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refuses to agree to have the Proposed Work performed or disagrees, in <br /> writing, that such Proposed Work is needed, then, the Unit Owner that <br /> proposed the work may: (i) agree to not have the Proposed Work done; or <br /> (ii) within thirty (30) days from the receipt of said written notice, submit <br /> the issue of the necessity, nature and extent, and estimated cost of the <br /> Proposed Work to binding arbitration pursuant to Wis. Stat. ch. 788 by <br /> one arbitrator. The sole arbitrator shall determine whether the Proposed <br /> Work is necessary, the nature and extent of the work to be done, and <br /> affirm the cost. If the arbitrator decides that the Proposed Work is <br /> necessary,then the Proposed Work shall be done within a reasonable time, <br /> each Unit Owner shall be responsible for the cost of the Proposed Work <br /> pursuant to the percentages set forth above, and the Unit Owner(s) that <br /> refused to agree to or objected to the Proposed Work shall be responsible <br /> for the costs of the arbitration (i.e., the cost of paying the arbitrator, etc.). <br /> If the arbitrator decides that Proposed Work is not necessary, then the <br /> Proposed Work shall not be done, and the Unit Owner that proposed the <br /> work and submitted it to arbitration shall be responsible for the costs of <br /> arbitration. Each Unit Owner shall bear their own attorneys' fees <br /> regardless of the arbitrator's decision. <br /> 4. Capitalized Terms. Any term Capitalized in this Amendment that is not <br /> defined shall have the definition set forth under Wis. Stat. ch. 703 or under the <br /> Declaration,applicable. <br /> 5. Recitals. The Recitals are incorporated into and made a part of this <br /> Amendment. <br /> [SIGNATURES ON FOLLOWING PAGES] <br />