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party wishes to obtain an authoritative determination of the respective rights and obligations of the parties under this Holiday Rink License Agreement (in the nature of declaratory relief). Pending arbitration proceedings as herein provided, a party shall not he deemed to be in default or noncompliance with respect to the dispute submitted to arbitration. At the conclusion of the arbitration proceedings, (A) if the determination is that a party is in default or noncompliance with the terms of this I Ioliday Rink License Agreement, the cure and remedies provision of this Holiday Rink License Agreement shall apply; (B) if the determination is the resolution of a matter on which the parties are required to agree or concerning which it is contemplated or reasonably necessary that they will reach agreement, and the parties have not reached agreement, the dctcrmination in arbitration shall be accepted by the parties as the substance of their agreement; and (C) if the determination respects die allocation of rights and duties of a party under this Holiday Rink License Agreement, then such determination shall constitute part of this Holiday Rink License Agreement. The party invoking arbitration under this Exhibit "C" shall notify the other party of its intent to arbitrate, specifying the nature of the dispute or the matter of disagreement or matter concerning which one party desires a definitive allocation of rights and responsibilities. Nohvithstanding any provision in this Holiday Rink License Agreement to the contrary, Arbitrator shall not consider issues of damages or injunctive relief as appropriate remedies, but shall limit its dctcrmination to issues of fact such as cost items and standards of performance, the reasonableness of approvals or disapprovals, and the prevailing party in disputes between the parties. Remedies and damages, following such determinations by Arbitration, shall be governed by the Arbitration sections contained in this F,xhibit `'C". Within ten (10) business days attar the notice electing arbitration, the party so electing (the °Electing Party") shall provide to the other party (the "Non-Electing Party") the names, addresses, telephone numbers and qualifications often (10) persons chosen by the Electing Party as being acceptable to act as arbitrator of the dispute, each of whom must be a formerjudgc of the Superior Court of California. Within ten (10) business days after receipt of the names of the proposed arbitrators chosen by the Electing Party, thcNnn-Electing party shall select in writing one of the proposed arbitrators chosen by the Electing Party as the sole arbitrator. If the Non- Glecting Party fails to sclcct an arbitrator within said ten (10) business day period, then after expiration thereof, the Electing Party may sclcct the arbitrator from the list previously delivered to the Non-Electing Party. If after selection the selected arbitrator is determined to he unavailable to serve within the period required hereunder, the parties may agree to waive the time requirements hereunder to enable such arbitrator to hear the dispute. If both parties do not waive the time requirements, then the Electing Party, within ten (10) business days of determining the unavailability of the selected arbitrator, shall submit a new list of ten (10) proposed arbitrators meeting the qualitcations described above and the above selection process shall be repeated. Upon appointment of the arbitrator, the matter shall he set for arbitration at a time not less than ten (10) business days, nor more than twenty (20) business days, from the effective date of the appointment of the arbitrator. The arbitration shall be conducted under the procedures set forth in Chapter 3 of Title 9 of Part 3 of the California Codc of Civil Procedure pertahiine to 1 E.