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i <br /> �k <br /> 1 ' <br /> I <br /> 1 gg � �318b <br /> 0 8, Aipilcable Law. This peed and the rights and obligations of the parties <br /> hereto will be governed by the laws of the State of California. <br /> 8. AttomeyFeea. If any party to this Agreement is required to take any legal orFit <br /> i <br /> equitable action for enforcement of any provision contained in this Agreement, <br /> including an action for declaratory relief, the prevailing party shall, in addition to any <br /> other costs, be entitled to the reimbursement of reasonable attorney fees, including the <br /> actual costs for legal fees of in-house counsel, if applicable. <br /> 10. Further Assurances. The parties hereto shall now and in the future do <br /> such things, perform such acts and make,execute,acknowledge and deliver any and <br /> all documents, instruments and/or agreements requested by the other party,in a form <br /> and substance acceptable to the other party and their counsel,to carry out the purpose <br /> of this Agreement and the Easement and to fulfill the terms of this Agreement and the <br /> transactions contemplated hereunder. <br /> 11. Amaurancea, Each of the individuals executing this Agreement warrants <br /> and represents that they are authorized to enter into this Agreement on behalf of the <br /> party they purport to represent and that each is of legal age and legally competent. <br /> 12. Relocation Of The Eas@ment. Grantors have the right to relocate the <br /> Easement subject to the following conditions and limitations: (1) Grantors provide <br /> Grantees with forty-five 145)calendar days written notice of the proposed relocation, r <br /> which notice shall specifically identify the terms,conditions and location of the <br /> F! proposed relocation of the Easement;and(2)the relocation of the Easement does not <br /> unreasonably interfere with Grantees'use of the Easement. <br /> 13, Arbitration. Shouid a dispute arise between the parties regarding the <br /> F! provisions of this agreement,the parties agree to arbitrate that dispute as follows; <br /> Either party may initiate the arbitration by a written request to arbitrate mailed to the <br /> other. The parties agree that Pat Riddle will serve as the arbitrator unless he is unable <br /> E) or unwilling in which case,within five(5)days of the request to arbitrate, each of the i <br /> -IN parties shall select and pay the fees and costs of an independent arbitrator who is <br /> neither a party nor a lawyer for that party. These two arbitrators will in tum select a <br /> third independent arbitrator within five(5)days of the date of their selection. This third <br /> t1 arbitrator must be a lawyer having substantial experience in the fields of real estate <br /> development and subdivision financing. This third arbitrator shall hear and judge in his <br /> reasonable discretion, the dispute within ten(10)days of his appointment. The parties <br /> shall each pay 1h of the reasonable fees and costs of this arbitrator, The arbitrator <br /> shall have the authority to hire such experts as the arbitrator deems necessary to <br /> resolve any dispute brought before him or her. The parties shall split the cost of these <br /> f s experts equally. if legal action is necessary to enforce the arbitration award,the <br /> prevailing party shall be entitled to all damages, equitable and legal relief,as well as <br /> actual attomey's fees and costs necessary to enforce the arbitration award. <br /> 3 ' <br /> Ire IF! � <br /> Description: San Joaquln,CA Document-Year.DoclD 1999.103186 Page: 5 of 9 <br /> I <br />