Instrument #2022025031 #68 Book:8196 Page:4839
the Association is not empowered, nor has it been created, to act as an entity which enforces or ensures compliance with the Laws,or prevents tortious activities, actions or omissions; and any provisions of the Governing Documents setting forth the uses of Assessments which relate to health, safety and/or welfare shall be interpreted and applied only as limitations on the uses of Assessment funds and not as creating a duty of the Association to protect or further the health, safety or welfare of any person(s), even if Assessment funds are chosen to be used for such reason. (c) Each Owner(by virtue of the Owner's acceptance of title to the Owner's Lot) and each other person having an interest in or lien upon, or making any use of, said Lot or any portion of the Property (by virtue of accepting such interest or lien or making such uses) shall be bound by this Article XIX and shall be deemed to have automatically and irrevocably waived any and all rights, claims, demands and causes of action against the Board,the ARC,Association or Declarant and arising from or connected with any matter for which the liability of the Board, the ARC, Association or Declarant has been disclaimed in this Article XIX or in this Declaration generally. The Association and each Owner covenant and agree, jointly and severally, to indemnify, defend and hold harmless the Declarant, its officers, directors, shareholders, and any related persons, companies, or corporations and their employees from and against any and all claims,suits, actions, causes ofaction or damages arising from any personal injury, loss of life, or damage to property, sustained on or about the Common Areas, or other property serving Association and Owners,and improvements thereon, or resulting from or arising out of activities or operations of the Association or Owners and from and against all costs, expenses, court costs, attorneys' fees and paraprofessional fees (including, but not limited to, all trial and appellate levels and whether or not suit be instituted), expenses and liabilities incurred or arising from any such claim, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders judgments or decrees which may be entered relating thereto. The costs and expense of fulfilling this covenant of indemnification shall constitute a part ofthe Operating Expenses to the extent such matters are not covered by insurance maintained by the Association. UNLESS OTHERWISE EXPRESSLY SET FORTH HEREIN, EACH OWNER(BY VIRTUE OF OWNER'S ACCEPTANCE OF TITLE TO THE OWNER'S LOT) ACKNOWLEDGES AND AGREES THAT SAID OWNER SHALL HAVE NO RIGHTS, RIPARIAN OR OTHERWISE,IN OR TO ANY BODY OF WATER,IF ANY,LYING WITHIN OR ADJACENT TO THE DEVELOPMENT. NEITHER DECLARANT,THE ASSOCIATION, ANY APPROVED BUILDER NOR ANY OF THEIR OFFICERS,DIRECTORS,COMMITTEE MEMBERS, EMPLOYEES, MANAGEMENT AGENTS, CONTRACTORS OR SUBCONTRACTORS(COLLECTIVELY,THE"LISTED PARTIES")SHALL BE LIABLE OR RESPONSIBLE FOR MAINTAINING OR ASSURING THE SAFETY,WATER QUALITY OR WATER LEVEL OF/IN ANY LAKE,POND,CANAL,CREEK,STREAM OR OTHER WATER BODY WITHIN THE COMMUNITY, EXCEPT AS SUCH RESPONSIBILITY MAY BE SPECIFICALLY IMPOSED BY, OR CONTRACTED FOR WITH, AN APPLICABLE GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY OR AUTHORITY. THERE IS NO GUARANTY BY THE LISTED PARTIES THAT WATER LEVELS WILL BE CONSTANT OR AESTHETICALLYPLEASING AT ANYPARTICULAR TIME.FURTHER,ALL OWNERS AND USERS OF ANY PORTION OF THE PROPERTY LOCATED ADJACENT TO OR HAVING A VIEW OF ANY OF THE AFORESAID WATER BODIES SHALL BE DEEMED,BY VIRTUE OF THEIR ACCEPTANCE OF THE DEED TO OR USE OF SUCH PROPERTY,TO HAVE AGREED TO HOLD HARMLESS THE LISTED PARTIES FOR ANY AND ALL CHANGES IN THE QUALITY AND LEVEL OF THE WATER IN SUCH BODIES. CONTRACTORS, SUBCONTRACTORS, LICENSEES AND OTHER DESIGNEES SHALL, (d)
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