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7,10.x, An Owner who causes an ~~npraven~ent to be made, regardless of ' <br />whether the hnprovernent is approved by the Board, shall be solely respansibie far the <br />cansi~ction standards and speci~catians relating to the lrnpravement, and for the . <br />constxuction'~vorl~, The ~3wner, and not the Association, is responsible far dete~ning . <br />whether ~ny~ Improvement is in ~ compliance with any requirements itnpascd by any ~ . <br />governmental authority having jurisdiction over the Property, The Owner shall hold <br />harmless, indemnify and defend ~e Assacia~ion, and its officers and directors, from anal <br />against any expenses, ~ claims, damages, losses ar other liabilities, including without <br />. limitation attorneys' fees and athez~ professional fees and costs, arising nut of (z) any . <br />improv~rr~ent which violates any' governmental laws, codes, ~ ordinances or regulationsr <br />(ii} the inadequacy of the specif~eations for eonst~ction of the x~.provements; ar . <br />viii} defects in the construction of the rn~prave~nents. . <br />?, ~ 1, iet Bn' a, nom,, All Owners and Occupants and their gaests shall have a right <br />off` quiet enjoyment in their respective Units, subject to the rights of ~i) other Owners and <br />. Occupants to reasonable u.se of ~aeir respective Units and to the nornzal and cti.stamary sights, . <br />sounds, odors and activity generated thereby given the residential and cn~mercial living . <br />environment associ~.ted with the n~,tare and structure of the buildings, and ~ii~ the Owners and <br />Occupants of the Commercial Units to conduct their respective businesses in a manner <br />custa~nary fax such businesses and to the narinal a.nd customary sights, sounds, activities and <br />odors ,which are generated from the operation and. patronage of such businesses, including <br />without, limitation restaurant and outdoor dining facilities, Su~~bject to the foregoing <br />con.sicleratians, Owners and Occupants shall use the Property in such a manner as will not cause ' <br />a nuisance, nor .duly restrict, interfere with or impede the use and quiet enjoyment of the <br />property by other ~l~rners and Occupants and their guests. . <br />~.1~. Prohibited_ ~on,duct IVo Owner ax Occupant shall (i~ cause or permit any physxcai <br />changes to their Unit that .could ~eapardi~e or impair the weather-tight soundness or safety of a <br />Building, any Building system, ar other ~nap~'oven~ent located an the Property, ~ii~ interfere with <br />any easement; viii} install ar permit the installation of hard surface f~,aar coverings within a <br />Residential Unit without the p~~ior written authariza~on of the Board, except far the replacement <br />of floor cover~gs of the same type as originally installed. in the Unit;' ar Div) ca~~se or permit any , <br />physical changes to a Residential Unit which could damage or otherwise affect 'any camn~an <br />wall, float or ceiling surrounding a residential Unit, ar the sound ba~~riers or so~~nd. attenuation <br />:materials ~in~talled on ar within. the ceilings, floors ax walls surrounding the Unit wi~io~t the <br />prior written authorization ofthe Board, ~ . <br />7,1 ~, Cam Rance urith Law, No use shall be made of the Property which would violste <br />any then bxisting ~.unicipal caries or ordinances, ar state ar federal laws, nor shall any act or use <br />be permitted which ca~uld cause waste to the Property, cause a. material increase in insurance <br />rates on the Property`, ar otherwise cause any unusual liability, health ar safety risk, ar axpense, <br />for the Association ar any Owner or Occupant. <br />~'.4, ~cvelo n~ent A cement, The Property is subject to a I~evelapr~ent Agrcernant <br />by and between ~ the ,original declarant and the Oity. The l~evelap~nent Agreement contains <br />vario~~s restrictions and ~equiren~ents with respect to the development and use of the Property, <br />and is binding upfln the Prope~y and the Owners and. Occupants. <br />MPS-VU'ord ~~218D,3 ~ <br />