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201907112 ARTICLE V PARTY WALLS Section 1. General Rules of Law to Apply. Each wall built as a dividing wall between separate dwellings constructed upon the lots as part of the original construction of homes upon the properties shall constitute a party wall to be used by the adjoining land owners as such, notwithstanding the fact that the wall so constructed through error in construction or settling of the wall, may not be located precisely on the dividing line between the Lots. To the extent not inconsistent with the provisions of this Article, the general rule of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty to the extent that same is not covered by insurance, any Owner who has used the wall may restore it and shall have and there is hereby created an easement over the premises of the adjoining landowner for the purpose of construction of said wall, and if any other Owner thereafter makes any use of the wall, by commencement of construction on his premises adjoining said wall, such other Owner shall contribute to the cost of restoration thereof in the proportion of which the adjoining Owner uses the wall without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 3. Weatherproofing Notwithstanding any other provisions of this Article, an Owner who by his or her negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 4. Right to Contribution Runs with Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successor in title. Section 5. Arbitration. In the event of any dispute arising concerning a party wall or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall chose one additional arbitrator, and the decision shall be a majority of all the arbitrators. ARTICLE VI GENERAL RESTRICTIONS Page 8 of 1