I certify that the information contained in this Application, including supporting documentation, is an accurate representation of the proposed Modification. I also certify that the Modification, if approved, will be completed in accordance with the approved Application. I understand that work is not to begin until written approval has been received from the ARC.
DECLARANT, THE ASSOCIATION, THE ARC, THE BOARD, AND THE RESPECTIVE OFFICERS, AGENTS, MANAGERS, PARTNERS, DIRECTORS, SUCCESSORS, OR ASSIGNS OF THE FOREGOING, ARE NOT LIABLE IN DAMAGES OR OTHERWISE TO ANYONE WHO SUBMITS MATTERS FOR APPROVAL TO ANY OF THE AFOREMENTIONED PARTIES, OR TO THE OWNER(S) SUBMITTING THIS APPLICATION BY REASON OF MISTAKE OF JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL, DISAPPROVAL, OR FAILURE TO APPROVE OR DISAPPROVE OF ANY MATTERS REQUIRING APPROVAL. APPROVAL BY THE ARC, THE BOARD, THE ASSOCIATION, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, MANAGERS, SUCCESSORS, OR ASSIGNS, IS NOT INTENDED AS ANY KIND OF REPRESENTATION, WARRANTY, OR GUARANTEE AS TO COMPLIANCE WITH LOCAL OR STATE LAWS AS TO THE INTEGRITY OR WORKABILITY OF THE PLANS OR AS TO THE CONTRACTORS USED.
OWNER(S) AGREE TO HOLD HARMLESS DECLARANT, THE ASSOCIATION, AND THE ASSOCIATION’S MANAGEMENT COMPANY, INCLUDING THEIR RESPECTIVE COMMITTEES, OFFICERS, AGENTS, MANAGERS, PARTNERS, DIRECTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS (“RELEASED PARTIES”), AND RELEASE THEM FROM ANY LIABILITY IN CONNECTION WITH (i) THE APPROVAL, DISAPPROVAL, OR FAILURE TO APPROVE OR DISAPPROVE ANY MATTERS REQUIRING APPROVAL PER THE DEDICATORY INSTRUMENTS FOR THE PROPERTY, AND (ii) THE EXISTENCE, PLACEMENT, CONSTRUCTION, DESIGN, OPERATION, REPLACEMENT, AND MAINTENANCE RELATED TO THE PROPERTY (“RELEASED MATTERS”), AND AGREE TO INDEMNIFY SUCH RELEASED PARTIES FROM ANY LIABILITY RELATED TO THE RELEASED MATTERS.