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~ <br />~ <br />(a) the party who is the defendant or respondent in such <br />litigation shall be deemed to have waived its option to arbitrate said dispute if such party <br />files a general appearance in the litigation prior to filing a claim in arbitration in the <br />matter specified above; and <br />(b) the plaintiff or petitioner in such litigation will be deemed <br />to have waived its right to arbitrate said dispute if such party fails to file a claim for <br />arbitration in the manner specified above within sixty (60) days after a general <br />appearance in the litigation has been filed by the party who is the defendant or respondent <br />in the litigation. <br />13.4.2 If a party properly exercises its option to arbitration, arbitra.tion of <br />such dispute shall be mandatory ai~d any pending litigation shall be stayed. <br />13.4.3 The award of the arbitrators shall be~in writing. The Manager or <br />the Owner shall have all rights arising under Oregon law regarding any arbitration award under <br />this Agreement. <br />13.4.4 The Manager and Owner agree to join in one arbitration all persons <br />or parties with claims relating.to or arising out of the same transaction, occurrence, or series of <br />h-ansaction or occurrences as the dispute between the Owner and Manager, if there is a common <br />question of law or fact. <br />13.5 Attornev's Fees <br />In the event of any lawsuit or arbitration between the parties arising out of the <br />subject matter of this Agreement, which suit or arbitration shall result in a court's or arbitrator's <br />rendering a decision, the prevailing party in such a suit or arbitration sha11 be entitled to an award <br />of and to collect the reasonable attorney's fees incurred by it in the defense or prosecution of any <br />such suit or arbitration, at trial or upon any appeal. <br />13.6 Schedules and Exhibits <br />The following Schedules and Exhibits are attached hereto and incorporated as part <br />of this Agreement: <br />Schedule 1 Manner of Paying Development Fee <br />Exhibit A Addendum to Contract, FTA Contract Requirements <br />Exhibit B Public Contract Provisions <br />E~chibit C Certification Regarding Lobbying <br />15 0 ~ as~9o.o~ <br />