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11.4 Arbitration. <br />Any controversy or claim between any two or more <br />Parties , or between any such Party or Parties and the Agency, <br />in respect to the Agency's operations, or to any claims, <br />disputes, demands, differences, controversies, or <br />misunderstandings arising under, out of, or in relation to this <br />Agreement, shall be submitted to and determined by <br />arbitration. To the extent not inconsistent herewith, the <br />rules of the American Arbitration Association shall apply. The <br />Party desiring to initiate arbitration shall give notice of its <br />intention to arbitrate to every other Party and the Agency. <br />Such notice shall designate as "respondents" such other Parties <br />as the initiating Party intends to have bound by any award made <br />therein. Any Party not so designated but which desires to join <br />in the arbitration may, within ten (10) days of service upon it <br />of such notice, file a response indicating its intention to <br />join in and to be bound by the results of the arbitration, and <br />further designating any other Parties it wishes to name as a <br />respondent. Within twenty (20) days of the service of the <br />initial demand for arbitration, the American Arbitration <br />Association, hereinafter referred to as "AAA ", shall submit <br />simultaneously to the initiating and to all Parties named as <br />respondents or filing a response therein, an identical list of <br />names and persons chosen from the AAA National Panel of <br />Arbitrators which persons shall be, to the extent possible, <br />persons first in the field of transportation as well as public <br />law. Each Party to the dispute shall have seven (7) days from <br />the mailing date in which to cross off any names indicating <br />the order of his or her preference, and return the list to the <br />AAA. If a Party does not return the list within such time <br />period , all persons named therein shall be deemed acceptable. <br />From among the persons who have been approved on both lists, in <br />accordance with the designated order of mutual preference, the <br />AAA shall invite the acceptance of an arbitrator to serve. If <br />the Parties fail to agree upon one of the persons named, the <br />acceptable arbitrator is unable to act, or if for any other <br />reason the appointment cannot be made from the submitted list, <br />the AAA shall have the power to make the appointment of the <br />arbitrator from other members of the panel without the <br />submission of any additional list. <br />The arbitrator shall proceed to arbitrate the matter <br />in accordance with the provisions of Title 9 of Part 3 of the <br />Code of Civil Procedure. <br />-19- <br />