BML Covenants

10.              LIABILITY FOR DAMAGE

10.1 Liability of Declarant and the Association. Neither the Declarant nor the Association, shall be liable for injury or damage to a person or property caused by the elements, by any Owner or by any other person, or resulting from any utility, rain, snow or ice which may leak or flow from any portion of the Common Areas or Community Common Areas or from any pipe, drain, conduit, appliance, equipment, the responsibility for the maintenance of which is that of the Declarant or the Association, nor shall the Declarant or the Association be liable to any Owner or Resident for loss or damage, by theft or otherwise, of any property which may be located within the Common Areas or the Community Common Areas. No diminution or abatement of Charges shall be claimed or allowed by reason of any alleged failure of the Declarant or the Association to take some action or perform some function required to be taken or performed under this Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsi­bility of the Declarant or Association or from any action taken by such owner to comply with any law, ordinance, order or directive of any municipal or other governmental authority.                                                                                                         å

10.2   Owners’ and Residents' Responsibilitv for Damage. Owners or Residents, members of their families and their guests assume all risk of loss or damage to person or property in using the Common Areas or Community Common Areas. All Owners and Residents agree to indemnify and hold the Declarant and the Association harmless from and against any claim for injury, loss, or damage by any guest or member of an Owner or Resident's family.

Each Owner or Resident shall be liable for the uninsured cost and expense of any maintenance, repair, or replacement of any portion of the Common Areas or Community Common Areas or property of the Declarant or Association, necessitated by his negligent or intentional act or omission. The negligent or intentional act or omission of an Owner's or Resident's family members, guests, tenants, licensees, or invitees shall be deemed to be the act of the Owner or Resident, and such persons shall be held jointly and severally liable with such Owner or Resident.

The Association shall submit a bill to the responsible Owner or Resident for all amounts payable to the Declarant or the Association under this Section 10.2, which amounts shall be enforceable as a claim for money damages against such Owner or Resident.

Any loss, damage, or destruction caused by an Exchange User to any Common Area or any property of the Declarant or the Association, or any violation of the Association Instruments by the Exchange User, shall be remedied by the Association, and the cost thereof, to the extent not covered by insurance or recovered from the Exchange User, shall be a Common Expense and shall be shared by all Owners as a part of their Annual Assessment.

Any loss, damage, or destruction caused by an Exchange User to any Community Common Area or any property of the Declarant or a Community Association, or any violation of the Community Declara­tion or By-Laws of the Community Association by the Exchange User, shall be remedied by the Association, and the cost thereof, to the extent not covered by insurance or recovered from the Exchange User, shall be a Community Expense and shall be shared by all Owners in the affected Community as a part of their Annual Assessment.

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