09/16/2014 - legal doc. on easement

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hereof, and the remaining provisions shall continue in full force and effect at the same extent as would have been the case had such invalid or unenforceable provision or portion never been a part hereof. 6. Enforcement Except as otherwise permitted in Sections 7 or 8 below, any controversy or dispute between the Owner of the Benefited Property and the Owner of the Burdened Property involving the meaning of the language or any term or condition of this Declaration shall be settled by arbitration in accordance with the arbitration rules of the American Arbitration Association by a single arbitrator. The arbitration proceeding shall be held in the Association's office in Minneapolis,Minnesota or at such other place as agreed to by the parties. The arbitrator shall have the right, to be exercised in the discretion of the arbitrator, to award attomey fees and costs to the opposing party if the arbitrator determines that any party to any dispute or disagreement in connection with this Declaration has acted in bad faith with respect to this Declaration, the dispute, or the arbitration. Judgment upon the award rendered by the arbitra�or may be entered in any Court of appropriate jurisdiction. Notwithstanding the foregoing, any person subject to this Declaration,or with any rights hereunder,shall have the right to seek from any Court of competent jurisdiction equitable or provisional remedies (including temporary restraining orders, temporary injunctions, and the like)prior to or after any arbitration proceeding. 7. Self-Help. If the Owner of the Navane Property (i.e. Defaulting Party) fails to perfortn its obligations under Section 3 of this Declazation within fifteen (15) days after written notice of default from the Owner of the Lehman Lagoon Property(i.e.Non-Defaulting Party),then the Non-Defaulting Party shall have the right, but not the obligation, to cure such default by the payment of money or the performance of some other action for the account of and at the expense of the Defaulting Party (subject to the cost sharing provisions of Section 3 of this Declaration); provided,however,that(i)prior to curing such default,the Non-Defaulting Party shall deliver not less than ten (10) days prior written notice to the Defaulting Party of the Non-Defaulting Party's election to cure such default,except in an emergency condition,and(ii)in the event the default shall constitute an emergency condition, the Non-Defaulting Party, acting in good faith, shall have the right to cure such default upon such advance notice as is reasonably possible under the circumstances or,if necessary in the case of emergency,without advance notice,so long as notice is given as soon as possible thereafter. To effectuate any such cure,a Non-Defaulting Pariy shall have the right to enter upon the Parcel of the Defaulting Party to perform any necessary work or furnish any necessary materials or services to cure the default of the Defaulting Party. In the event any Non- Defaulting Party shall cwe a default,the Defaulting Party shall reimburse the Non-Defaulting Party within ten(10)days of receipt of demand,together with reasonable documentation supporting the expenditures made, for all out-of-pocket costs and expenses incurred in connection with such curative action{subject to the cost sharing provisions of Section 3 of this Declazation). 8. Lien Rights.Unpaid costs accruing pursuant to Section 3 or Section 7 shall constitute a lien against the Defaulting Party's Parcel. The lien shall attach and take effect only upon,and have priority from and after,recordation of a claim of lien against the Parcel in question in the office of the Registrar of Titles for Hennepin County, Minnesota.by the Non-Defaulting Party making the claim. The claim of lien shall include the following: (i) The name of the lien claimant; ��s9os�s 5