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DAMAGES: In the event any part of the driveway is damaged by vehicles, equipment, or <br /> otherwise, other than normal wear and tear, the owner of the parcel to which the vehicles, etc., were <br /> accessing when the damages occurred shall be responsible solely for repair of such damages. <br /> DECISIONS: Decisions respecting maintenance of the driveway, contracting for maintenance, <br /> or snow plowing shall be by mutual agreement of the owners of Parcel A and Parcel B. In the event <br /> the owners of Parcel A and Parcel B are unable to resolve any matter which is subject to this <br /> agreement, the issue shall be settled by arbitration. Arbitration may be initiated by any owner <br /> delivering a written demand for arbitration to the other affected owner(s). Within five days of such <br /> demand, the owners shall meet and agree upon a single arbitrator who will determine the issue. If <br /> the owners are unable to agree on a single arbitrator, the owner of each parcel, within an additional <br /> seven days, shall each appoint an arbitrator. If the arbitrators so appointed are unable to determine <br /> the issue, they shall appoint a third arbitrator and all of the arbitrators so chosen, shall determine the <br /> issue by majority vote The issue determined by arbitration shall be binding on the parties and <br /> enforceable in accordance with Wisconsin Statute Chapter 788. If an owner fails or refuses to <br /> appoint an arbitrator timely in accordance with this provision, the issue in controversy shall be <br /> determined by the arbitrator appointed by the other affected owner(s) and such determination shall <br /> be binding on all affected owners. <br /> BINDING EFFECT: This easement and agreement is granted for the mutual benefit of the <br /> owners of Parcel A and Parcel B, and their respective successors, and shall run with the land. This <br /> easement and agreement is binding on the undersigned, their personal representatives, heirs, <br /> successors, and assigns. <br /> Dated this 14' day of October, 2009. <br /> Donald C. Henderson Gelftrude Henderson <br /> STATE OF WISCONSIN ) <br /> ) ss. <br /> COUNTY OF DANE <br /> Personally came before me, this thday of October, 2009, the above named Donald C. <br /> Henderson and Gertrude Henderson, to me known to be the persons who executed the foregoing <br /> instrument and acknowledged the same. <br /> ODE �,, U Kl- Notary Public <br /> Dane County, Wisconsin <br /> My commission expires: L l-1 1-3/ _o I.) <br /> This instrument dratted by. / <br /> Attorney Jay D Moretti <br /> P3pe3or 3 <br />