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6. 1. F. - Page 69 Failure by the Association or by any Owner to enforce any covenant or restrictions herein contained shall in no event be deemed a waiver of the right to do so thereafter. (b) The Board may perform any act reasonably necessary to resolve any civil claim or action through alternate dispute resolution proceedings such as conciliation, mediation, binding arbitration, or non - binding arbitration. (c) Any arbitration required under this Section 10.1 will be conducted in accordance with the following rules and procedures: (1) If the subdivider is a party, the subdivider shall advance the fees necessary to initiate the arbitration, with the costs and fees, including ongoing costs and fees to be paid as agreed by the parties and if they can't agree as determined by the arbitrator(s) with the costs and fees of the arbitration to ultimately be borne as determined by the arbitrator(s). person(s). (2) The arbitration shall be administered by a neutral and impartial (3) A neutral and impartial individual(s) shall be appointed to serve as arbitrator(s), and the arbitrator(s) to be appointed within a specified period of time, which in no event shall be more than sixty days from the administrator's receipt of a written request from a party to arbitrate the claim or dispute. In selecting the arbitrator, the provisions of Section 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) Venue of the arbitration shall be in the county where the subdivision is located unless the parties agree to some other location. (5) The arbitration shall be promptly and timely commenced in accordance with (i) the rules of the arbitration, or if the rules don't specify a date by which the arbitration must commence, then (ii) a date as agreed to by the parties, and if they cannot agree, (iii) a date determined by the arbitrator(s). (6) The arbitration shall be conducted in accordance with the rules and procedures of the Streamlined or Comprehensive Rules and Regulations of JAMS. (7) The arbitration shall be prompt and timely concluded. (8) The arbitrators shall be authorized to provide all recognized remedies available in law or equity for any cause. Section 10.2 Pre - Litigation Requirements; Claims for Declaratory Relief or Enforcement of Condominium Documents Prior to initiating the prosecution of a civil action by the Association against any Owner(s) or by an Owner against the Association or any other Owner(s), the parties shall be subject to the following requirements in subsections (a) and (b) below. (a) With respect to any internal dispute between the Association and an Owner involving their rights, duties, or liabilities under the Davis Stirling Act, under the Nonprofit Mutual Benefit Corporation Law, or under this Declaration or the Condominium Documents, the Board shall develop fair, reasonable, and expeditious dispute resolution procedures in accordance with the requirements of Civil Code Sections 1363.810- 1363.850 (or defer to the default procedures in Section 59 CCRS -One Marina. docx