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DSCC-57520\2494968.2 27 September 17, 2021 ARTICLE 11 Dispute Resolution 11.1 Disputes Between Owners. If any dispute arises between the Owners regarding any of the rights, duties, benefits or burdens under this Declaration, on request of an Owner, the Owners shall negotiate in person, telephonically, or electronically (“meet and confer”) in good faith, to resolve the dispute. The parties shall meet and confer no later than ten (10) calendar days following delivery of a written request to meet and confer signed by the requesting Owner and delivered to the other Owner(s) (the “Resolution Notice”). If an Owner refuses or fails to meet and confer for any reason or if the dispute cannot be resolved as a result of the discussion, the dispute shall be resolved in accordance with the procedures described in Section 11.2 and/or 11.3 in that order. 11.2 Mediation. If the parties cannot resolve the claim pursuant to the procedures described in Section 11.1 within twenty (20) calendar days following the date of the Resolution Notice or if any party to the dispute fails to meet and confer as required in Section 11.1, on request of any party to the dispute, the matter shall be submitted to mediation using the mediation services provided by JAMS or any successor thereto or any mediation provider acceptable to the parties. No person shall serve as a mediator in any dispute in which the person has any financial or personal interest in the result of the mediation, except by the written consent of all parties. Prior to accepting any appointment, the prospective mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt commencement of the mediation process. Within ten (10) days of the selection of the mediator, each party shall submit a brief memorandum setting forth its position with regard to the issues that need to be resolved. The mediator shall have the right to schedule a pre-mediation conference, and all parties shall attend unless otherwise agreed. The mediation shall be commenced within ten (10) days following the submission of the memoranda and shall be concluded within fifteen (15) days from the commencement of the mediation unless the parties mutually agree to extend the mediation period. The mediation shall be held in Alameda County, California, or such other place as is mutually acceptable by the parties. The mediator has discretion to conduct the mediation in the manner in which the mediator believes is most appropriate for reaching a settlement of the dispute. The mediator is authorized to conduct joint and separate meetings with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, provided the parties agree and assume the expenses of obtaining such advice. The mediator does not have the authority to impose a settlement on the parties. The mediation shall be subject to the provisions of Evidence Code sections 1115 through 1128, or any successor statutes thereto, except as the parties may agree otherwise in writing or orally in accordance with the requirements of Evidence Code section 1118 and any successor statute thereto. Persons other than the parties, their representatives, and the mediator may attend mediation sessions only with the permission of the parties and the consent of the mediator. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not be divulged by the mediator. All records, reports, or other documents received by the mediator while serving in such capacity shall be confidential. There shall be no stenographic record of the mediation process. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the expenses of any witnesses, or the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties unless they agree otherwise. 11.3 Binding Arbitration. If the parties cannot resolve the claim pursuant to the procedures described in Section 11.2 or if any party to the dispute fails to participate in the mediation process, any party may commence binding arbitration under the commercial rules of the JAMS or any other arbitration