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<br />the parties agree to submit to arbitration before a mutually <br /> <br />agreed upon retired Superior Court judge. <br /> <br />The cost of <br /> <br />arbitration shall be borne equally by Grantor and Grantee. <br /> <br />In the event the arbitrator determines that quality of <br /> <br />programming or minimum programming is less than the required <br /> <br />standard, a determination shall be made as to the percentage <br /> <br />of difference between the required standard and the actual <br /> <br />quality or quantity of programming on a per-month basis. <br /> <br />Grantor shall be awarded damages calculated at the rate of <br /> <br />$8,000 times the percentage difference for each month that <br /> <br />the required standard has not been met since the date the <br /> <br />notice was given. <br /> <br />Any decision of the arbitrator shall be <br /> <br />final. <br /> <br />In the event the arbitrator awards judgment for <br /> <br />Grantor, Grantee shall pay to Grantor the amount of the <br /> <br />judgment within thirty (30) days of the date of judgment. <br /> <br />In the event Grantee fails to pay the amount of the judgment <br /> <br />within said thirty (30) days, Grantor's City Manager shall <br /> <br />have the unconditional right to draw the amount of the <br /> <br />judgment from the letter of credit provided by Grantee <br /> <br />under section 8 of this Agreement (adding subsection 7.7 <br /> <br />to said Agreement) upon certification that Grantee has <br /> <br />failed to pay the amount of the arbitration award. <br /> <br />upon <br /> <br />any such draw from said letter of credit, Grantee shall <br /> <br />forthwith reinstate said letter of credit to its full <br /> <br />amount as required by section 8 of this Agreement. <br /> <br />Grantor <br /> <br />and Grantee agree that the value of the service for local <br /> <br />origination programming shall not be included as part of any <br /> <br />-7- <br />