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agree upon one of the persons named, the acceptable arbitrator is unable to act, or if for any other <br />reason the appointment cannot be made from the submitted list, the AAA shall have the power to <br />make the appointment of the arbitrator from other members of the panel without the submission <br />of any additional list. <br />The arbitrator shall proceed to arbitrate the matter in accordance with the <br />provisions of Title 9 of Part 3 of the Code of Civil Procedure. If the Agency enters into a Joint <br />Transportation Corridor Agency Agreement pursuant to which a Joint Transportation Corridor <br />Agency is formed as authorized by Section 2.3 of this Agreement, then each Party agrees that the <br />arbitration provisions in this Section 11.4 shall apply to any controversy or claim between any <br />such Party or Parties and the Joint Transportation Corridor Agency arising under, out of, or in <br />relation to this Agreement. <br />11.5 Partial Invalidity. <br />If any one or more of the terms, provisions, sections, promises, covenants or <br />conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or <br />voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the <br />remaining terms, provisions, sections, promises, covenants and conditions of this Agreement <br />shall not be effected thereby and shall be valid and enforceable to the fullest extent permitted by <br />law. <br />11.6 Successors. <br />This Agreement shall be binding upon and shall inure to the benefit of the <br />successors of the Parties hereto. <br />11.7 Assignment. <br />The Parties shall not assign any rights or obligations under this Agreement <br />without written consent of all other Parties. <br />11.8 Execution. <br />The Board of Supervisors of the County of Orange and the city councils of the <br />cities enumerated herein have each authorized execution of this Agreement, as evidenced by the <br />authorized signatures below, respectively. <br />11.9 Third Party Beneficiary. <br />In the event that the Agency enters into a Joint Transportation Corridor Agency <br />Agreement pursuant to which a Joint Transportation Corridor Agency is formed as authorized by <br />Section 2.3 of this Agreement, such Joint Transportation Corridor Agency shall be a third party <br />beneficiary of the provisions of this Agreement creating obligations for the benefit of such Joint <br />Transportation Corridor Agency. <br />17 <br />