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and assumed by Declarant herein. If at anytime Declarant ceases to exist and has not
<br />made an assignment, a Successor Declarant maybe appointed by the Board with
<br />approval of at least fifty-one percent (5t%) oftheAssoc~ation membership.
<br />11.3 Limitation of Liability. Neither the Declarant, the City, the Committee, the Association or
<br />the Board or any member, staff member, consultant, .director, officer, agent or empbyee
<br />of the beclarant, the City, the Committee, the Association or the Board. shall be liable to
<br />any Owner or to any person for any loss, damage, or injury, or claim thereof, arising out
<br />of, or in any way connected with, the perfommance of the Declarants, the City's, the
<br />Committee's, the Association's or the Board's duties under this Declaration unless due to
<br />the willful misconduct or bad faith of the the Declarant, the City, the Committee, the
<br />Association or the Board, or any one of their directors, officers, agents, or employees, as
<br />-the case may be. The Committee shall review and take action on all plans and
<br />specifications submitted to it for any proposed Improvement, including the construction,
<br />alteration or addition thereof or thereto, or any proposed property use, and shall make
<br />determinatbns with respect to the Character and Purpose of Blackthorn as set out in
<br />Article II herein and the provisions as set forth in this Declaration.. The Committee shall
<br />not be responsible for reviewing any plans or specif'~cations from the standpoint of
<br />structural safety, engineering soundness, or conformance with building or other codes, nor
<br />shall the Committee's approval of any plans or specifications verify the structural safety,
<br />engineering soundness, or confommance of the Improvement to building or other codes.
<br />Furthemmore, the Committee shall not be responsible or liable for structural, engineering, or
<br />other building defects in the Improvements for which plans were approved or for violations
<br />of building, zoning or other land-use codes or regulations.
<br />
<br />ARTICLE X11
<br />MISCELLANEOUS
<br />12.1 Amendment. This Declaration and its covenants and restrictions shall run wlth the land
<br />and be binding until December 31, 2023. So bng as the Declarant owns any part of
<br />Blackthorn, these restrictions may be amended or extended, only in writing, and then only
<br />upon the affirmative vote of the Declarant and a majority of the members of the
<br />Association, based on voting rights established in Section 6.4 herein. At such time as the
<br />Declarant does not own any part of Blackthorn or the Declarant relinquishes rights to
<br />appoint a member of the Board, these covenants may be amended or mod'rfied by action
<br />of the Association, with voting rights as established in Section 6.4 herein. Amendments
<br />shall become effective ten (10) days after nonce of adoption of said amendment, together
<br />with a copy of the recorded amendment, is mailed to all Blackthorn Owners.
<br />Notwithstanding the forgoing provisions of this Section 12.1, the easements reserved and
<br />granted in this Declaration under Article VII shall be binding perpetually, and no
<br />amendment shall .modify or terminate such easements.
<br />12.2 Termination and Extension. This Declaration shall be and remain in full force and effect
<br />until December 31, 2023 after which date this Declaration maybe extended for
<br />successive periods often (10) years by the Recording in the Official Records a written
<br />instrument declaring the extension of the term hereof, duly executed by Declarant, 'rf the
<br />Declarant owns some portion of Blackthorn, not including easements reserved and
<br />granted herein under Article VII, and, rf the Declarant does not own any portion of
<br />Blackthorn, so described, the written instrument shall be executed and acknowledged by
<br />21 Blackthorn Corporate Center -Covenants & Restrictions '1/1/93
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