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15. Arbitration. S~-321969 <br /> <br /> Any controversy arising from this Agreement or its <br /> breach after the City Council's review in accordance with Section <br /> 8 shall be determined by three (3) arbitrators appointed as set <br /> out below: <br /> <br /> a. Within ten (10) days after written notice by either <br />party to the other requesting arbitration and stating the basis <br />of the party's claim, one arbitrator shall be appointed by each <br />party. Written notice of the appointment shall be given by each <br />party to the other when made. <br /> <br /> b. The two arbitrators shall immediately choose a <br />third arbitrator to act with them. If they fail to select a <br />third arbitrator within ten (10) days of their appointment, on <br />application by either party, the third arbitrator shall be <br />promptly appointed by the then presiding judge of the Superior <br />Court of the State of California in and for the County of <br />Alameda, Hayward Division, acting as an individual with no <br />liability assumed and held harmless and defended against any <br />liability arising out of such action by both parties. The party <br />making the application shall give the other party three (3) <br />working days' notice of the application. <br /> <br /> The arbitration shall be conducted under Code of Civil <br />Procedure, Sections 1280 through 1294.2, as amended. Hearings <br />shall be held in the City Hall, City of Pleasanton, Alameda <br />County, California. All notices shall be given pursuant to Code <br />of Civil Procedure Section 1290.4 and Paragraph 14 of this <br />Agreement. <br /> <br /> c. If the arbitrator is reviewing a decision of the <br />City Council pursuant to Section 8(b), then review shall be based <br />solely upon the record and the arbitrator's sole function shall <br />be to determine if the City Council's decision is supported by <br />the substantial evidence. <br /> <br /> - 8 - <br /> <br /> <br />