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<br />( <br /> <br />(1) The parties shall, within 15 days of the City's <br />decision to proceed to arbitration, appoint one <br />arbitrator each who is experienced and knowledgable <br />in the purchase and valuation of business property. <br />Arbitrators shall each agree upon the selection of a <br />third arbitrator, similarly qualified, within 15 days <br />after appointment of the second arbitrator. <br /> <br />(2) Within 30 days after appointment of all arbitrators <br />and upon ten days written notice to parties, the <br />arbitrators shall commence a hearing on the terms <br />and conditions of the purchase in dispute. <br /> <br />(3) The hearing shall be recorded and may be tran- <br />scribed at the request and expense of either party. <br />All hearing proceedings, debates, and deliberations <br />shall be open to the public and at such times and <br />places as contained in the notice or as thereafter <br />publicly stated in the order to adjourn. <br /> <br />(4) The arbitration panel shall be required to determine <br />the purchase price of the System according to the <br />standards established in paragraph C below. <br /> <br />(5) A t the close of the hearings and within 30 days, the <br />arbitrators shall prepare written findings and make a <br />written decision agreed upon by a majority of the <br />arbitrators which shall be served by mail upon City <br />and Grantee. <br /> <br />(6) The decision of a majority of the arbitrators shall be <br />binding upon both parties except that City may, in <br />its sole discretion and without any penalty or cost to <br />the City of any kind, withdraw its offer to purchase <br />within 90 days of receipt of the final decision of a <br />majority of the arbitrators. <br /> <br />(7) Either party may seek judicial relief to the extent <br />authorized under Minneosta Statutes, Section 572.09 <br />and Section 572.19 as the same may be amended, <br />and in addition, under the followng circumstances: <br /> <br />l <br /> <br />(a) A party fails to select an arbitrator; <br /> <br />(b) The arbitrators fail to select a third arbitra- <br />tor; <br /> <br />(c) One or more arbitrator is unqualified; <br /> <br />(d) Designated time limits have been exceeded; <br /> <br />- 54 - <br />