Abatement and Suit. Violation or breach of any restriction herein contained shall give to Declarant the right to enter upon the Property upon or as to which said violation or breach exists and summarily to xxxxx and remove at the expense of the Owner, Lessee or occupant thereof any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. In addition, every Owner of a Site shall have the right, in the event of violation or breach of any restriction herein contained, to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or to recover damages for said violation. All remedies provided herein or at law or in equity shall be cumulative and not exclusive.
Abatement and Suit. The regulations and restrictions herein contained shall run with the land and be binding upon and inure to the benefit of Landlord, the Tenant, Subtenants and the Occupants of every Building Site. These regulations and restrictions may be enforced as provided hereafter by Landlord acting for itself, and the Architectural Review Committee on behalf of Landlord or all Tenants. Each Tenant, by acquiring an interest in the Land, irrevocably appoints Landlord and the Architectural Review Committee as its attorney-in-fact for such purposes; provided, however, that if a Tenant or Subtenant notifies Landlord in writing of a claimed violation of these Regulations and Restrictions and fails to take effective action within thirty (30) days after receipt of such notification, then, and only in that event, a Tenant or Subtenant may separately, at its own cost and expense, enforce these Regulations and Restrictions as herein provided. All Tenants and Subtenants seeking to enforce these Regulations and Restrictions shall be bound by all waivers issued by the Landlord. Violation or breach of any restriction herein contained shall give to Landlord the right to enter the Building Site upon or as to which said violation or breach exists and to summarily xxxxx and remove, at the expense of the Tenant or Subtenant thereof any Improvement or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, and to prosecute an appropriate proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these Regulations and Restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation. In any legal or equitable proceeding for the enforcement or to restrain the violation of these Regulations and Restrictions or any provisions hereof, the losing party or parties shall pay the attorney’s fees of the prevailing party or parties, in such amount as may be fixed by the court in such proceedings. All remedies provided herein or at law or in equity shall be cumulative and not exclusive.
Abatement and Suit. Violation of any restriction herein contained shall give to Prudential and every Owner the right to enter the property upon or as to which said violation or breach exists and to summarily xxxxx and remove at the expense of the Owner thereof, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages from said violation. In any legal or equitable proceeding for the enforcement of this Declaration the losing party or parties shall pay the attorneys' fees of the prevailing party or parties, in such amount as may be fixed by the court in such proceedings. All remedies provided herein or at law or in equity shall be cumulative and not exclusive.
Abatement and Suit. The conditions, convenants, restrictions and reservations herein contained shall run with the real property, and shall be binding upon and inure to the benefit of the DECLARANT, and the Owners of every Site on the real property. These conditions, convenants, reservations and restrictions may be enforced as provided hereinafter by DECLARANT acting for itself or as DECLARANT acting as trustee, on behalf of all of the Owners of Sites. Each Owner by acquiring an interest in a Site shall appoint irrevocably the DECLARANT as its attorney-in-fact for such purposes; provided, however that if an Owner of a Site notifies DECLARANT of a claimed violation of these conditions, convenants, restrictions and reservations in writing and DECLARANT fails to act within sixty (60) days after receipt of such notification, then, and in that event only, an Owner may separately, at its own cost and expense, enforce the conditions, covenants, restrictions and reservations herein contained and have all of the remedies provided for in Section 7.2 hereafter.
Abatement and Suit. Violation or breach of any restriction herein contained shall give to the Developer and every Owner, subject to these Restrictive Covenants, the right to prosecute a proceeding at law or in equity against the Owner who has violated, is attempting to violate or is permitting the violation on its Lots of any of these restrictions, including, without limitation, actions to enjoin or prevent such Owner from doing so, to cause said violation to be remedied, or to recover damages for said violation.
Abatement and Suit. Violation or breach of any restriction herein contained shall give to Grantor the right to enter upon the property or as to which said violation or breach exists and to summarily abatx xxx remove at the expense of the Owner, lessee or occupant thereof, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied or to recover damages for said violation.
Abatement and Suit. 10.1.1 Subject to the restrictions set forth in this Declaration and those imposed by law, the violation or breach of any covenant, condition, restriction or provision contained in the Controlling Documents shall give Declarant and its agents, employees, representatives and contractors the right to enter upon such portion of the Project upon or as to which said violation or breach exists and to summarily axxxx and remove, at the expense of the Owner thereof, any structure, thing or condition that may be or exist thereon contrary to the intent and meaning of the Controlling Documents.
Abatement and Suit. The Owner of each Lot shall be primarily liable, and the Occupant, if any, secondarily liable for the violation or breach of any term, covenant, condition or restriction contained in this Declaration. Violation or breach of any provision shall give to the Declarant and/or an aggrieved Owner or Occupant, following a 30-day written notice to the Owner or Occupant, except in emergency circumstances, the right, but not the obligation, to enter the Lot where the alleged violation or breach exists and to summarily xxxxx and/or remove without breach of the peace, at the Owner's or Occupant's expense, any Improvements or condition that may exist in violation of this Declaration. The Declarant and/or an aggrieved Owner or Occupant shall have the right to seek any remedy in a court of law against the person in violation or who is attempting to violate any provisions of this Declaration and to enjoin or prevent them from doing so, to cause said violation to be remedied, or to recover damages for said violation. No entry by the Declarant nor its agent shall be deemed a trespass, and neither the Declarant nor its agents shall be subject to liability for entry or any action taken to remedy or remove a violation. The cost of any such remedy or removal shall be the binding personal obligation on any Owner or Occupant in violation of any provision.
