Rec Doc 2016-099081 CONF The Grove Declaration of Restrictions (CC&Rs)

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(iv) each party shall bear its own attorneys' fees (including expert costs) for the arbitration; (v) the arbitrator shall be appointed within 60 days of the arbitrators receipt of a written request to arbitrate the dispute. In selecting the arbitrator, the provisions of section 1297.121 of the Code of Civil Procedure shall apply. The arbitrator appointed to serve shall be a neutral and impartial individual. The arbitrator may be challenged for any of the grounds listed therein or in section 1297.124 of the Code of Civil Procedure; (vi) the arbitrator may require one or more pre -hearing conferences; (vii) the parties shall be entitled to discovery to the extent allowed by section 1283.05 of the Code of Civil Procedure; (viii) the arbitrator shall be authorized to provide all recognized remedies available in law or equity, provided that the arbitrator is not authorized to award punitive damages; (ix) the arbitrator in his or her discretion may award costs for the initiation fee and the arbitrator's fees to the party that the arbitrator determines was the prevailing party; (x) the arbitrator's decision shall be final and binding on the parties unless corrected or validated under the grounds authorized in Code of Civil Procedure section 1286.2 or 1286.6; and (xi) the arbitrator's decision may be enforced in any court of competent jurisdiction. If any provision of this Section 2 shall be determined to be unenforceable or to have been waived, the remaining provisions shall be deemed to be severable therefrom and enforceable according to their terms. Notwithstanding anything to the contrary, if any party determines in good faith that not all necessary and appropriate parties, including, but not limited to, contractors, subcontractors, design professionals, and/or material suppliers, will participate in the arbitration in order to accomplish a complete and final resolution of the Claim, this party shall notify the other parry or parties in writing identifying the parties that will not participate; and thereafter all parties to the Claim shall be released from any obligation to participate in the arbitration, and any party may file a lawsuit in any court of competent jurisdiction to resolve the Claim. 3. Agent for Services of Claim Notice. Notice of any Claim against Declarant or any affiliated general contractor or affiliated contractor who is a "builder" within the meaning of Civil Code section 911, including Civil Code sections 896 and 897 claims, or requests for information including requests for copies of the documents described in Section 4, shall be served on Declarant's agent via certified mail, overnight mail or personal delivery. The name and address of Declarant's agent for this purpose is: The Grove - Claims Procedure Agent 21771 Stevens Creek Boulevard, Suite 200A Cupertino, CA 95014-1175 If the notice cannot be served on Declarant's agent at the above -referenced address because the agent is no longer located at the address or the agent has changed and Declarant has not provided the Claimantwith an updated address or the name and/or address of the new agent, the Claimant may serve the claim notice on Declarant's agent for notice under Civil Code section 912(e) on file with the California Secretary of State's office in Sacramento, California. The current telephone number and website for the Secretary of State's office are: (916) 653-6814 and www.sos.ca.gov. Written request can be mailed to the California Secretary of State, Special Filings, P.O. Box 944260, Sacramento, California, 94244-2600. If the Claim notice is served via mail, it shall be assumed received by Declarant on the third business day following deposit into the U.S. Mail. If delivered via overnight mail, such as Federal Express or UPS, it EDNB\53295\996553.3 4 August 18, 2016