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6.1. B. - Page 70 <br />affairs of the Association. Any transfer of property shall be by document signed or approved by <br />two- thirds (2 /3rds) of the total voting power of the Association which shall include two- thirds (2 /3rds) <br />of the Members other than Declarant, or where the two (2) class voting structure is still in effect, <br />two- thirds (2 /3rds) of the Members of each class of Members. <br />J. Loans: The Board shall have the power to borrow money, and, only with the <br />assent (by vote or written consent) of two- thirds (2 /3rds) of the total voting power of the Association <br />including two- thirds (2 /3rds) of the Members other than Declarant, or where the two (2) class voting <br />structure is still in effect, two- thirds (2 /3rds) of the voting power of each class of Members, to <br />mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security <br />for money borrowed or debts incurred. <br />K. Dedication: The Board shall have the power to dedicate all or any part of the <br />Common Area to any public agency, authority, or utility for such purposes and subject to such <br />conditions as may be agreed to by the Members. No such dedication shall be effective unless an <br />instrument has been signed by two- thirds (2 /3rds) of the total voting power of the Association <br />including two- thirds (2 /3rds) of the Members other than Declarant, or where the two (2) class voting <br />structure is still in effect, two- thirds (2 /3rds) of the voting power of each class of Members, agreeing <br />to such dedication. <br />L. Contracts: The Board shall have the power to contract for goods and/or <br />services for the Common Area(s), for the Condominiums, or for the Association, subject to <br />limitations set forth in the Bylaws, or elsewhere in this Declaration. The Board shall not enter into <br />any contracts with an independent contractor until it meets the requirements of Section 8.1.A(3) <br />herein. <br />Notwithstanding anything in the Governing Documents to the contrary, the Board shall have <br />the powerto enter into, accept an assignment of, or otherwise cause the Association to complywith <br />the terms and provisions of an exclusive telecommunications services contract <br />( "Telecommunications Contract ") with a telecommunications service provider ("Service Provider "), <br />for Telecommunications Services, including, but not limited to, telephone services, television and <br />radio services, internet services and data communications services, pursuant to which the Service <br />Provider shall serve as the exclusive provider of Telecommunications Services to each <br />Condominium in the Project. The Board shall only enter into, accept an assignment of, or otherwise <br />cause the Association to comply with the terms and provisions of the Telecommunications Contract <br />if the Board determines, in its sole discretion that such action is in the best interests of the <br />Association. Although not exhaustive, the Board shall consider the following factors in making such <br />a determination: <br />(1) Initial Term and Extensions. The initial term of the <br />Telecommunications Contract should not exceed five (5) years, and, if the Telecommunications <br />Contract provides for automatic extensions, the length of each such extension should also not <br />exceed five (5) years. <br />(2) Termination. The Telecommunications Contract should provide that: <br />(i) at least six (6) months prior to the expiration of either the initial or any extended term of the <br />Telecommunications Contract, the entire membership of the Association may, without cause, by a <br />sixty percent (60 %) vote, prevent any automatic extension that the Telecommunications Contract <br />may provide for, and thereby allow the Telecommunications Contract to expire; and (ii) at any time, <br />the Board may terminate the Telecommunications contract if, in the sole discretion of the Board, the <br />Service Provider fails to provide quality, state -of- -the -art Telecommunications Services. <br />26 <br />03/06/12 <br />T:IWPW1N601PROJECTS1333 MAIN STREET OEC - DRAFTING FORM[7][03 06 12].doc <br />