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(3) In connection with any arbitration proceeding: (a) No arbitrator shall have been employed or engaged by a party hereto or its consultants within the previous five (5) year period; (b) the arbitrator shall be neutral and independent of the parties to this Agreement; (c) no arbitrator shall be affiliated with either party's auditors; and (d) no arbitrator shall have a conflict of interest with (including, without limitation, any bias towards or against) a party hereto. (4) The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. The arbitrator shall not have the power to modify this Agreement. The award may not include, and the parties specifically waive, any award of punitive damages. The fees and costs of the arbitrator shall be borne equally by the parties. (5) The arbitrator may consolidate proceedings with respect to any dispute or claim under this Agreement with proceedings with respect to any related controversy, provided that any parties to such controversy who are not parties to this Agreement consent to such consolidation. (6) The parties will cooperate in the exchange of documents relevant to any dispute or claim. Deposition or interrogatory discovery may be conducted only by agreement of the parties or if ordered by the arbitrator. In considering a request for such deposition or interrogatory discovery, the arbitrator shall take into account that the parties are seeking to avoid protracted discovery in connection with any arbitration proceeding hereunder. (7) If a party determines that a dispute or claim presents such party with an extraordinary situation that requires it to seek emergency provisional relief prior to the appointment of the arbitrator who will determine such dispute or claim, it may seek such emergency provisional relief from any court having jurisdiction; provided, however, that (a) in order to obtain any such relief, the court shall determine that such party has met any applicable standards imposed by the law applicable to the relief requested with respect to such party's rights to such relief and (b) such relief may only be sought and obtained on the condition that any order entered by the court will expire ten (10) days after the appointment of the arbitrator unless the party that sought the order renews its application for emergency provisional relief to the arbitrator within such ten (10) day period, which arbitrator shall then make de novo any findings of fact that may be required in ruling on such renewed application. Section 12. Term (A) Term: The covenants, conditions, easements, and restrictions of this Agreement shall run with and bind the properties covered hereby, and shall inure to the benefit of the parties hereto, and their respective successors and assigns, for a term of twenty (20) years from the date this Agreement is recorded, after which time said covenants, conditions, easements, and restrictions shall be automatically extended for four (4) successive periods of five (5) Contract Page 11 of 19 726colla.doc