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D 0 A U <br />sale or transfer in lieu of foreclosure other than Assessments based on obligati ac u, o <br />defaults hereunder arising prior to the date of such foreclosure or transfer in lieu of foreclosure. <br />ARTICLE 5 <br />GENERAL PROVISIONS <br />5.1 Enforcement. Each Lessee, or successor thereto shall have the right to enforce, by <br />any proceeding at law or in equity, all restrictions, conditions, covenants, easements, and <br />reservations now or hereafter imposed by the provisions of this Declaration, and in such action <br />shall be entitled to recover reasonable attorneys' fees in such amount as are ordered by the court. <br />Failure of any Lessee to enforce any covenant or restriction in this Declaration shall in no event <br />be deemed a waiver of the right to do so thereafter. <br />5.2 Invalidity of Any Provision. Should any provision or portion of this Declaration <br />be declared invalid or in conflict with any applicable law, the validity of all other provisions and <br />portions hereof shall remain unaffected and in full force and effect. <br />5.3 Term; Covenants Run with the Land. The easements created by and the <br />covenants and restrictions of this Declaration shall run with and bind the Property in perpetuity, <br />and shall inure to the benefit of and shall be enforceable by the Lessee of any property or interest <br />subject to this Declaration with respect to their regulatory interests, and the Lessee's respective <br />legal representatives, heirs, successors, subtenants and assigns. It is intended that the covenants, <br />easements, agreements, promises and duties of each Lessee set forth in this Declaration shall be <br />construed as covenants and not as conditions, and that, to the fullest extent legally possible, all <br />such covenants shall run with the land or constitute equitable servitudes as between the Parcel of <br />the respective covenantor, as the servient tenement, and the Parcel of the respective covenantee, <br />as the dominant tenement. The provisions of this Section are subject to all of the provisions of <br />Section 5.4. <br />5.4 Amendments. This Declaration may only be amended in a writing executed by <br />the Lessees. Any amendment must be recorded and shall become effective upon being recorded <br />in the Official Records. <br />(a) BART Approval Rights. Notwithstanding the above, this Declaration <br />shall not be amended in any way or terminated without the prior written approval of BART. <br />(b) Mortgagee Approval Rights. Notwithstanding the above, this Declaration <br />shall not be amended or terminated without the prior written approval of each Mortgagee holding <br />a Mortgage on a Lessee Parcel. <br />(c) Limited Partner Approval Rights. Notwithstanding the above, this <br />Declaration shall not be amended or terminated without the prior written approval of the Family <br />Limited Partner, which approval shall not be withheld unreasonably. Failure of the Family <br />Limited Partner to respond in writing within forty-five (45) business days of receipt of a written <br />request for approval of an amendment to or termination of this Declaration, either by approving <br />the amendment or termination or by stating specific reasons for withholding approval, shall be <br />23 <br />