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.: •,• ' � ` y � ' I -� I � be deemed to include any statntes amending or replacing the Act, and the comparable se tions " thereo$: . i 17.3 Tender of Claims. In the event that any incident occurs which could reas nab�y give rise to_a demand by the Association against Declarant for indemn�ficatian pursuant o the . Act, t}ie Association shall promptly tender the defense of the action to its insurance carri , and �ive IJleciarant (i) written notice of such tender, (ii} written natice of the specific nature f the action,and(iii)an opportunity to defend against the action. ' 17.4 Notices. Unless specifically provided otherwise in the Governing Docum nts or � the Act, all notices required to be given by or to the Association, the Baard, the Asso iation officers, or the Owners or Occupants shal3 be in writing and shall be effective upon hand delive�y, or mailing if properly addressed with postage prepaid and deposited in the nited States mail; excepi that registrations pursuant to Section 2.2 of the Bylaws shall be e ctive upon r�ceipt by the Association. ]7.5 Conflicts Among Documents. In the event of any conflict among the pro isions � of the I Act, this Declaration, the Bylaws, and any Rules or Re�ulations, the Act shall c ntrol unless it permits the docurrients to control. As ainong this Declaration, the Bylaws, a d any Rules and Regulations, this Declaration shall control. As between the Bylaws and any Rul s and Regul�tions, the Bylaws shall contro3. - 17.b Duration of Covenants_ The covenants, conditions, restrictions, easements, liens, and c}�arges contained in this Deciaration shall be perpetual, subject only to terminat on as provided in this Declaration and the Act. � IN WITNESS WHEREOF, the undersigned has execnted this.instrurnent the d y a � year first set forth above. I O.C. D VEL ' By Its �e an er � STAT�OF MINNESOTA ) ) ss. • COUNTY OF o1i+�t. } . T'he foregoing instrument was acknowledged before me tris��day of �� i 2007, iby Arnold A. Zachman, the Chief Manager oF O.C. Developrnent LLC, a M� esota limited liabiiity company,on behalf of said limited liability company. I ` � � No ublic TH1S INSTRUMENT WAS DRAFTED BY: FredriFk R. Krietzman, Esq. FELH;ABER, LARSON, FENLON &VOGT,P.A. 220 Sputh Sixth, Suite 2200 Minn�apolis,Minnesota 554Q2 SCQTTLKRYNSKI . . (612) 373-8418 isoT�wrPtlBUC-�1larESOTA ,.;. MV OafAAUSSION IX�E3 JApI.31�2Dt � MPLS-Word 95281.1 l 3 8 � II I i I i