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ARTICLE VI. PARTY WALLS 88_105085 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 con- struction of homes upon the properties shall constitute a party wall to be used by the adjoining landowners as such, notwithstanding the fact that the wall so construc- ted, through error in construction or settling or 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 rules of law regarding party walls arid 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 the same in not covered by insur- ance, 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 there- after makes any use of the wall by commencement of construc- tion on his premises adjoining said wall such other Owner shall contribute to the cost of restoration thereof in the proportion in which the adjoining Owner uses the wall with- out 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 provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the ele- ments 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 successors in title. Section 5. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, such dispute shall be submitted to and deter- mined by a board of three (3) arbitrators as follows: The party desiring to have the matter in dispute submitted to arbitration shall give the other party written notice of such desire and shall name one of the arbitrators in such notice. Within ten (10) days after the receipt of such notice, the other party shall name a second arbitrator, and in case of failure so to do, the party who has already named an arbitra- tor, may have the second arbitrator selected or appointed by a judge of the Hall County District Court, State of Nebraska, and the two arbitrators so appointed in either manner shall select and appoint a third arbitrator, and in the event the two arbitrators so appointed shall fail to appoint the third arbitrator within ten (10) days after the naming of the second arbitrator, either party may have the third arbitrator se- lected or appointed by one of said judges, and the three arbitrators so appointed shall thereupon proceed to determine the matter in question, disagreement, or difference, and the decision of any two of them shall be final, conclusive and binding upon all parties. In all cases of arbitration, the parties hereto shall each pay the expense of its own attorneys and witness fees, and all other expenses of such arbitration shall be divided equally between the parties. -6-