DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
PAGE 45
ARTICLE IX (cont.)
(c) any right of setoff, counterclaim, apportionment, proration or contribution due to other insurance not carried by the Association;
(d) any invalidity, other adverse effect or defense due to any breach of warranty or condition caused by the Association, any Owner or any tenant of any Owner, or arising from any act or omission of any named insured or the respective agents, contractors and employees of any insured;
(e) any right of the insurer to repair, rebuild or replace, and, if the Improvement is not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less than the replacement value of the Improvements insured;
(f) notice of the assignment of any Owner of his interest in the insurance by virtue of a conveyance of any Condominium;
(g) any right to require any assignment of any Mortgage to the insurer;
(h) any denial of an Owner's claim because of negligent acts by the Association or other Owners; and
(i) prejudice of the insurance by any acts or omissions of Owners that are not under the Association's control.
ARTICLE X
10. Destruction of Improvements.
10.1. Restoration of the Property.
Except as otherwise provided in this Declaration, if any destruction of any portion of the Property which the Association is responsible for repairing or replacing occurs, the Association shall restore and repair the same to its former condition as promptly as practical. The Association shall use the proceeds of any insurance maintained pursuant to Article IX hereof for reconstruction or repair of the Property unless otherwise provided herein. The Board may have prepared the necessary documents to effect such reconstruction as promptly as practical. The
Property shall be reconstructed or rebuilt substantially in accordance with the Condominium Plan and the original construction plans if they are available, unless changes recommended by the Architectural Committee have been approved in writing by sixty-seven percent (67%) of the Owners and by the Beneficiaries of fifty-one percent (51%) of first Mortgages upon the Condominiums. If the insurance proceeds amount to at least eighty-five percent (85%) of the estimated cost of restoration and repair, the Board shall levy a Reconstruction Assessment to provide the additional funds necessary for such reconstruction. If the insurance proceeds amount to less than eighty-five percent (85%) of the estimated cost of restoration and repair, the Board