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Premises, except for any condemnation proceedings initiated by Lessor to complete acquisition <br /> of the Premises. <br /> ARTICLE 20 <br /> ARBITRATION <br /> Section 20.1 Any dispute under this Lease as to which both Lessor and Lessee agree to <br /> submit to arbitration shall be subject to the following provisions for arbitration(it being <br /> understood that arbitration shall not be resorted to for disputes under this Lease unless the parties <br /> mutually agree thereto). Such arbitration shall be finally determined in the City of Everett, <br /> Washington, by arbitration in accordance with the then prevailing rules of the American <br /> Arbitration Association or its successor for arbitration of commercial disputes and the judgment <br /> or the award rendered therein may be entered in any court having jurisdiction thereof; provided, <br /> however, that notwithstanding the foregoing, the selection of arbitrators shall not be made in <br /> accordance with such rules, but rather the selection of the arbitrators and the proceedings shall <br /> follow the procedures set forth below. <br /> Section 20.2 In each instance under this Lease where a party is entitled to and desires <br /> arbitration, such party desiring such arbitration shall give notice to that effect to the other party, <br /> specifying therein the name and address of the person designated to act as arbitrator on its behalf. <br /> Within ten(10) business days after the service of such notice, the other party shall give notice to <br /> the first party specifying the name and address of the person designated to act as arbitrator on its <br /> behalf. If the second party fails to notify the first party of the appointment of its arbitrator, <br /> within or by the time above specified, then the appointment of the second arbitrator shall be <br /> made in the same manner as hereinafter provided for the appointment of a third arbitrator in a <br /> case where the two arbitrators appointed hereunder or the parties are unable to agree upon such <br /> appointment. The arbitrators so chosen shall meet within ten(10)business days after the second <br /> arbitrator is appointed and if, within ten(10) days after such first meeting, the said two <br /> arbitrators shall be unable to agree promptly upon the question in issue, they, themselves, shall <br /> appoint a third arbitrator, who shall be a competent and impartial person; and, in the event of <br /> their being unable to agree upon such appointment within five (5)business days after the time <br /> aforesaid, the third arbitrator shall be selected by the parties themselves if they can agree thereon <br /> within a further period of ten(10)business days. If the parties do not so agree, then either party, <br /> on behalf of both, may request such appointment by the then Presiding Judge of the Snohomish <br /> County Superior Court having jurisdiction over the City of Everett, and the other party shall not <br /> raise any question as to such judge's full power and jurisdiction to entertain the application and <br /> make the appointment. In the event of the failure, refusal or inability of any arbitrator to act, its <br /> successor shall be appointed by such arbitrator but in the case of the third arbitrator its successor <br /> shall be appointed as hereinbefore provided. The decision of the arbitrators so chosen shall, if <br /> possible, be given within a period of sixty(60)business days after the appointment of such third <br /> arbitrator. The decision in which any two arbitrators so appointed and acting hereunder concur <br /> shall in all cases be binding and conclusive upon the parties. Any party found by the arbitrators <br /> to have breached this Lease shall pay the costs and expenses of the other party(including <br /> reasonable attorneys' fees and expenses), incurred in arbitration. In all other cases, each party <br /> shall pay the fee and expenses of its respective arbitrator and both shall share the fee and <br /> 27 <br /> GROUND LEASE COE--EPFD <br />