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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Wyndham Park Declaration Page 16 typographical errors or obvious factual errors the correction of which would not impair the interest of any Lot Owner or mortgagee. Section 2. Method to Amend. An amendment to these Covenants, adopted with the consents hereinbefore provided, shall be executed with the same formalities as these Covenants by two officers of the Association and shall contain their certification that the amendment was duly adopted in accordance with the foregoing provisions. Any amendment adopted by the Declarant or a duly empowered successor Declarant pursuant to authority granted it pursuant to these Covenants shall be duly executed by them with the same formalities as the execution of these Covenants and shall contain the certification of such signers that such amendment is made pursuant to authority vested in the Declarant or any duly empowered successor Declarant by these Covenants. Any amendment duly adopted and executed in accordance with the foregoing provisions shall be effective upon the filing of the same with the Recorder of Delaware County, Ohio. ARTICLE X. GENERAL PROVISIONS Section 1. Covenants Running with the Land. The covenants, conditions, restrictions, easements, reservations, liens and charges created hereunder or hereby shall run with and bind the land, and each part thereof, and shall be binding upon and inure to the benefit of all parties having any right, title or interest in or to all or any part of the Subdivision, and the Association and the Declarant and their respective heirs, executors, administrators, successors and assigns. Section 2. Enforcement. In addition to any other remedies provided in these Covenants, the Declarant, the Association, and each Lot Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens and charges set forth herein or in the Articles of By-Laws or now or hereafter imposed by or through the Association's rules and regulations. Failure by Declarant, the Association or by any Lot Owner to proceed with such enforcement shall in no event be deemed a waiver of the right to enforce at a later date the original violation or a subsequent violation, nor shall the doctrine of laches nor any statute of limitations bar the enforcement of any such restriction, condition, covenant, reservation, easement, lien or charge. Further, the Association and each Lot Owner shall have rights of action against each other, and the Declarant shall have a right of action against each Lot Owner, for failure to comply with the provision of the Association Organizational Documents, rules and regulations, and applicable law, and with respect to decisions made pursuant to authority granted thereunder, and the Association and the Declarant shall have the right to assess reasonable charges against a Lot Owner who fails to comply with the same, including the right to assess charges for the costs of enforcement and arbitration (including, without limitation, attorneys' fees not prohibited by law). Notwithstanding the foregoing, in the event of any dispute between the Association and any Lot Owner or Occupant, other than with regard to assessments, that cannot be settled by an agreement between them, the matter shall first be submitted to arbitration in accordance with and pursuant to the arbitration law of Ohio then in effect, by single independent arbitrator selected by the Board. Section 3. Severability. Invalidation of any one or more of these covenants, conditions, restrictions or easements by judgment or court order shall in no way affect any other provisions, which provisions shall remain in full force and effect. Section 4. Gender and Grammar. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the
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