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33 <br />writing. Any amendment shall be subject to any greater requirements imposed by the Act. The <br />amendment shall be effective when recorded as provided in the Act. An affidavit by the <br />Secretary or President of the Association as to the outcome of the vote, or the execution of the <br />foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including <br />without limitation, the recording of the amendment. <br /> <br />SECTION 16 <br />MISCELLANEOUS <br />16.1. Severability. If any term, covenant, or provision of this instrument or any exhibit <br />attached hereto is held to be invalid or unenforceable for any reason whatsoever, such <br />determination shall not be deemed to alter, affect or impair in any manner whatsoever any other <br />portion of this Declaration or exhibits attached hereto. <br /> <br />16.2. Construction. Where applicable, the masculine gender of any word used herein <br />shall mean the feminine or neutral gender, or vice versa, and the singular of any word used <br />herein shall mean the plural, or vice versa. References to the Act, or any section thereof, shall be <br />deemed to include any statutes amending or replacing the Act, and the comparable sections <br />thereof. Any amendment to the Act shall retroactively apply to the Association and the Property, <br />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 <br />give rise to a demand by the Association against Declarant for indemnification pursuant to the <br />Act, the Association shall promptly tender the defense of the action to its insurance carrier, and <br />give Declarant (i) written notice of such tender, (ii) written notice of the specific nature of the <br />action, and (iii) an opportunity to defend against the action. <br /> <br />16.4. Notices. Unless specifically provided otherwise in the Governing Documents or <br />the Act, all notices required to be given by or to the Association, the Board, the Association <br />officers, or the Owners or Occupants shall be (i) in writing and shall be effective upon hand <br />delivery, or mailing if properly addressed with postage prepaid and deposited in the United <br />States mail, or (ii) by electronic means and shall be effective when sent, as and if authorized by <br />the Bylaws and Minnesota Statutes Chapter 317A; except that registrations pursuant to Section <br />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 <br />the Act, the Declaration, the Bylaws and any Rules or Regulations, the Act shall control unless it <br />permits one or more of the Governing Documents to control. As among the Declaration, the <br />Bylaws and any Rules and Regulations, the Declaration shall control, and as between the Bylaws <br />and any Rules and Regulations, the Bylaws shall control. <br /> <br />16.6. Duration of Covenants. The covenants, conditions, restrictions, easements, liens <br />and charges contained in this Declaration shall be perpetual, subject only to termination as <br />provided in this Declaration and the Act. <br />146