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m APPEN DIX A in adequ acy of w ater, fa ilu re of fa c ilitie s , flo o d , earthquake, storm , lightning, fir e , ep id em ic, w ar, riot, c iv il distu rban ce, labor d is tu r­b a n ce, sabotage, and restra in t by cou rt or p u blic authority, which, by e x e r c is e of due d iligen ce and foresig h t, such p arty could not r e a s o n ­ably have been expected to avoid. E ither p arty ren d ered unable to fu l­fill any obligation by re a so n of un con trollable fo r c e s shall e x e r c is e due d ilig en ce to rem ov e such inability with all rea son a b le dispatch . IN TERRUPTION OF SERVICE 37. BMI shall be p erm itted to interrupt d e liv e rie s of w ater hereu nder fo r rea son a b le p eriod s or tim e fo r the p u rp ose of m aking n e c e s s a r y in sp ection s of or re p a irs to the W ater F a c ilitie s . Such in sp ection s and re p a irs in so far as p ra ctica l shall be m ade at r e g u ­la r ly sch edu led in tervals of w hich the Water D is tr ict shall be given rea son a b le advance n otice. DISPUTES AND DISAGREEMENTS 38. D isputes or d isagreem en ts betw een or am ong the p a rties h ereto as to the in terp retation or p e rform a n ce o f the p ro v isio n s of this agreem en t shall be d eterm in ed either by a rb itra tion or cou rt p r o c e e d ­in g s. If in any such a rbitration or cou rt p ro ceed in g s or oth erw ise, any sum or am ount paid b y the W ater D is tr ict on the dem and or b ill of BM I under this agreem en t shall be held not to have been due or ow ing, p a y ­m ent shall not be deem ed to have been voluntary, and such sum of am ount shall be refun ded. W henever a co n tro v e rs y a r is e s out of this agreem en t, BM I and the Water D is tr ict m ay a g ree to subm it the m atter to a rb itra tion . W ithin five (5) days of such agreem en t BM I shall appoint one a rb itra to r, and the Water D is tr ict shall appoint one a rb itra to r. The two a rb itra to rs thus appointed shall not la ter than five (5) days after the appointm ent of the secon d a rb itra tor m eet and s e le c t a third a rb itra to r. In the event of their fa ilu re to nam e such third a rb itra tor within fiv e (5) days after their fir s t m eeting, such third a rb itra tor shall be nam ed b y the S en ior Judge of the C ircu it C ourt of A ppeals fo r the Ninth F e d e r a l C ircu it. The d e cis io n of any two of such three a rb itra tors shall be a v a lid aw ard of the a rb itra to rs, and shall be fin al and binding as to the p a rtie s h ereto. A - 15