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and immeasurable harm done thereby. Accordingly each Owner (including Developer, so long <br /> as Developer is the Owner of at least one of the Lots) and any other entity shall have the right, in <br /> addition to any other remedies available at law or in equity, to apply for and receive from any <br /> court of competent jurisdiction in the State of Minnesota, equitable relief by way of restraining <br /> order, prohibitory or mandatory injunction, or other relief, to prevent and enjoin a breach of the <br /> terms of this Declaration, or by way of specific performance to enforce performance of the terms <br /> of this Declaration. If successful, the party seeking enforcement of the terms hereof shall be <br /> entitled to recover from the party violating the terms of this Declaration reimbursement for all <br /> costs and expenses of litigation, including reasonable attorney's fees, witness fees, service of <br /> process fees, deposition costs, expert witness fees, and any other costs incurred in securing such <br /> relief. <br /> 5.3 Severability. Invalidation of any provision hereof by judgment or court order <br /> shall not affect any of the other provisions, which shall remain in full force and effect. <br /> 5.4 Amendment. This Declaration may be amended by an instrument executed by the <br /> Owners of Lots 1 and 2; provided, however, that: no part of the Property may be deprived of any <br /> easement granted pursuant to this Declaration without the written consent of each Owner and <br /> lienholder of that part of the Property. <br /> IN WITNESS WHEREOF, Developer has caused this Declaration to be duly executed on <br /> the day and year first above written. <br /> 1021479v5 10 <br />