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DSCC-57520\2494968.2 30 September 17, 2021 Prior to the commencement of any action by the Association, the Declarant or Owner to enforce the Governing Documents or the Commercial and Industrial Act, the Association, the Declarant or the Owner shall comply with the applicable requirements the dispute resolution procedures described in Article 11. 12.9 Term. The term of this Declaration shall be for a period of fifty (50) years from the date on which this Declaration is recorded in the records of Alameda County, California. After that time, this Declaration and each of its restrictions and covenants and other provisions automatically shall be extended for successive ten (10) year periods unless this Declaration is rescinded by the written consent of Owners holding a majority of the total voting power of the Association. The rescission shall be effective on recordation of a notice of rescission in the records of Alameda County, California. 12.10 Reserved Rights of Declarant. Declarant is recording this Declaration as part of the operation of a commercial development. No covenant or restriction contained herein shall be applied in any manner that would unreasonably interfere with Declarant’s rights to complete the construction or renovation of the Improvements and to sell the Improvements. The rights retained by Declarant during the construction and sales period include, but are not limited to, the right to: (i) maintain construction equipment, personnel and materials within the Development; (ii) use such portions within the Development as may be necessary or advisable to complete the construction, renovation or sales; (iii) maintain construction and/or sales offices within the Development and appropriate parking to accommodate the foregoing; (iv) maintain sale signs or other appropriate advertisements within the Development; and (v) allow prospective purchasers access to the Development. 12.11 Assignment by Declarant. Declarant may assign all or any portion of its rights and delegate all or any portion of its duties to any other Person and, from and after the date of such assignment and/or delegation, the Declarant shall have no further rights and/or duties hereunder with respect to the rights assigned and duties delegated. Any successor or assignee of rights and duties of the Declarant shall execute an instrument assuming the rights and duties of the Declarant assigned and delegated hereunder and thereafter shall be entitled to exercise all the rights of Declarant so assigned and shall be obligated to perform all the Declarant’s duties so delegated, provided such successor or assignee shall not be liable in any manner for any act or omission committed or omitted by the Declarant before the date the successor or assignee succeeded to the rights of the Declarant hereunder. 12.12 Attorneys’ Fees. Except as provided in Article 11, in the event of any litigation or alternative dispute resolution procedure regarding the rights or duties under the Governing Documents of the Association or any Member, the prevailing party in such proceeding, in the discretion of the judge or decision-maker, shall be entitled to recover costs, including reasonable attorneys’ fees. 12.13 Notices. Any notice permitted or required by the Governing Documents shall be considered received on the date the notice is personally delivered to the recipient or forty-eight (48) hours after the notice is deposited in the United States mail, first-class, registered or certified, postage fee prepaid and addressed to the recipient at the address that the recipient has provided the Association for receipt of notice or, if no such address was provided, at the recipient’s Condominium address in the Development. 12.14 No Enforcement Waiver. Failure to enforce a restriction in the past in and of itself shall not constitute a defense to any action brought against any Owner for violation of any restriction contained