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1 <br /> <br /> 2 <br /> <br /> 3 <br /> <br /> 4 <br /> <br /> 5 <br /> <br /> 8 <br /> <br />10 <br /> <br />11 <br /> <br />12 <br /> <br />13 <br /> <br />14 <br /> <br />15 <br /> <br />17 <br /> <br />18 <br /> <br /> ( <br /> <br /> E1 Charro Route terminates and shall be suspended during any <br /> period in which Lone Star's use of the E1 Charro Route is <br /> suspended. <br /> <br /> 3.2. With respect to any dispute arising out of the <br /> operation of this Agreement, including any disagreements between <br /> Kaiser, [~odes-Jamieson and Lone Star as to the improvements <br /> required to be made to the E1 Charro Route, the availability of <br /> Alternate Route(s), or other matters described in this Agreement <br /> concerning the use or potential use by Lone Star and/or Lone Star <br /> Traffic of the E1 Charro Route, any party to the dispute may <br /> require binding arbitration of all such disputes, by ten-day <br /> written notice to the other(s) in accordance with.the rules of the <br /> American Arbitration Association-Construction Industry Rules. Any <br /> Arbitration under this paragraph 12 of the Agreement shall be con- <br /> ducted in the San Francisco Bay Area. <br /> <br /> 13. From and after the date of entry of judgment on <br /> <br />the Stipulation made pursuant to this Agreement, Kaiser and <br />Rhodes-Jamieson hereby grant to the City, exclusively for the <br />owners, tenants and customers of the Valley Business Park <br />(collectively, "Users") a non-exclusive license to use the E1 Charro <br />Route (hereinafter in this paragraph "the Road") from th& point <br />where the Road connects with the Highway 1-580 access road to the <br />point where the Road connects with Valley Avenue and leads to the <br />said Valley Business Park, solely for vehicles exceeding eight tons <br />ein gross weight. Such license shall be subject to the following <br /> provisions, terms, limitations and conditions: <br /> <br /> (a) The use of the Road by Users shall be limited <br /> <br /> to those hours when the Road is open and available for <br /> use by Kaiser, its customers and persons serving it <br /> and/or its customers. It has been and will continue to <br /> be the practice of Kaiser to close said Road during <br /> night-time hours, weekends and holidays, but Kaiser <br /> reserves the right, in accordance with its reasonable <br /> discFe{tion and business needs, to close the Road at <br /> other times, as well. <br /> <br />-17- <br /> <br /> <br />