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<br />- <br /> <br />e <br /> <br />decision to use arbitration within the 30 day review period <br />specified in paragraph 9.5. It is the intent of the parties <br />that there be a panel of three arbitrators, each of whom is <br />to be familiar with the technical issues associated with the <br />dispute. Each of the two Parties shall name a technical <br />expert as a representative wi thin 15 days of the notice to <br />use arbitration and the two arbitrators named shall select a <br />third technical expert within 15 days after the Parties have <br />each named an arbitrator. The arbitration panel shall <br />determine whether the events described in Section 9.4 have <br />occurred, and if so, whether the Landfill is the primary <br />cause of the increase in methane concentrations and whether <br />such events can be reasonably anticipated to cause Boe to <br />exceed the methane specification of 25 ppm in its oxygen <br />product. The Parties agree to be bound by the decision of <br />the arbitration panel, as evidenced by a majority vote of the <br />panel. Each party agrees to compensate the arbitrator who it <br />has appointed, and agrees to pay one-half of the costs of the <br />third arbitrator. Unless otherwise ~greed to in writing by <br />the Parties, the arbitration panel shall conduct its <br />activities in a manner and on a time schedule such that the <br />panel will render a decision within 60 days of the selection <br />of the third arbitrator. It is the intent of the Parties <br />that this agreement comply with and be in conformance with <br />the terms and conditions of the Texas General Arbitration <br /> <br />9 <br />