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and settled by arbitration in the City of Santa Ana by a single arbitrator in accordance with the Rules of the Judicial Arbitration and Mediations Services (`JAMS") in accordance with its Comprehensive Arbitration Rules and Procedures. Any award rendered therein shall be final and binding upon the parties and their legal representatives and judgment may be entered in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration, including but not limited to the fees and costs of arbitration. ARTICLE 7 NOTICES 7.1 Notices. Any notice, demand or document that either Party is required or may desire to give hereunder, except to the extent specifically provided otherwise herein, must be (i) in writing and, (ii) given by personal delivery, overnight courier or certified mail, return receipt requested, with the postage prepaid and properly addressed or communicated to such Party at its address shown below, or at such other address as either Party may have furnished to the other by notice given in accordance with this Article. Any notice delivered or made by personal delivery, overnight courier, or mail shall be deemed to be given on the date of actual delivery as shown by the receipt for personal delivery or overnight courier delivery, or the registry or certification receipt for certified mail. If to TruStar: TruStar Energy LLC One North Lexington Avenue Suite 1450 White Plains, New York 10601 With a copy to: TruStar Energy LLC One North Lexington Avenue Suite 1450 White Plains, New York 10601 Attn: Notice Officer noticeofficer@fortistar.com If to City: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988