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Easement shall be repaired and maintained in the manner determined by the owner of Outlot A, <br /> or their successor or assigns, and the owner of Lot 2 shall pay a proportional one-third (1/3) <br /> share of the costs and expenses incurred to repair and maintain the Gate. The owner of Outlot A <br /> shall have the right to make changes to the Gate Easement as set forth in Section 7 of the Gate <br /> Easement and the right to determine if the Gate will be left open or closed except for specific <br /> ingress or egress purposes. The owners of Lot 2 and Outlot A shall provide each other with a list <br /> of all people who have been given keys or any kind of entrance control to the Gate. <br /> 6. Owners of Lot 2 and Outlot A shall indemnify and hold harmless the other owner, <br /> and such owner's successors and assigns, and any lender that holds a lien covering any property <br /> affected by the easements herein granted, from and against all liability, claims, damages, suits, <br /> actions, costs and expenses of whatsoever nature (including reasonable attorney's fees) to <br /> persons or property caused by or arising out of such owner's use and/or operation of the <br /> Driveway Easement, or otherwise relating to such owner's rights and/or obligations hereunder. <br /> 7. Owners of Lot 2 and Outlot A shall use their best efforts to resolve any dispute <br /> arising out of or in any way related to this Declaration, its making, validity or interpretation <br /> (collectively a "Dispute"). Any Dispute which the owners are unable to resolve by negotiation <br /> shall be settled by arbitration in accordance with the rules of the American Arbitration <br /> Association then in effect; provided, however, such hearing shall not be conducted by the <br /> American Arbitration Association. If the owners of Lot 2 and Outlot A can agree on a single <br /> arbitrator, such arbitrator shall determine such matter. If the owners cannot decide on a single <br /> arbitrator within fifteen (15) days after notice of commencement of arbitration ("Commencement <br /> Date"), each owner shall select an arbitrator within thirty (30) days from the Commencement <br /> Date and the two arbitrators so selected shall select an additional arbitrator within forty-five (45) <br /> days from the Commencement Date and the arbitration hearing shall be held within sixty (60) <br /> days from the Commencement Date. In the event an owner fails to select an arbitrator within the <br /> time frame set forth herein, then the other owner shall have the right to petition the Minnesota <br /> State District Court, Fourth Judicial District, for the appointment of such arbitrator. The matter <br /> shall be decided by a majority of the arbitrators so selected, and the arbitrators shall render their <br /> decision within fifteen (15) days of the hearing. The arbitration hearing shall be held in <br /> Hennepin County, Minnesota. The arbitration award shall be final and binding on the owners <br /> and judgment thereon may be entered in any court having jurisdiction. Each owner shall be <br /> responsible for its own legal fees and other fees and costs associated with the arbitration <br /> proceeding. Notwithstanding the foregoing provisions of this Section 7, the arbitrator(s) shall <br /> have the right to award the prevailing owner fees, costs and disbursements in connection with <br /> such proceeding. <br /> 8. All notices required or permitted hereunder shall be in writing and shall be <br /> delivered, or mailed first class, postage prepaid to the appropriate owner at such owner's last <br /> known address, or at such other address as such owner may specify by written notice to the other <br /> owner, and such notices and other communications shall for all purposes of this Declaration be <br /> effective when personally delivered or two (2) days after deposit if sent by mail, as provided <br /> above. <br /> 9. All provisions of this Declaration, including the benefits and burdens, run with the <br /> land and are binding upon and shall inure to the benefit of the owners of Lot 2 and Outlot A <br /> hereto and their respective successors, assigns, licensees, invitees and tenants. <br /> 2 <br />