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<br />15. Notices <br /> <br />All notices to be given pursuant to this Agreement shall be in <br />writing and shall be deemed given when mailed by certified or <br />registered mail, return receipt requested, to the parties hereto at the <br />addresses set forth below, or to such other place as a party may from <br />time to time designate in writing. <br />Developer: The Prudential Insurance Comany of America <br />4309 Hacienda Drive, Suite 500 <br />Pleasanton, California 94566 <br />Attn: Vice President, PPC <br />City: City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, California 94566 <br />Attn: City Manager <br />16. Arbitration <br />Any controversy arising from this Agreement or its breach after the <br />City Council's review in accordance with Section 8 shall be determined <br />by three (3) arbitrators appointed as set out below: <br />a. Within ten (10) days after written notice by either party to the <br />other requesting arbitration and stating the basis of the party's <br />claim, one arbitrator shall be appointed by each party. Written <br />notice of the appointment shall be given by each party to the <br />other when made. <br />b. The two arbitrators shall immediately choose a third arbitrator to <br />act with them. If they fail to select a third arbitrator within <br />ten (10) days of their appointment, on application by either <br />party, the third arbitrator shall be promptly appointed by the <br />then presiding judge of the Superior Court of the State of <br />California in and for the County of Alameda, Hayward Division, <br />acting as an individual with no liability assumed and held <br />harmless and defended against any liability arising out of such <br />action by both parties. The party making the application shall <br />give the other party three (3) working days' notice of the <br />application. <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 />c. If the arbitrator is reviewing a decision of the City Council <br />pursuant to Section 8 b), then review shall be based solely <br />upon the record and the arbitrator's sole function shall be to <br />determine if the City Council's decision is supported by the <br />substantive evidence. <br />8 <br />