Miscellaneous

None of Declarant, the Association, the Board, the Manager, an agent, or employee of any of the same shall be liable to any Person for any action or for any failure to act with respect to any matter related to the Governing Documents if the action taken or failure to act was in good faith and without malice. Such parties shall additionally be entitled to indemnification by the Association to the extent required under applicable law or any Governing Document.

Except as otherwise provided herein, this Declaration shall inure to the benefit of Declarant, the Association, and each Owner and shall be binding upon Declarant, the Association, each Owner, and their respective heirs, devisees, personal representatives, successors and assigns.

A determination of invalidity of any one or more of the provisions or conditions hereof, or any portion thereof, by judgment, order or decree of a court shall not affect in any manner the other provisions or portions of provisions hereof which shall remain in full force and effect.

The captions and headings in this Declaration are for convenience only and shall not be considered in construing any provisions of this Declaration.

The use of the masculine gender in this Declaration shall be deemed to include the feminine and neuter genders and the use of the singular shall be deemed to include the plural, and vice versa, whenever the context so requires.

Failure to enforce any provisions of the Governing Documents shall not operate as a waiver of any such provision or of any other provision of the Governing Documents. The Association expressly reserves the right to enforce, against each and every Owner, each provision of the Governing Documents.

The name and address of the person to receive service of process for the Starling Community Association, Inc. shall be the registered agent on file with the Montana Secretary of State at the time of such service of process.

The Declarant expressly makes no warranties or representations concerning the Property, the Lots the Declaration, the Articles, the Bylaws, the Rules and Regulations, the Design Manual, or deeds of conveyance except as specifically set forth therein.

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