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5 } !i. gg1031 $6 8. Rionllcabte law. This Deed and the rights and obligations of the parties hereto will be governed by the taws of the State of California. 9. Attorney Fees. If any party to this Agreement is required to take any legal or equitable action for enforcement of any provision contained in this Agreement, including an action for declaratory relief,the prevailing party shall, in addition to any f other costs,be entitled to the reimbursement of reasonable attorney fees, including the actual costs for legal fees of in-house counsel, if applicable. 10. Further Assurances. The parties hereto shall now and in the future do such things, perforin such acts and make,execute,acknowledge and deliver any and all documents, instruments and/or agreements requested by the other party,in a form and substance acceptable to the other party and lhalr counsel,to carry out the purpose of this Agreement and the Easement and to fulfill the terms of this Agreement and the transactions contemplated hereunder. 11. Assurances, Each of the individuals executing this Agreement warrants and represents that they are authorized to enter into this Agreement on behalf of the party they purport to represent and that each is of legal age and legally competent. 12. Refocatlon Qf The gases. Grantors havo the right to relocate the Easement subject to the following conditions and limitations: (1) Grantors provide f Grantees with forty-five(45)calendar days written notice of the proposed relocation, which notice shall specifically Identify the terms,conditions and location of the proposed relocation of the Easement;and(2)the relocation of the Easement does not -- unreasonably interfere with Grantees'use of the Easement. 13. A[hit[AlIqg. Should a dispute arise between the parties regarding the provisions of this agreement,the parties agree to arbitrate that dispute as follows: Either party may initiate the arbitration by a written request to arbitrate mailed to the other. The parties agree that Pat Riddle will serve as the arbitrator unless he is unable or unwilling in which case,within five(5)days of the request to arbitrate, each of the j IN parties shall select and pay the fees and costs of an independent arbitrator who is neither a party nor a lawyer for that party. These two arbitrators will in tum select a third independent arbitrator within five(5)days of the date of their selection. This third arbitrator must be a lawyer having substantial experience in the fields of real estate development and subdivision financing. This third arbitrator shall hear and judge in his reasonable discretion, the dispute within ten(10)days of his appointment. The parties shall each pay'A of the reasonable fees and costs of this arbitrator. The arbitrator FF shall have the authority to hire such experts as the arbitrator deems necessary to resolve any dispute brought before him or her. The parlies shall split the cost of these 0 experts equally. If legal action is necessary to enforce the arbitration award,the _ prevailing party ahail be entitled to all damages, equitable and legal relief,as well as actual attorney's fees and costs necessary to enforce the arbitration award. riDescription: San Joaquin,CA Document-Year.DoclD 1999.103186 Page: 5 of 9