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�0110�590 <br />and Regulations in the form of Exhibit B attached hereto, and which may be revised from time to time by <br />Developer at its sole discretion, upon prior written notice to the Lot Owners. <br />19. Developer Exculpation. It is expressly understood and agreed that notwithstanding anything in <br />this Declaration to the contrary, and nofinrithstanding any applicable law to the contrary, the liability of Developer <br />hereunder (including any successor Developer hereunder) with respect to monetary damages arising hereunder <br />and any recourse by any Lot Owner against Developer with respect to monetary damages arising hereunder shall <br />be limited solely and exclusively to the interest of Developer in and to the Developer Property and Developer's <br />interest in and to the Lots, and the rents, proceeds and profits there from, and neither Developer, nor any of its <br />constituent partners, subpartners, members, managing members or agents, shall have any personal liability <br />therefor, and each Lot Owner, on behalf of itself and all persons claiming by, through or under such Lot Owner, <br />hereby expressly waives and releases Developer and such partners, subpartners, members, managing members <br />or agents from any and all personal liability, except for claims caused by the negligence or willful act of Developer. <br />20. Notices. All notices, approvals, consents, or requests given or made pursuant to this <br />Declaration shall be in writing and either (i) sent by a nationally recognized overnight courier, (ii) personally <br />delivered, or (iii) sent by registered or certified mail with the postage prepaid. Notices personally delivered shall <br />be deemed delivered on the date of delivery. Notices via overnight courier shall be deemed delivered on the date <br />following deposit with such courier and certified or registered mail shall be deemed delivered three (3) business <br />days after deposit with the U.S. Mail, as applicable. <br />Notices to Developer: Batis Development Company <br />Attention: Mark Wittenburg <br />. 2951 SW Wanamaker Drive, Suite A <br />Topeka, KS 66614 <br />Such addresses may be changed from time to time by either party hereto by serving notice as herein <br />provided. <br />21. Headings. The headings herein are inserted only as a matter of convenience and for reference <br />and in no way define, limit, or describe the scope or intent of this document nor in any way affect the terms and <br />provisions hereof. <br />22. Entire Declaration. This Declaration and the exhibits hereto contain all the representations and <br />the entire Declaration between the Parties with respect to the subject matter hereof. Any prior correspondence, <br />memoranda or Declarations are superseded in total by this Declaration and Exhibits hereto. The provisions of <br />this Declaration shall be construed as a whole according to their common meaning and not strictly for or against <br />any Party. This Declaration may be modified or altered in any respect by a writing executed and recorded solely <br />by Developer without joinder of any other party. <br />23. Governing Law. These covenants and restrictions shall be governed by and construed by the <br />Legal Requirements of the State in which the Development if located. <br />24. Severab�lity. If any provision of this Declaration or the application thereof to any persons or <br />circumstances shall, to any extent, be invalid or unenforceable under applicable law, the remainder of this <br />Declaration, or the application of such provision to other persons or circumstances, shall not be affected thereby, <br />and each provision of these covenants and restrictions shall be valid and enforceable to the fullest extent <br />permitted by law. <br />25. Counterparts. This Declaration may be executed in counterparts, and when taken together shall <br />represent one original document notwithstanding the fact that all parties are not signatories to the same original <br />document. <br />12 <br />Meadowlark Declara8on <br />Lots 1 & 2-9�' Subdivision <br />