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DSCC-57520\2494968.2 28 September 17, 2021 provider that may be mutually acceptable to the parties. The following rules and procedures shall apply in all cases unless the parties agree otherwise in writing: (i) the proceedings shall be heard in Alameda County, California; (ii) the arbitrator need not be an attorney or retired judge but, if not, the arbitrator must have at least five (5) years’ experience in real estate matters; (iii) any fee to initiate the arbitration shall be paid by the Owner initiating the procedure, provided that the arbitration costs and fees, including any initiation fee, ultimately shall be borne as determined by the arbitrator; (iv) the arbitrator shall be appointed within sixty (60) days of the administrator’s receipt of a written request to arbitrate the dispute. In selecting the arbitrator, the provisions of section 1297.121 of the Code of Civil Procedure (or any successor statute thereto) shall apply. The arbitrator may be challenged for any of the grounds listed therein or in section 1297.124 of the Code of Civil Procedure (or any successor statute thereto); (v) the arbitrator may require one or more pre-hearing conferences; (vi) the parties shall be entitled to discovery to the extent allowed by section 1283.05 of the Code of Civil Procedure; (vii) the arbitrator shall be authorized to provide all recognized remedies available in law or equity; (viii) the arbitrator in his or her discretion may award costs and/or attorneys’ fees to the party that the arbitrator determines was the prevailing party, taking into account any party’s failure to participate in the procedures described in Section 11.1 and/or 11.2; and (ix) the arbitrator’s decision shall be final and binding on the parties unless corrected or validated under the grounds authorized in Code of Civil Procedure section 1286.2 or 1286.6 (or any successor statute thereto.) The arbitrator’s decision may be enforced in any court of competent jurisdiction. 11.4 Enforcement by Lien. Except as otherwise provided by Applicable Laws, an Owner may impose a lien against the other Condominium for the amount of any delinquent amounts due as a result of the defaulting Owner’s failure to comply with the payment requirements described in Article 6. . The lien may include costs of collection, late charges, interest, and any other costs authorized in Article 6. ARTICLE 12 Miscellaneous Provisions 12.1 Headings. With the exception of Article 1, the headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Declaration. 12.2 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision or provisions or any portion thereof shall not invalidate any other provision or any portion of the provisions not found invalid or unenforceable.