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<br />e <br /> <br />e <br /> <br />arbitrator mutually agreed to by Authority and City. Such arbitrator shall proceed to resolve the <br /> <br />dispute submitted to him pursuant to the tenns of this Article and in accordance with the <br /> <br /> <br />procedures establishe~ by the Texas General Arbitration Act, Article 224, et seq., Vernon's Texas <br /> <br />Civil Statutes Annotated (Vernon Supp. 1998), (the "Arbitration Act"). If the parties cannot <br /> <br />agree on a single arbitrator, the parties shall settle the matter by selection of an arbitrator pursuant <br /> <br />to the procedures established by the Texas Arbitration Act. <br /> <br />Section 4.02. The provisions of this Article are subject to and shall not be construed as <br /> <br /> <br />attempting to exclude the jurisdiction of the Texas Natural Resource Conservation Commission or <br /> <br />any other governmental regulatory authority to arbitratepr settle disputes, hold hearings or enter <br /> <br />orders relating to the subject matter of this Agreement. <br /> <br />~ <br /> <br />Miscellaneous Provisions <br /> <br />Section 5.01. City shall construct, own, operate and maintain Sanitary Sewage Collection <br /> <br />and Transportation Facilities including, but not limited to, a Lift Station and a Pipeline, and all <br /> <br />other works necessary for the collection and transportation of its DSIMS to the Point of Delivery. <br /> <br />The Sanitary Sewage Collection and Transportation Facilities, including the Pipeline, are more <br /> <br />particularly described in Exhibit "C," attached hereto and made a part hereof. It is specifically <br /> <br />understood and agreed, unless otherwise expressly provided herein, that all capital costs and all <br /> <br />operation and maintenance expenses associated with City's Sanitary Sewage Collection and <br /> <br />Transportation Facilities, shall be and shall remain the sole responsibility of City. City agrees to <br /> <br />(a) maintain all its Sanitary Sewage Collection and Transportation Facilities and to repair <br /> <br />promptly any breaks therein so as to prevent the entry of surface or ground water, sand, or other <br /> <br /> <br />foreign materials; (b) adopt and enforce rules and regulations to ensure that connections to its <br /> <br />GCA\LaPORT.WfAFlNAlJl2/07198 <br /> <br />6 <br />