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202002679 responses to offers to settle made either by the Association or the Declarant or Designated Builder; and (i) an affirmative statement from the Board that the action is in the best interests of the Association and its Members. 11.3 Approval of Litigation. The Association shall not deliver a Claim Notice to any Bound Party; commence any legal action, mediation, or arbitration proceeding against any Bound Party; or incur any expenses in connection with any Claim (including without limitation attorneys' fees) without prior approval of the Board. In the event that the Association commences any legal action or arbitration proceeding involving a Claim, all Owners must notify prospective Purchasers of such legal action or arbitration proceeding and must provide such prospective Purchasers with a copy of the Claim Notice received from the Association. 11.4 Right to Enter, Inspect, Repair, and/or Replace. Within a reasonable time after the receipt by the Declarant or a Designated Builder of a Claim Notice, the Declarant or Designated Builder shall have the right, upon reasonable notice to Claimant and during normal business hours, to enter onto or into the Common Area or any Lot for the purposes of inspecting and/or testing to determine the validity of the Claim and, if deemed necessary by the Declarant or Designated Builder, to correct, repair, and/or replace the alleged deficiency in the planning, design, engineering, grading, construction, or development of the Common Area or any Lot that is the basis for the Claim (the "Alleged Defect"). In conducting such inspection, testing, repairs, and/or replacement, the Declarant or Designated Builder shall be entitled to take any actions as it shall deem reasonable and necessary under the circumstances. Nothing set forth in this Section shall be construed to impose any obligation on the Declarant or a Designed Builder to inspect, test, repair, or replace any item or Alleged Defect for which the Declarant or a Designated Builder is not otherwise obligated under applicable law or any limited warranty provided by the Declarant or Designated Builder in connection with the sale of the Lots. The right of the Declarant and the Designated Builder to enter, inspect, test, repair, and/or replace reserved hereby shall be irrevocable and may not be waived or otherwise terminated except by a writing executed and Recorded by the Declarant or Designated Builder. In no event shall any statute of limitations be tolled during the period in which the Declarant or Designated Builder conducts any inspection or testing of any Alleged Defects. 11.5 Mediation. If the Claimant and Respondent do not resolve the Claim through negotiation within thirty (30) days after the date of the Claim Notice or within such longer period as may be agreed upon by the Claimant and Respondent ("Termination of Negotiations"), Claimant shall have an thirty (30) additional days within which to submit the Claim to mediation by an independent mediation service agreed upon by the Claimant and Respondent. If Claimant does not submit the Claim to mediation within thirty (30) days after Termination of Negotiations, Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim. If the Claimant and Respondent do not settle the Claim within thirty (30) days after submission of the matter to the mediation process, or within such time as determined reasonable or appropriate by the mediator, then the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation Notice"). The Termination of Mediation Notice shall set forth when and where the parties met, that the parties are at an impasse, and the date that mediation was terminated. 11.6 Binding Arbitration. If a Claim is not resolved by mediation, the Claimant shall have fifteen (15) days after the date of the Termination of Mediation Notice to submit the Claim to binding arbitration in accordance with this Section. If the Claimant fails to timely submit the Claim to arbitration, then the Claim shall be deemed waived and abandoned and the Respondent shall be relieved of any and all liability to Claimant arising out of the Claim. If the Claimant submits the Claim to binding arbitration in accordance with this Section, the arbitration shall be conducted in accordance with the following: Page 40 of 52