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. � <br /> heirs of the parties herein, including, all subsequent ' <br /> Owners of each lot. <br /> 9. Enforcement. The respective Owners of each lot <br /> shall have the right to obtain a couzt decree specifically <br /> enforcinq the terms of this agreement, includinq payment <br /> obligations. In the event of a lawsuit in connection with <br /> the enforcement of these easements, prevailinq parties shall <br /> be entitled to an award of reasonable attorneys' •fees and <br /> costs includinq fees and costs in any appeal. <br /> 10. Waiver. Failure at any time to require <br /> performance of any provision of this Declaration shall not <br /> limit a party' s riqht to enforce the provision. Any waiver <br /> of any breach of any provision shall not be a waiver of any <br /> succeedinq breach or a waiver of any provision of this <br /> Declaration. <br /> ! 11. Indemnities. Each Owner ahall defend, indemnify I <br /> and hold the other harmless from any claim, loss or <br /> liability arisinq out of or in connection with the Owners' <br /> own neqligence or failure to comply with the terms, <br /> restrictions and provisions of this Declaration. <br /> 12 . Effect of Invalidation. If any provision o£ this <br /> Declaration is held to be invalid or unenforceable for any <br /> reason, the validitX of the remaininq provisions of this <br /> Declaration shall not be affected thereby. <br /> �erties, L.L.C. , <br /> /wl p��- <br /> Thc J. Ga ey <br /> a�--- __��.��2� °x .�d�-- <br /> Richard . Johnson � Carolyn Joh n <br /> . <br />