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or other communication so sent shall be deemed to have been given or <br />made on the date delivered, or on the date delivery was refused. <br />12.5 Headings. The headings of the Articles and Sections hereof are for <br />convenience only and are not intended to be part of this Declaration nor in <br />any way to define, limit or describe the scope or intent of the particular <br />provision to which they refer. <br />12.6 Singular and Plural. Words used herein, regardless of the number and <br />gender specifically used, shall be deemed and construed to include any <br />other number, singular or plural, and any other gender, masculine or <br />feminine, as is reasonable in the context. <br />12.7 Effect of Invalidation. If any provision of this Declaration is held to be <br />invalid, the invalidity of such provision shall not affect the remaining <br />provisions hereof. <br />12.8 Interpretation. The provisions of this Declaration shall be construed <br />pursuant to the laws of the State of Indiana and shall be liberally construed <br />to effectuate the purpose of creating a uniform plan for the development <br />and use of the property. <br />12.9 Time. Time is of the essence of this Declaration. <br />12.10 Waiver. No waiver or failure to enforce any of the provisions of this <br />Declaration shall constitute a waiver of any other provision, whether or not <br />similar, nor shall any waiver be a continuing waiver. <br />12.11 Binding Effect. The provisions of this Declaration will be binding on the <br />parties hereto and their respective successors, assigns and mortgagees to <br />the extent herein provided. <br />12.12 Governing Law. These Covenants shall be construed in accordance with <br />the laws of the State of Indiana. <br />29 Blackthorn Corporate Park - Covenants & Restrictions 2123112 draft <br />