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11.2 Assignment by Declarant. Any and all of the duties, rights, powers,
<br />privileges and reservations of Declarant herein contained may be assigned
<br />to any party (herein called "Successor Declarant "), either in toto or pro
<br />tanto as to any portion of Blackthorn specifically described and identified in
<br />any assignment of such duties, rights, powers, privileges and reservations,
<br />who will assume the duties of Declarant pertaining to the particular right,
<br />power and reservations assigned. Any such assignment shall be
<br />conclusively evidenced by a written assignment and acceptance thereof
<br />duly executed and acknowledged by Declarant and Successor Declarant
<br />and Recorded in the Official Records. Such Successor Declarant shall, to
<br />the extent of such assignment, have the same rights and powers and be
<br />subject to the same obligations and duties as are given to and assumed by
<br />Declarant herein. If at any time Declarant ceases to exist and has not
<br />made an assignment, a Successor Declarant may be appointed by the
<br />Board with approval of at least fifty -one percent (51 %) of the Association
<br />membership.
<br />11.3 Limitation of Liability. Neither the Declarant, the City, the Committee, the
<br />Association or the Board or any member, staff member, consultant,
<br />director, officer, agent or employee of the Declarant, the City, the
<br />Committee, the Association or the Board shall be liable to any Owner or to
<br />any person for any loss, damage, or injury, or claim thereof, arising out of,
<br />or in any way connected with, the performance of the Declarant's, the
<br />City's, the Committee's, the Association's or the Board's duties under this
<br />Declaration unless due to the willful misconduct or bad faith of the
<br />Declarant, the City, the Committee, the Association or the Board, or any
<br />one of their directors, officers, agents, or employees, as the case may be.
<br />The Committee shall review and take action on all plans and specifications
<br />submitted to it for any proposed Improvement, including the construction,
<br />alteration or addition thereof or thereto, or any proposed property use, and
<br />shall make determinations with respect to the Character and Purpose of
<br />Blackthorn as set out in Article II herein and the provisions as set forth in
<br />this Declaration. The Committee shall not be responsible for reviewing any
<br />plans or specifications from the standpoint of structural safety, engineering
<br />soundness, or conformance with building or other codes, nor shall the
<br />Committee's approval of any plans or specifications verify the structural
<br />safety, engineering soundness, or conformance of the Improvement to the
<br />building or other codes. Furthermore, the Committee shall not be
<br />responsible or liable for structural, engineering, or other building defects in
<br />the Improvements for which plans were approved or for violations of
<br />building, zoning or other land -use codes or regulations.
<br />27 Blackthorn Corporate Park - Covenants & Restrictions 2123112 draft
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