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<br />(j) A party fails to select an arbitrator; <br /> <br />(ij) The arbitrators fail to select a third <br />arbitrator; <br /> <br />Oii) One or more arbitrator is unqualified; <br /> <br />( <br /> <br />(iv) <br /> <br />Designated time limits have been <br />exceeded; <br /> <br />(v) The arbitrators have not proceeded <br />expeditiouslYi or <br /> <br />(vi) Based upon the record the arbitrators <br />abused their discretion. <br /> <br />(i) In the event a Court of competent jurisdiction <br />determines the arbitrators have abused their <br />discretion, or that the regulation of a given <br />rate is beyond the authority of City, it may <br />order the arbitration procedure repeated and <br />issue findings, orders and directions, with costs <br />of suit to be awarded to the prevailing party. <br /> <br />(j) Cost of arbitration shall be borne equally. <br />Reasonable attorneys fees shall be borne by <br />the party who retains an attorney. <br /> <br />E. Periodic Reviews, Renegotiations and Technological Update of <br />System. <br /> <br />The field of cable communications is a relatively new and <br />rapidly changing one which shall no doubt see many regulatory, <br />technical, financial, marketing, and legal changes during the <br />term of the Franchise. Therefore, in order to provide for a <br />maximum degree of flexibility in this Franchise, and to help <br />achieve a continued advanced and modern system, the following <br />renegotiation provisions will apply: <br /> <br />c <br /> <br />(1) City reserves the right to adopt rules and <br />regulations controlling the procedures and subject <br />for periodic reviews and renegotiation. In the <br />absence of any City action taken to exercise these <br />rights, Grantee shall be subject to at least the <br />procedures and requirements described in this <br />section. <br /> <br />(2) City may require, in its sole discretion, System <br />performance evaluation sessions at any time during <br /> <br />- 39 - <br />