Whilst The Village Green remains registered proprietor of any section it reserves the right to itself (with the intent that this right does not ensure to its successors in title) to waive or modify any of the above covenants, but it will only do so, if in its opinion such action does not impinge on the integrity of the subdivision in its entirety.
The Village Green shall only be liable in respect of the stipulations and restrictions which occur while it is the registered proprietor of the servient tenements and will not be liable because of any action it takes or fails to take or for any default in any building erected on any of the sections or at all as a result of these restrictions or otherwise and the registered proprietors for the time being of the servient and dominant tenements shall indemnify and keep indemnified THE VILLAGE GREEN from any costs claims suits demands or liabilities or otherwise howsoever arising out of or under or by virtue of this instrument in respect of any of the servient tenements which have been transferred by it to another registered proprietor.
If any dispute or difference arises between servient and dominant tenement owners in relation to these covenants including as to what may constitute a breach of these covenants or to the meaning or interpretation of these covenants, whilst The Village Green is the owner of any dominant tenement then the same shall be referred to The Village Green for resolution whose decision shall be final.
In the event that the Purchaser or any subsequent servient tenement owner is in breach of any of these covenants they shall on request from the Grantee or any subsequent dominant tenement owner (any of whom are included in the expression “Enforcer” in this clause) immediately and permanently desist from and remedy any such breach at their cost. The Purchaser or any subsequent servient section owner shall also pay to the Enforcer:
The Enforcer’s costs, fees and charges incurred in respect of ensuring compliance with these restrictive covenants including any costs, fees and charges Incurred in dealing with any claims against the Purchaser by third parties arising from such breach, plus a 50% liquidated damages surcharge; and the costs, fees and charges of any other person entitled to enforce the remedies.