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Amendment at the special meeting, neither PSD, LLC nor the Affiliated Entities (i) are estopped from; (ii) shall be deemed to have expressly or impliedly waived their right to; or shall otherwise be prohibited from, challenging the accuracy and validity of HRA's calculation and allocation of the current membership votes in the Master Association. If, however, the special meeting contemplated in Section 4(a) is held and at that special meeting 75% of the Members vote in favor of the adoption of the Second Amendment, PSD, LLC and the Affiliated Entities are deemed to have expressly waived their right to later challenge the accuracy or validity of HRH's calculation and allocation of the current membership votes in the Master Association as set forth on Exhibit F. Section 9. Additional Provisions (a) Run With Title. This Agreement shall run with title to the HRA Property and the Affiliated Entities' Property and inure to the benefit of and be binding upon all owners of the HRA Property and the Affiliated Entities' Property, their heirs, personal representatives and successors in title. Upon: (i) the recording of the Second Amendment in the office of the Anoka County Recorder and the Anoka County Registrar of Titles; (ii) the Anoka County Registrar of Titles confirmation that the Anoka County Registrar of Titles will omit the memorials of the Master Declaration and the Second Amendment from future Certificates of Title for the portions of the HRA Property that this Second Amendment releases from the Master Declaration; (iii) the recording of the Declaration in the office of the Anoka County Recorder and the Anoka County Registrar of Titles, the provisions of this Agreement, other than Section 7 (and provisions elsewhere in this Agreement, to the extent such provisions are necessary to establish the meanings of defined terms used in Section 7), shall terminate and be of no further force or effect. The provisions of Section 7 (and provisions elsewhere in this Agreement, to the extent such provisions are necessary to establish the meanings of defined terms used in Section 7) shall survive indefinitely. (b) Enforcement. The Parties to this Agreement have the right to enforce the terms of this Agreement in a legal or equitable action brought in a court of competent jurisdiction, and the prevailing party in any such action is entitled to recover from the opposing party the prevailing party's attorney's fees and costs. No waiver by either party of any default under this Agreement shall be effective or binding upon such party unless made in writing. No waiver of any default shall be deemed a waiver of any other or subsequent default hereunder. (c) Titles of Articles and Sections. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. (d) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (e) Governing Law. This Agreement is made in the state of Minnesota and shall be construed in accordance with the laws thereof. 5 4517963v7