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