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covenants therein set forth. Notwithstanding any other provision hereof, enforcement of these <br />covenants and restrictions shall not result in any claim against the Project, or against the rents or <br />other income from the property. Until terminated or deleted as hereinafter provided, the <br />provisions hereof are imposed upon and made applicable to the Property and the Project and <br />shall be enforceable against the Declarant, each purchaser, grantee, owner or lessee of the Project <br />and the respective heirs, legal representatives, successors and assigns of each. No delay in <br />enforcing the provisions of said covenants and restrictions as to any breach or violation shall <br />impair, damage or waive the right to enforce the same or to obtain relief against or recover for <br />the continuation or repetition of such breach or violation or any similar breach or violation <br />thereof at any later time or times. <br />7. Attorneys' Fees to Prevailing Party. In the event of any litigation between the <br />parties under any of the provisions of this instrument, the non -prevailing party to such <br />litigation agrees to pay to the prevailing party all costs and expenses (including, without <br />limitation, expert fees, costs of investigation, deposition costs, travel costs and reasonable <br />attorneys' fees) incurred by the prevailing party in such litigation. The determination of <br />whether a party is a "prevailing party," and the reasonable amount of attorneys' fees and other <br />costs recoverable, will all be reserved to and decided by the Judge presiding over such litigation. <br />The parties agree that the amount of attorneys' fees and other costs which may be awarded must <br />bear a reasonable relationship to, and must be limited by the Judge to a reasonable amount in <br />view of, the amount recovered or the relief obtained by the prevailing party. <br />8. Estoppel Certificate. Within fifteen (15) days after written request by any party <br />to this instrument, the other party will provide an executed and acknowledged certificate in <br />recordable form confirming (to the extent accurate) that this instrument remains in full force and <br />effect at such time, that there are no defaults or claimed defaults by any party under this <br />instrument, and providing such further factual assurances as may be reasonably requested. <br />9. Notices. Any notice or election herein required or permitted to be given or <br />serviced by any party hereto upon the other will be in writing and delivered in person, by email, <br />by electronic pdf, or recognized overnight delivery service (i.e., Federal Express, UPS, etc.), <br />addressed as follows: <br />If to Declarant: , LLC <br />c/o Lang -Nelson Associates, Inc. <br />4601 Excelsior Blvd, Suite 650 <br />Minneapolis, MN 55416 <br />Email: caitlinglanel.com <br />With a Copy to: David E. Kirkman <br />Ravich Meyer Kirkman McGrath Nauman <br />& Tansey, A Professional Association <br />150 South Fifth Street, #3450 <br />Minneapolis, MN 55402 <br />Email: dekirkmangravichmeyer.com <br />100354123 } <br />4 <br />