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200708774 commenced. For each claim, counter-claim, cross- claim and/or third-party claim asserted in any legal proceeding to enforce the provisions of this Section or of any provision of the Declaration or the Articles of Incorporation or Bylaws of the Association, or of any requirement of the ACC, the court or other trier of fact shall award to the party prevailing on such claim its reasonable costs, including without limitation attorneys' fees, incurred in asserting or defending the claim. Neither the Association, the ACC nor Declarant shall be liable to payor reimburse any Owner for attorneys' fees or other costs incurred in connection with or as a result of such Owner's enforcement or attempted enforcement of this Declaration, whether suit is brought or not. Section 7. Compliance Certificates. The Association, acting through its authorized officers, shall, upon written request of any Owner and payment by such Owner of any reasonable fee as may be determined from time to time by the Board of Directors, furnish a certificate with respect to the ACC's approval or disapproval of any Improvement or regarding whether any specified Improvements otherwise comply with the requirements of this Declaration. The Association may engage a third party to conduct any inspection or investigation necessary or desirable to enable it to issue any such certification, and in such event the Owner requesting the certification shall pay, in advance if required by the Association, the costs incurred for such inspection or investigation. Any person without actual notice to the contrary shall be entitled to rely on such certification with respect to the matters set forth therein. Section 8. Evidence of Compliance. Records of the Association and of the ACC with respect to compliance with the provisions and requirements of this Declaration regarding construction of Improvements shall be conclusive evidence as to all matters addressed by such records. After the expiration of one year following the issuance ofa final certificate of occupancy therefor, or any equivalent approval, by the applicable governmental authority, any Improvement approved by such certificate shall be deemed in compliance with the construction requirements of Article Bl, Section 1 above unless a notice of non-compliance executed by or on behalf of the Association shall have been recorded in the real property records of Hall County, Nebraska, or unless a legal proceeding shall have been instituted to enforce compliance with such requirements. Section 9. ACC Power to Grant Variances. The ACC may authorize variances from compliance with any of the provisions of this Declaration, including, without limitation, restrictions upon height, size, floor area or placement of structures or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the ACC. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that no variance shall operate to waive any of the provisions of this Declaration for any purpose except as to the particular property and particular provision covered by the variance, nor shall the granting of any variance affect the jurisdiction of the ACC, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or other requirements imposed by any governmental authority having jurisdiction. ARTICLE VI DECLARANT'S SPECIAL RIGHTS Section 1. Declarant's Right to Repurchase a Lot. Deeds from Declarant to initial Owners or purchasers of Lots within the subdivision will contain a reserved option in Declarant to repurchase any Lots sold at a purchase price equal to a bona-fide offer in writing received by any Owner of a Lot within the subdivision. The reservation of the right of repurchase in Declarant will expire on January 1, 2015, or upon execution of a written waiver of the right of repurchase executed by Declarant on an earlier date as to any Lot. Section 2. Declarant's Right to Add Covenants. Declarant shall have the unilateral right to subject portions of the Property owned by Declarant to additional covenants, conditions and/or restrictions as Declarant may determine. Section 3. Declarant's Right to Replat Lots. Declarant hereby reserves the right (a) to replat and/or resubdivide any or all of the Lots or other portions of the Property owned by Declarant; and/or (b) to amend or revise the platted subdivision with respect to any Lots or other portions of the Property owned by Declarant. By accepting a deed for a Lot, each Owner hereby consents to and agrees not to contest or cause to be contested Declarant's exercise of the rights specified in this Article VI.