Instrument #2022025031 #63 Book:8196 Page:4834
privileges contemplated herein, in the other Governing Documents,and under the Association Act,to the fullest extent permitted by Florida law. If there is or should there ever be any conflicts between Florida law and the terms and provisions ofthe Governing Documents, or between the terms and provisions of more than one Governing Document, then the following order of priority and governance shall prevail, but only as necessary to resolve such specific conflict(s):(A)Florida law;(B)this Declaration;(C)any Supplemental Declaration(in the event thatthere are multiple Supplemental Declaration,then the order of priority and governance ofsuch Supplemental Declarations shall be based upon Recording order);(D)the Articles; (E) the Bylaws; (F) the Architectural Guidelines; and (G) the Rules and Regulations. If a Governing Document ofa higher priority and governance,as established above,is amended in such a way that the terms and provisions ofsuch Governing Document conflict with the terms and provisions of any lower priority Governing Documents,as established above,then the lower priority Governing Documents shall be deemed automatically and simultaneously amended with the amendment of the higher priority Governing Document, so that such lower priority Governing Documents may be read and interpreted to be consistent with the higher priority Governing Document. In no event shall any lower priority Governing Documents be amended if such amendment would conflict with the terms and provisions of any higher priority Governing Document, and any such purported amendment shall be automatically ineffective and void. Notwithstanding that some or all of the Governing Documents may have been prepared, initially, at the direction of Declarant, and notwithstanding any rule of construction to the contrary, the Governing Documents shall not be more strictly construed or interpreted against Declarant or any ofDeclarant's affiliates than against any other person or entity. Section 18.13. Assignment ofRights and Duties. Declarant hereby expressly reserves and shall hereafter have the right to assign all or any part ofthe rights, powers, benefits, and reservations under the Governing Documents and under the Association Act to any corporation, company, partnership, firm, or any other legal entity ofany kind, character or nature, whatsoever,that has or acquires fee simple interest in any part ofthe Property, and that accepts and assumes in writing the duties and liabilities of Declarant pertaining to the particular rights, powers, benefits, and reservations so assigned ("Assignee"). Upon the Recording of such instrument of assignment and assumption in the Public Records ("Assignment and Assumption"), Assignee shall,to the extent expressly set forth in such Assignment and Assumption,have the same rights, powers, benefits, and reservations of Declarant, and be subject to the same obligations, duties, and liabilities of Declarant as are herein or under the Association Act given to, accepted, and assumed by Assignee, as the case may be. Declarant hereby expressly reserves and shall hereafter have the right to appoint or designate one or more Co-Declarants, subject to the terms and conditions of the specific Assignment and Assumption appointing such Co-Declarant(s). Notwithstanding anything to the contrary contained herein, in any Assignment and Assumption, or otherwise,to the extent that any rights and liabilities of Declarant under this Declaration and under the Association Act are not expressly assigned and assumed pursuant to an Assignment and Assumption,such rights and liabilities shall remain Declarant's rights and liabilities. Section 18.14. Breach Shall Not Permit Termination. No breach of this Declaration shall entitle any Member or Owner to cancel, rescind, or otherwise terminate this Declaration, but such limitation shall not affect in any manner any other rights or remedies which such Member or Owner may have hereunder by reason of any breach of this Declaration. Any breach of any of said covenants or restrictions, however, shall not defeat or render invalid the lien of any Mortgage, but such covenants or restrictions shall be binding upon and effective against such Owner ofany ofsaid Property or any portion thereofwhose title thereto is acquired by foreclosure, deed in lieu,trustee sale or otherwise. Section 18.15. Negation of Partnership. None of the terms, conditions, or provisions of this Declaration shall be deemed to create a partnership between or among the Owners, Members, Association,or Declarant, nor shall it cause them to be considered joint venturers or members ofanyjoint enterprise. Each such entity shall be considered a separate entity and no such entity shall have the right to
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