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<br /> The Architectural Review Board, in its sole discretion, may require that each Person submitting
<br /> plans and specifications for Improvements to the Architectural Review Board pay one or more
<br /> fees to the Architectural Review Board or to Declarant as a condition to commencement of
<br /> construction of such Improvements. Such fees,including the amounts,payee and purposes thereof,
<br /> shall be established by, and may be changed from time to time by,the Architectural Review Board
<br /> and shall be set forth in the Guidelines.
<br /> Section 8. Notices and Submittals
<br /> . Notices and submittals to the Architectural Review Board shall be in accordance with the notice
<br /> provisions set forth from time to time in the Guidelines.
<br /> Section 9. Limitation of Liability
<br /> . No member of the Architectural Review Board shall be liable for claims, causes of action or
<br /> damages (except where occasioned by willful misconduct of such member) arising out of services
<br /> performed pursuant to this Article VIII. Neither the Architectural Review Board nor the members
<br /> thereof, nor the Association, nor Declarant, nor any officers, directors, members, managers,
<br /> employees, agents or affiliates of any of them, shall be liable for damages or otherwise to anyone
<br /> submitting plans and specifications and other submittals for approval or to any Owner by reason
<br /> of mistake of judgment, negligence or nonfeasance arising out of or in connection with the
<br /> approval or disapproval of, or the failure to approve or disapprove of, any plans and specifications.
<br /> The approval of plans and specifications by the Architectural Review Board shall not be deemed
<br /> or construed as a representation or warranty of the Architectural Review Board, Declarant, or any
<br /> officer, director, member, manager, employee, agent or affiliate of any of them, (i) that
<br /> Improvements constructed in accordance with such plans and specifications will comply with
<br /> applicable zoning ordinances,building codes, or other governmental or quasi-governmental laws,
<br /> ordinances, rules and regulations or (ii) as to the structural soundness, quality, durability,
<br /> suitability, fitness or proper functioning of Improvements constructed in accordance with such
<br /> plans and specifications; and any responsibility or liability therefor is hereby disclaimed. Every
<br /> person who submits plans and specifications, and every Owner, agrees that he will not bring any
<br /> action or suit against Declarant, the Association, the Architectural Review Board, the Board, or
<br /> the officers, directors, members, managers, employees, agents or affiliates of any of them, to
<br /> recover any such damages and hereby releases, demises, and quitclaims all claims, demands and
<br /> causes of action arising out of or in connection with any judgment,negligence or nonfeasance and
<br /> hereby waives the provisions of any law which provides that a general release does not extend to
<br /> claims, demands and causes of action not known at the time the release is given. Declarant shall
<br /> be the sole party responsible for the performance of Declarant's obligations under this Declaration,
<br /> and no other person, firm or entity, including, without limitation, any entity affiliated with
<br /> Declarant, shall have any obligation or liability for Declarant's obligations under this Declaration.
<br /> Section 10. Miscellaneous
<br /> . Members of the Architectural Review Board may or may not be compensated for their services;
<br /> provided, however, the Association shall reimburse members of the Architectural Review Board
<br /> for reasonable out-of-pocket expenses associated with their activities hereunder. All costs,
<br /> expenses and attorneys' fees of the Architectural Review Board, including those incurred in
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