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84 ---- 005507 (i) For all tort losses not covered by insurance suffered by the Association or that Unit Owner, and (fi) for all costs which the Association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the Declarant is liable io the AssoC2$YiOn u lu tlu subpar Yt�,i CGp i� the Declarant is also liable for all litigation expenses, including reasonable attorney's fees, incurred by the Association. Any statute of limitation affect ing the Association's right of action under this subparagraph is tolled, until the period of Declarant control terminates. A Unit Owner is not preciuded from bringing an action contemplated by this subparagraph because he or si c is a Unit Owner or a member or officer of the Association. Liens- resulting from judgments against the Association are governed by NEB -, REV. STAT 976_975. (B) The Declarant shall not be liable for any action, loss,: or cost. pursuant to this Paragraph if at the time the loss occurred, insurance required by Paragraph 31 (Insurance) was in place. (C) Notwithstanding the duty of the Association to maintain, and repair parts of the Property, the Association shall not be liable to Owners for injury or damage, other than the cost of maintenance and repair, caused by any latent condition of the Property to be m- -: Aained and repaired by the Assam ciation, or caused by natural elements )_ --ther Owners or persons. 33. Condemnation. If at any time or times during the continuance of the Condominium; ownership pursuant to this Declaration, all or any part of the Condomimum Project shall be taken or condemned by any public authority or sold or other- wise disposed of in lieu of or in avoidance thereof, the following provisions shall apply: (A) Proceeds. All compensation, damages, or other proceeds there- from, the sum oT_which is hereafter called the "Condemnation Award." shall be payable to the Association. (B) Complete Taking: (1) In the event that the entire Project is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the Condo- minium ownership pursuant hereto shall terminate. The Condemnation Award shall be apportioned among the Units according to their Allocated Interests on the same basis of each Condominium Unit's proportionate share of the Common Expense assessments; provided, however, that if a standard different from that used to determine Allocated Interests is employed as the measure of the Condemnation Award in the negotiation, judicial decree, or otherwise, then in determining such shares the same standard shall be employed to the extent it is relevant and applicable. (2) On the basis of the principle set forth above, the Association shall as soon as practicable determine the share of the Condemnation Award to -25- a IN