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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 competecrt jurisdiction in the State of Minnesota, equitable relief by way of rest�-aining <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 th�is 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 /> 9.3 Severabilitv. 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 /> 9.4 Amendment. This Declaration may be amended by an instrument executed solely <br /> by Developer until Deveioper is the Owner of fewer than three (3) of the Lots, a.nd thereafter <br /> may be amended by an instrument executed by Owners of at least eight(8) of the Lots; provided, <br /> however, that: Section S.5 may not be amended without the express written consent of the <br /> Owner of each of the Lots; and no part of the Property may be deprived of any easement granted <br /> pursuant to this Declaration without the written consent of each Owner and lienholder of that <br /> part of the Property. <br /> 23 <br />