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responsible for the contracting of the aforementioned work and shall bill the other Owners for <br /> thei r:OW:third=(1/3)portion of=such costa Any amount not paid within thirty(30)days of when <br /> billed shall accrue interest of fifteen percent(15%) per annum. The:non-payJngOwner=shall'also be <br /> obligated to costs,exPPOses and disbursementOncluding attorneys'fees .which may;be: <br /> in.enforcement of:the payment obligation or any other obligation contained in this <br /> Agreement. <br /> 3. No Owner or any party claiming an interest in, or right to use, said driveway, may utilize the <br /> driveway in any way that would interfere with the other Owners' free use of the driveway unless <br /> required temporarily for the further improvement of the driveway. Any permanent structures or <br /> impediments to the use of the driveway may be removed,without notice, by any Owner,and the <br /> cost of such removal shall be borne by the Owner causing or responsible for such obstruction. . <br /> 4. Each Owner shalt be responsible for any damage above ordinary wear and tear that he or she, his <br /> or her tenants,guests, licensees,invitees or his or her tenant's guests, licensees or invitees may <br /> cause either Intentionally,or through negligence, to the driveway. The Owner responsible for such <br /> damage shall promptly make all needed repairs,restoring the driveway to the condition It was In <br /> prior to such damage. <br /> 5. In the event the respective Owners are not able to agree as to any matter which is the subject of <br /> this Agreement,the parties shall mutually agree upon the appointment of an arbitrator. if they are <br /> unable to so agree, any party may request the appointment of an arbitrator by the Circuit Court of <br /> Dane County, The arbitration will be held pursuant to the rules of the American Arbitration <br /> Association. The arbitrator shall determine the division of the cost of the arbitration. The decision <br /> of the arbitrator shall be binding on the parties hereto and shall be enforceable in the court of law <br /> having jurisdiction, <br /> 6, This Agreement shall inure to the benefit of, and shall be binding upon, the heirs, personal <br /> representatives,successors, and assigns of the present Owner of the parcels described herein. The <br /> terms of this Agreement shall run with the land and shall have perpetual effect unless modified by <br /> the mutual agreement of all parties having an interest in Lots 1, 2 and 3, Certified Survey Map <br /> 12174,Town of Montrose,County of Dane, Wisconsin. <br /> SIGNATURE PAGE FOLLOWS <br /> 2 <br />