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4/23/13 14 <br />otherwise consequent on such covenant, provision or obligation. Any waiver may be given <br />subject to satisfaction of conditions stated therein. No power or remedy herein conferred is <br />exclusive of or shall prejudice any other power or remedy given by law or by the terms of this <br />Agreement. <br />18. Rights of Successors; Covenants Running with the Land. <br /> 18.1 Rights of Successors. The easements, restrictions, benefits and obligations <br />hereunder shall create mutual benefits and servitudes running with the land. This Agreement <br />shall bind and inure to the benefit of the Owners, their respective heirs, representatives, lessees, <br />successors and assigns. This Agreement shall bind and inure to the benefit of all Owners as <br />provided herein. <br /> 18.2 Covenants Running with the Land. The covenants, conditions, restrictions, and <br />easements contained herein shall run with the land, shall constitute equitable servitudes upon <br />each Parcel in favor of the other Parcels, and shall be binding upon and inure to the benefit of the <br />respective successors and assigns of the Owners thereto. <br /> 18.3 Benefit to Parcels. Each Owner expressly acknowledges and agrees that the <br />Parcels shall benefit from, and be burdened by, the provisions of this Agreement only as <br />specifically set forth herein. The Owner, Lessee, or user of a Parcel shall not have the right to <br />claim that any right or easement herein granted for the benefit of a Parcel also benefits its Parcel <br />unless such right or easement is expressly granted herein to and for the benefit of such Parcel. <br />19. Arbitration. <br /> (a) Disputes to be Resolved By Binding Arbitration. The submission of all matters to <br />arbitration in accordance with the terms of this Section is the sole and exclusive method, means, <br />and procedure to resolve any and all claims, disputes, or disagreements arising under this <br />Agreement, except for claims by an Owner which (a) seek anything other than enforcement of <br />rights under this Agreement, or (b) are primarily founded upon matters of fraud, willful <br />misconduct, bad faith, or any other damages, which disputes shall be resolved by suit filed in the <br />Superior Court of the County of Alameda, California, the decision of which court shall be subject <br />to appeal pursuant to applicable law. <br /> (b) Waiver of Right to Litigate. Each Owner hereby irrevocably waives any and all <br />rights to resolve a dispute in a manner which is contrary to the provisions of this Section 19. The <br />Owners shall at all times conduct themselves in strict, full, complete, and timely accordance with <br />the terms of this Section 19 and all attempts to circumvent the terms of this Section 19 shall be <br />absolutely null and void and of no force or effect whatsoever. <br /> (c) Selection of Arbitrator. Any dispute to be arbitrated pursuant to the provisions of <br />this Section 19 shall be determined by binding arbitration before a retired judge of the Superior <br />Court of the State of California (the “Arbitrator”) under the auspices of Judicial Arbitration & <br />Mediation Services, Inc. (“JAMS”). Such arbitration shall be initiated by the Owners, or either <br />of them, within ten (10) days after either Owner sends written notice (the “Arbitration Notice”) <br />of a demand to arbitrate by registered or certified mail to the other Owner and to JAMS. The