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accepts all easements, rights, benefits and privileges of every character hereby
<br />granted, reserved or created and thereby covenants and agrees for
<br />themselves, their successors, successors in interest, heirs, personal
<br />representatives and assigns to be bound by the Covenants. All obligations
<br />hereby imposed are covenants running with the land and shall bind every
<br />Owner and Occupant of every part and parcel of Blackthorn and interest
<br />therein, and every such other Person and inure to the benefit of every Owner
<br />and Occupant and such other persons and as though the provisions of the
<br />Declaration were recited and stipulated at length in each and every deed of
<br />conveyance, lease, sublease, license or other agreement granting any right of
<br />entry or occupancy, or in any other instrument or document by which any such
<br />right, title, interest, lien, or estate id created or acquired. All Covenants, and
<br />agreements contained herein are made for the direct, mutual and reciprocal
<br />benefit of each and every part and parcel of Blackthorn and shall create
<br />mutual, equitable servitudes upon each portion of Blackthorn in favor of every
<br />other portion of Blackthorn.
<br />ARTICLE XI
<br />ASSIGNMENT AND LIMITATION OF LIABILITY
<br />11.1 Assignment of Owners. No Owner may assign all or any part of its rights,
<br />benefits, duties or obligations hereunder, except as an appurtenance to and in
<br />conjunction with the sale of the Owner's land.
<br />11.2 Assignment by Declarant. Any and all of the duties, rights, powers, privileges
<br />and reservations of Declarant herein contained may be assigned to any party
<br />(herein called "Successor Declarant"), either in toto or pro tanto as to any
<br />portion of Blackthorn specifically described and identified in any assignment of
<br />such duties, rights, powers, privileges and reservations, who will assume the
<br />duties of Declarant pertaining to the particular right, power and reservations
<br />assigned. Any such assignment shall be conclusively evidenced by a written
<br />assignment and acceptance thereof duly executed and acknowledged by
<br />Declarant and Successor Declarant and Recorded in the Official Records.
<br />Such Successor Declarant shall, to the extent of such assignment, have the
<br />same rights and powers and be subject to the same obligations and duties as
<br />are given to and assumed by Declarant herein. If at any time Declarant ceases
<br />to exist and has not made an assignment, a Successor Declarant may be
<br />appointed by the Board with approval of at least fifty-one percent (51 %) of the
<br />Association 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, director,
<br />officer, agent or employee of the Declarant, the City, the Committee, the
<br />Association or the Board shall be liable to any Owner or to any person for any
<br />loss, damage, or injury, or claim thereof, arising out of, or in any way connected
<br />with, the performance of the Declarants, the City's, the Committee's, the
<br />Association's or the Board's duties under this Declaration unless due to the
<br />23 Blackthorn Corporate Park Covenants and Restrictions 5/30/01
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