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9 .10.82 tc— : ,;OG3 <br /> •• <br /> • C169-018 <br /> 8 . 5 . 2 Neither Declarant, the Association nor <br /> the Architectural Review Board shall be liable to anyone <br /> submitting plans or proposed uses to them for approval, or <br /> to any Owner or lessee of land affected by this Declaration, <br /> by reason of mistake. in judgment, negligence or nonfeasance <br /> arising out of or in connection with the approval or disap- <br /> proval or failure to approve any such plans or by failing to <br /> approve any requested use hereunder. Every person who <br /> submits plans to the Architectural Review Board for approval <br /> agrees, by submission of such plans, and every Owner or <br /> lessee of any of said Property agrees , by acquiring title <br /> thereto or interest therein, that he will not bring any <br /> action or suit against Declarant, the Association or the <br /> c Architectural Review Board to recover any such damages and <br /> waives any right to do so. <br /> 8 : 6 Attorney' s Fees . In any legal or equitable <br /> proceeding for the enforcement, or to restrain the violation <br /> of this Declaration or any provision hereof, the losing <br /> party or parties shall pay all costs and expenses in connec- <br /> tion therewith, including the attorneys ' fees of the pre- <br /> vailing party or parties, in such amount as may be fixed by <br /> the Court in such proceeding. All remedies provided herein <br /> or at law or in equity shall be cumulative and not <br /> exclusive. <br /> -45- <br />