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27 <br /> <br />SECTION 16 <br />MISCELLANEOUS <br />16.1. Severability. If any term, covenant, or provision of this instrument or any exhibit attached <br />hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed <br />to alter, affect or impair in any manner whatsoever any other portion of this Declaration or exhibits attached <br />hereto. <br /> <br />16.2. Construction. Where applicable, the masculine gender of any word used herein shall mean the <br />feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice <br />versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or <br />replacing the Act, and the comparable sections thereof. Any amendment to the Act shall retroactively apply to <br />the Association and the Property, except as expressly prohibited or qualified by the Governing Documents. <br /> <br />16.3. Tender of Claims. In the event that any incident occurs which could reasonably give rise to a <br />demand by the Association against Declarant for indemnification pursuant to the Act, the Association shall <br />promptly tender the defense of the action to its insurance carrier, and give Declarant (i) written notice of such <br />tender, (ii) written notice of the specific nature of the action, and (iii) an opportunity to defend against the action. <br /> <br />16.4. Notices. Unless specifically provided otherwise in the Governing Documents or the Act, all <br />notices required to be given by or to the Association, the Board, the Association officers, or the Owners or <br />Occupants shall be (i) in writing and shall be effective upon hand delivery, or mailing if properly addressed with <br />postage prepaid and deposited in the United States mail, or (ii) by electronic means and shall be effective when <br />sent, as and if authorized by the Bylaws and Minnesota Statutes Chapter 317A; except that registrations pursuant <br />to Section 2.2 of the Bylaws shall be effective upon receipt by the Association. <br /> <br />16.5. Conflicts Among Documents. In the event of any conflict among the provisions of the Act, the <br />Declaration, the Bylaws and any Rules or Regulations, the Act shall control unless it permits one or more of the <br />Governing Documents to control. As among the Declaration, the Bylaws and any Rules and Regulations, the <br />Declaration shall control, and as between the Bylaws and any Rules and Regulations, the Bylaws shall control. <br /> <br />16.6. Duration of Covenants. The covenants, conditions, restrictions, easements, liens and charges <br />contained in this Declaration shall be perpetual, subject only to termination as provided in this Declaration and <br />the Act. <br />75