Instrument #2022025031 #64 Book:8196 Page:4835
act as an agent for another unless expressly authorized to do so herein or by separate instrument signed by the party(ies)to be charged.
Section 18.16. Attorney Fees. In the event of the institution of any legal proceedings for any violation or attempted or threatened violation of any ofthe terms, covenants, restrictions and conditions contained herein, or concerning the interpretation or application ofany ofthe foregoing to any person or property, or for the collection ofany sums due and payable hereunder, or for the foreclosures ofany liens provided for herein, the prevailing party(ies) shall be entitled to recover all expenses incurred in connection therewith, including, but not limited to, reasonable attorneys' fees, legal fees, and other costs and expenses oflitigation connected therewith, which fees,costs, and expenses shall include those caused by reason of any appellate proceeding, re-hearing, appeal, post-judgment action, or otherwise,from the non-prevailing party(ies). Section 18.17. No Vested Rights. Each Owner by acceptance of a deed to a Dwelling irrevocably waives any claim that such Owner has any vested rights pursuant to case law or statute with respect to this Declaration or any of the other Governing Documents. It is expressly intended that Declarant and the Association shall have the broad right to amend this Declaration and the other Governing Documents,except as limited by applicable law as it exists on the Effective Date or except as expressly set forth herein. Section 18.18. Community Signage. Declarant may, but is not obligated, in its sole discretion, to construct or otherwise install signage at any entrance(s) of the Community which identifies the Community,and convey any such signage to the Association. If any such signage is constructed/installed and conveyed to the Association, the Association shall thereafter perpetually maintain such signage, at Common Expense, in the same presentation as was utilized when such signage was conveyed to the Association. Declarant, via a Recorded instrument, may assign its rights under this Section 18.18 to any entity related to or affiliated with Declarant,or to one or more Builders.
ARTICLE XIX
DISCLAIMERS
Section 19.01. Disclaimer ofRepresentations or Warranties.
(a) EXCEPT AS EXPRESSLY PROVIDED IN THIS DECLARATION, NO REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER,WHETHER EXPRESS OR IMPLIED,HAS BEEN GIVEN OR MADE BY DECLARANT OR ITS DIRECTORS, OFFICERS, MEMBERS,SHAREHOLDERS, AGENTS OR EMPLOYEES(OR THE SUCCESSORS OR ASSIGNS OF ANY OF THE FOREGOING) IN CONNECTION WITH THE PROPERTY (INCLUDING ANY LOT, DWELLING, COMMON AREA OR AREAS OF COMMON RESPONSIBILITY),ITS PHYSICAL CONDITION,ZONING,COMPLIANCE WITH APPLICABLE LAWS,MERCHANTABILITY,HABITABILITY,FITNESS FOR A PARTICULARPURPOSE,ORIN CONNECTION WITH THE SUBDIVISION, SALE, OPERATION, MAINTENANCE, COST OF MAINTENANCE, TAXES, REGULATION THEREOF OR OTHERWISE. IF ANY SUCH REPRESENTATION OR WARRANTY CANNOT LAWFULLY BE DISCLAIMED, AND AS TO ANY CLAIMS WHICH CAN BE MADE AS TO THE AFORESAID MATTERS,ALL INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, PRESUMPTIVE AND SPECIAL DAMAGES ARISING THEREFROM ARE HEREBY FULLY,FOREVER AND IRREVOCABLY WAIVED AND DISCLAIMED.
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