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upr000154-051
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I agree.V op amount paid by the Water District on the demand or bill of BMI under this agreement shall be held not to have been due or owing, payment shall not be deemed to have been voluntary, and such sum or amount shall be refunded. When-ever a controversy arises out of this agreement BMI and the Water District may agree to submit the matter to arbitration. Within five (5) days of such agreement BMI shall appoint one arbitrator and the Water District shall appoint one arbitrator. The two arbitrators thus appointed shall not later than five (fj) days after the appointment of the second arbitrator meet and select a third arbitrator. In the event of their failure to name such third arbitrator within five (5 ) days after their first meeting, such third-arbitrator shall be named by the Senior Judge of the Circuit Court of Appeals for the Ninth Federal Circuit. The decision of any two of such three arbitrators shall be a valid award of the arbitrators, and shall be final and binding as to the parties hereto. PERFECTION OF TITLE TO CERTAIN LANDS OR OBTAINING OF CERTAIN EASEMENTS 39• SMI agrees to take any measures necessary to obtain a good and sufficient title or easements in, to, over, across or under any lands required for the operation and maintenance of any portion of the Water Facilities required • S V. is 27.