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Lot 2 from time to time, and their respective heirs, successors, personal representatives and <br /> assigns. <br /> 3. Insurance. The owners of Lot 1 and the owners of Lot 2 shall each be responsible <br /> for carrying adequate insurance coverage to protect such owner from liability for events <br /> occurring on the Driveway Easement. <br /> 4. Mediation and Arbitration. Any dispute arising out of this Agreement shall be <br /> mediated by a third person mutually acceptable to both parties. The mediator's role shall be to <br /> help the parties arrive at a solution, not to impose one on the parties. If, within sixty (60) days <br /> after mediation is first requested by either party, the parties are unable to identify a mutually <br /> acceptable mediator, or efforts to arrive at a solution to all issues in the dispute with the help of <br /> a mediator prove to be fruitless, then either party may make a written request to the other that <br /> the dispute be arbitrated. This shall be done as follows: <br /> a. Either party may initiate arbitration by making a written demand for <br /> arbitration, defining the dispute and naming one arbitrator. <br /> b. Within five days from the receipt of this notice, the other party shall name <br /> the second arbitrator, and identify any additional dispute items. <br /> c. The two named arbitrators shall within ten days name a third arbitrator, <br /> who shall conduct the arbitration. <br /> d. Within 20 days after appointment of the third arbitrator, an arbitration <br /> meeting will be held. Each party may have counsel, and may present the <br /> evidence and witnesses pertinent. <br /> e. The arbitrator shall make his or her decision within five days after the <br /> hearing, which decision shall be in writing and shall be binding upon the <br /> parties, subject to a de novo appeal to the state district courts filed within <br /> sixty (60) days of delivery to both parties of the arbitrator's decision. <br /> f. If the party to whom the demand for arbitration is directed fails to <br /> respond in writing within five days, the other party must give an <br /> additional five days written notice of his intent to proceed. If there is no <br /> written response, the party initiating the arbitration may proceed with the <br /> arbitration before the arbitrator he has designated, and his award shall <br /> have the same force as if it had been settled by the third arbitrator. <br /> 5. Construction. The rule of strict construction does not apply to the easement <br /> created by this Declaration. This Declaration shall be given a reasonable construction so that <br /> the intention of the Declarant to confer a reasonably usable right of enjoyment on the owners of <br /> Lot 1 and Lot Z is carried out. <br /> 2 <br />