DCPZP-2016-00422 - Laserfiche WebLink

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12.1. A Party shall file a petition with the Dane County Circuit Court asking for the appointment of the arbitrator by the Dane County Circuit Court. 12.2. The other Party or Parties shall be entitled to be heard by the Court as to the arbitrator to be appointed. 12.3. The arbitrator shall be a retired or reserve judge or a lawyer having reasonable expertise as to real estate law. The arbitration shall be conducted under rules set by the arbitrator that are reasonably similar to the rules of the American Arbitration Association ("AAA"), but without employing any services of the AAA. If arbitration is brought to enforce this Easement, the prevailing Party shall be entitled to recover their costs, including the costs of arbitration, including the fees of the arbitration and the filing fee for the petition seeking appointment, and reasonable attorney fees, from the nonprevailing Party. 13. Severability. All the covenants, conditions or terms of this Easement shall be deemed severable. The invalidity or unenforceability of any provision hereof shall not affect or impair the validity or enforceability of any other provision hereof. 14. Construction. The headings herein are intended for convenience only and shall not be construed to have any substantive effect with respect to this Easement. Words used herein shall be deemed to include singular and plural, and any gender as the context requires. The rule requiring written instruments to be construed against the preparer shall not apply to this Easement. 15. Not a Public Dedication. Nothing contained in this Easement shall be deemed to constitute a dedication of the Driveway Easement or the Driveway for public use. Furthermore, the owners of the Parcels shall take or cause to be taken any action reasonably necessary from time to time to preclude such dedication. 16. Governing Law. This Easement concerns real property located in the State of Wisconsin and shall be governed by and construed in accordance with the laws of the State of Wisconsin. 17. Entire Easement. This Easement constitutes the entire Easement among the Parties regarding the subject matter hereof. 18. Waiver. No waiver by any Party with respect to the payment and satisfaction of any covenant, condition or obligation arising under this Easement shall be valid unless in writing, and the same shall not be considered a waiver of any other such covenant, condition, or obligation hereunder or of any other untimely performance of a covenant, condition or obligation so waived. 19. Binding Effect; Amendment. This Easement shall bind and inure to the benefit of the Parcel Owners and their respective heirs, successors and assigns. Whether or not specific reference is made to heirs, successors and assigns in each term or provision of this Easement, all of the terms and provisions of this Easement shall be binding upon and inure to the benefit of the