain and shall be <br />deemed to be conveyed, leased or encumbered with such unit even though such interests <br />or easements are not expressly mentioned or described in the conveyance or other <br />instrument. <br />ARTICLE XIII. INVALIDITY <br />The invalidity of any provision of this Master Deed and Declaration or amendments <br />thereto shall not be deemed to impair or affect in any manner the validity, enforceability or <br />effect of the remainder of this Master Deed and Declaration or amendments thereto and, <br />in such event, all the other provisions of this Master Deed and Declaration shall continue <br />in full force and effect as if such invalid provision had never been included herein. <br />ARTICLE XIV. WAIVER <br />No provisions contained in this Master Deed and Declaration or amendments <br />thereto shall be deemed to have been abrogated or waived by reason of any failure to <br />enforce the same, irrespective of the number of violations or breaches which may occur. <br />ARTICLE XV. CAPTIONS <br />The captions herein are inserted only as a matter of convenience and for reference, <br />and in way define, limit or describe the scope of this Master Deed and Declaration or its <br />amendments thereto nor the intent of any provision thereof. <br />ARTICLE XVI. GENDER <br />The use of the masculine gender in this Master Deed and Declaration or its <br />amendments thereto shall be deemed to include the feminine and neuter genders and the <br />use of the singular shall be deemed to include the plural, whenever the context so requires. <br />ARTICLE XVII. REAFFIRMATION <br />Consistent with the intent of this Master Deed and Declaration or its amendments <br />thereto, to the extent that such intent may be ascertained by the terms of this Master Deed <br />and Declaration or its amendments thereto, any provision contained in this Master Deed <br />and Declaration or its amendments thereto shall be reformed to the extent necessary to <br />create a valid and enforceable provision consistent with that intent in the event a court of <br />competent jurisdiction shall determine any provision herein contained is void and <br />unenforceable as drafted. <br />DATED this day of March 2004. <br />6 <br />f' <br />Rudolf F. P t <br />J annice R. Plate <br />Tim C. Pla <br />E? <br />