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Section 8 Civil Action or Dispute B,~tween Association and ~eGlarant: Before an Association commenc,~s an action for damages against the Declarant based upon a claim f~,r defects in the design or construction of t~e c~m~,on interest ¢!evelopment, all of the requirements of California Civil Code Section 1375 must be met including, but not limited to, written no~ice to the builder, and an attempt to settle the dispute or sram it it to alternative dispute resoiution~% In the event ~,ny provision of this Declaration is interpreted to require arb~ tration of a dispute or claim between a homeowner and the Declarant, the following rules and procedures shall a~ply to the arbitra~on: (1) The Subdivider-Declarant shall advance the fees necessary to initiate the arbitration, with the colts and fees, including ongoing costs and fees to be paid as agree.~ by the parties and if they cannot agree as dWterminedby the arbi~rator(s) with the costs and fees of the arbitration to ultimately k~ borne as determined by the arbitrator(s); ~ (2) The arbitratioh shall be administered by a neutral and impartial person (s); ~ ~ (3) A neutral and impartial indivi (s) shall be appointed to serve as arbitrator(s), with the arbitrgtor(s) to be appointed within sixty days from the administrator'~ receipt of a written requent from a party to arbitrate the dlaim or dispute. In selecting the arbitrator, the provisions of ~ection 1297.121 of the Code of Civil Procedure shall apply. An arbitrator may be challenged for any of the grounds listed therein or in Section 1297.124 of the Code of Civil Procedure; (4) The arbitration shall take pl ace within the City of San Jose unless the parties agree to some other location; (5) The arbitration shall co~nc~ in prompt and timely fashion, in accordance with (i) the rules of the ~bitration, or if the rules do not specify a date by which the arbitration must c~nce, then (ii) a ~te as agreed to by t~e Darties, and if they cannot agree, (iii) a date determined by th, arbitrator; (6) The arbitration shall be conduc~ md in accordance with the current c~ercial arbitration r~les ~d procedures of the American Arbitration Association to ensurel rules and procedures which are reasonable and fair to the partie~l; (7) The arbitration shall be concluded in prompt and timely fashion; 45