Skybrige Declaration

ARTICLE XII

OPERATING AGREEMENT

The Property is subject to and encumbered by the Operating Agreement. In the event of any conflict or inconsistency between the terms, provisions and exhibits of the Operating Agreement and the terms, provisions and exhibits of this Declaration, the terms, provisions and exhibits of the Operating Agreement shall govern and control, unless such conflict or inconsistency is required to conform this Declaration with any requirements of the Act, in which event the terms, provisions and exhibits of this Declaration and of the Act shall prevail. Each Unit Owner, by acceptance of a deed to a Unit, covenants and agrees that the obligations of the Operating Agreement which are imposed on the Unit Owners shall be the obligation of the Unit Owners collectively. Each Unit Owner agrees that the Association may perform the obligations on behalf of the Unit Owners collectively and each Unit Owner individually agrees to be responsible for that portion of the cost of performing such undertakings equal to the respective Unit Owner's percentage interest in the Common Elements. The Operating Agreement provides, among other things, for the allocation of certain responsibilities for ongoing care, maintenance, repair, replacement and operating of certain shared Building systems, facilities or other amenities, including the Garage. With respect to any costs and expenses (including reserves for capital expenditures) incurred by Unit Owners in the performance of such obligations or as a contribution toward the payment of such obligations, such costs, expenses and reserves shall be assessed to the Unit Owners as part of the assessments otherwise due and owning hereunder, the payment of which shall be enforced in the same manner as for other assessments provided herein. The Association reserves the right and power to enter into any amendments and modifications to such Operating Agreement from time to time on behalf of each Unit Owner, as attorney-in-fact, upon such terms and conditions therein contained as may be acceptable to the Association, in furtherance of such right to enter into amendments and modifications to the Operating Agreement, a power coupled with an interest is hereby reserved and granted to the Association, and each deed, mortgage, trust deed and other evidence of obligation, or other instrument affecting an Unit, and the acceptance thereof, shall be deemed a grant and acknowledgment of the power of the Association to make, execute and record such amendments and modifications to the Operating Agreement and to carry out all duties and obligations imposed thereunder. Without limitation on the foregoing terms, it is understood that the Declarant may exercise all rights, powers and privileges of the Association and may perform all of its functions pursuant to this Article XII prior to the election of the first Board of Directors by the Unit Owners pursuant to this Declaration. Notwithstanding anything to the contrary contained herein, and as also provided in the Operating Agreement, the provisions of this Declaration shall in no way abrogate or supercede the rights or obligations of the Commercial Tenant under the Commercial Lease (as such terms are defined in the Operating Agreement) to the extent of any inconsistency therewith.