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K999-050 <br />04.28.87 <br />realestl-1846 <br /> <br />appointed by the parties. If the arbitrators appointed by the <br />parties are unable to agree upon a third arbitrator within ten <br />(10) days of their appointment, on application by either party <br />the third arbitrator shall be promptly appointed by the then <br />presiding ]udge of the Superior Court of Alameda County, acting <br />as an individual. The three arbitrators thus selected shall <br />proceed to decide any such dispute as quickly as is reasonably <br />possible, and a decision of the arbitrators or a majority of <br />them upon any such question shall be final, conclusive and <br />binding upon all parties, their successors and assigns. In the <br />event the arbitrators find a violation of any provision of this <br />Agreement and the defaulting party fails to promptly cure or <br />comply with such finding, then the prevailing party may pursue <br />any appropriate remedy to enforce such finding. Other than as <br />provided herein, the arbitration shall be conducted in <br />accordance with the rules of (but not the jurisdiction of) the <br />American Arbitration Association. The costs and expenses of <br />arbitration shall be borne by the losing party. <br /> <br /> ARTICLE VII <br /> <br /> TERM <br /> <br /> The easements, covenants, and obligations set forth in <br />this Agreement shall continue in full force and effect in <br />perpetuity from the date of recordation hereof, unless this <br />Agreement is amended by an agreement executed, acknowledged and <br />recorded by the then owners of the Property and City, or its <br /> <br /> -8- <br /> <br /> <br />