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10.9 Effect of Acts Not Within Association's Control. All policies of insurance maintained by the Association shall provide that the coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner or Eligible Mortgagee, unless acting within the scope of authority on behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. SECTION 11 RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN 11.1 Reconstruction. Any repair or reconstruction shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved, unless otherwise determined by the ACC, in its sole discretion. Notice of substantial damage or destruction shall be given pursuant to Section 17. 11.2 Condemnation and Eminent Domain. In the event of a taking of any part of the Property by condemnation or eminent domain, notice shall be given pursuant to Section 17. Eligible Mortgagees shall be entitled to priority for condemnation awards in accordance with the priorities established by the Governing Documents, as their interests may appear. 11.3 Notice. All Eligible Mortgagees shall be entitled to receive notice of any condemnation proceedings or substantial destruction of the Property, and the Association shall give written notice thereof to an Eligible Mortgagee pursuant to Section 17. SECTION 12 EASEMENTS 12.1 Easement for Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Units for the purposes of maintenance, repair, replacement and reconstruction of the Units, and utilities serving the Units, to the extent necessary to fulfill the Association's obligations under the Governing Documents. 12.2 Utilities Easements. The Property shall be subject to non-exclusive appurtenant easements for all utilities, storm sewer, water and sewer, and similar services, which exist from time to time, as constructed or referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to a non-exclusive easement in favor of the other Units for all such services, including without limitations any sewer or water lines servicing other Units. Each Unit shall also be subject to an exclusive easement in favor of the Association and 28 Version for Council 05/22/2019