Common use of Right to Enforce Clause in Contracts

Right to Enforce. The Declarant or the Association shall have the right to enforce, by all appropriate legal and equitable proceedings, all conditions, covenants, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. It is hereby agreed that money damages are an inadequate remedy for breach of any of the conditions, covenants and restrictions contained herein, other than a default in the payment of any assessment when due. Every Owner and Occupant of a Parcel subject to these restrictions expressly waives the benefit of California Code of Civil Procedure Section 731 (a) and any other comparable statute or rule, and agrees that such violation or breach may be enjoined whether or not monetary damages may be provided or provable. Prior to commencing litigation, the requirements of California Civil Code Section 1354 relating to alternative dispute resolution shall be satisfied. EXHIBIT F -46- PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]