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JDK:bc: 10/10/88 <br />submitted are acceptable, and, if so, shall inform the other <br />party within ten (10) days of actual receipt of the arbitra- <br />tion demand, and such person will be designated as arbitra- <br />tor; (B) In the event that none of the names submitted by the <br />demanding party is acceptable to the responding party, or if <br />for any reason the arbitrator selected is unable to serve, <br />the responding party shall submit to the demanding party a <br />list of the names of five (5) persons acceptable to the <br />responding party for appointment as arbitrator. The demand- <br />ing party shall in turn have ten (10) days from actual <br />receipt of the list in which to determine if one such person <br />is acceptable; (C) If the parties are unable mutually to <br />agree upon a neutral arbitrator as described above, the mat- <br />ter of the selection of an arbitrator, qualified as above, <br />shall be submitted to the Orange County Superior Court pursu- <br />ant to Code of civil Procedure Section 1281.6. Upon selec- <br />tion of an arbitrator, the arbitration shall be conducted <br />consistent with the provisions of Code of Civil Procedure <br />Section 1280, et seq., as are deemed practicable by the arbi- <br />trator, considering the nature of the dispute. <br />8.3 The costs of arbitration, including but not limited <br />to reasonable attorneys' fees, shall be recoverable by the <br />party prevailing in the arbitration. If an arbitration con- <br />ducted hereunder is appealed to a court pursuant to the <br />procedures set forth in Code of Civil Procedure Section 1280, <br />et seq., the costs of arbitration shall also include court <br />25B-2�- <br />EXHIBIT 1 <br />