9.3       Notices.  Any notice permitted or required to be given this Declaration shall be in writing and may be delivered either personally or by mail.  If delivery is made by mail, it shall deemed to have been delivered on the third day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the person at the address given by such person to the Master Association for the purpose of service of notices.  Such address may be changed from time to time by notice in writing given by such person to the Master Association.

9.4       Interpretation.  The provisions of this Master Declaration shall be liberally construed to effectuate the purposes of creating a uniform plan for the development and operation of the Property and of promoting and effectuating the fundamental concepts of the Property set forth in this Declaration.  This Declaration shall be construed and governed under the laws of the State of Texas.

9.5       Mergers and Consolidations.  The Association may participate in mergers and consolidations with other non-profit corporations organized for the same purposes, provided that any such merger, consolidation or annexation shall have the consent (in writing or at a meeting duly called for such purpose) of those Members entitled o cast not less than two-thirds (2/3rds) of the votes of the Association.

9.6       Exemption of Declarant.  Notwithstanding any provision in this Declaration to the contrary, Declarant nor any of Declarant’s activities shall in any way be subject to the control of or under the jurisdiction of the Architectural Control Committee.  Without in any way limiting the generality of the preceding sentence, this Declaration shall not prevent or limit the right of Declarant to excavate and grade, to construct and alter drainage patterns and facilities to construct any and all other types of improvements anywhere within the Property, however, the construction of sales and leasing offices and the posting of sign advertising the sale and leasing of Lots by Declarant shall be limited to Lots owned by the Declarant.

9.7       Assignment by Declarant.  Notwithstanding any provision in this Declaration to the contrary, Declarant may assign, in whole or in part, any of its privileges, exemptions, rights and duties under this Declaration to any other person or entity and may permit the participation, in whole or in part, by any other person or entity in any of its privileges, exemptions, rights and duties hereunder.

9.8       Enforcement and Nonwaiver.

            (A)       Right of Enforcement.  Except as otherwise provided herein, any Owner at his own expense, Declarant and/or the Board shall have the right to enforce all of the provisions of the Calico Meadow Restrictions.  Such right of enforcement shall include both damages for, and injunctive relief against the breach of any such provision.

            (B)       Nonwaiver.  The failure to enforce any provision of the Calico Meadows Restrictions at any time shall not constitute a waiver of the right thereafter to enforce any such provision or any other provision of said restrictions.

            (C)       Liens.  The Master Association shall have the right, when appropriate in its judgment, to claim or impose a lien upon any Lot or Improvement constructed thereon in order to enforce any right or effect compliance with this Declaration.

9.9       Construction.

            (A)       Restrictions Severable.  The provisions of the Calico Meadows Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision or portion thereof.