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s..�-���� <br /> C. Binding Arbitration. <br /> If areas of disagreement with respect to such modifications remain unresolved after <br /> ninety (90) days of the commencement of inediation, the Parties agree to implement <br /> binding arbitration based upon the results of a Cinema Pazking Survey as described in <br /> Section IX-A-2 of this Agreement. <br /> 1. In no event shall any such arbitration modify the following aspects of this <br /> agreement: <br /> a. The City's ability to treat non-Project businesses equal to non- <br /> Cinema businesses in the Project shall not be eliminated without the City's <br /> consent. <br /> b. Cinema patrons' access to four-hour parking shall not be <br /> eliminated without Century's consent. <br /> 2. Any modifications to this Agreement generated by any such arbitration <br /> process shall be effective for a period of ten (10) years only, unless a 10-yeaz <br /> Renewal Term would extend beyond the forty-fifth (45` year, in which case the <br /> Renewal Term shall terminate at the forty-fifth (45�') yeaz. <br /> 3. Each party shall pay their own attorney's fees and other legal costs as part <br /> of the conflict resolution process with respect to the Renewal Term. <br /> X. GENERAL PROVISIONS <br /> A. Other A�reements. <br /> Nothing contained herein shall be construed as affecting the City's or Developer's <br /> respective duty to perform its respective obligations under other agreements, land use <br /> regulations or subdivision requirements relating to the development of the Project Site, <br /> which obligations aze and shall remain independent of the Developer's rights and <br /> obligations, and the City's and Agency's rights and obligations under this Agreement. <br /> B. Third Partv Beneficiaries. <br /> No person or entity except Century and its permitted successors and assigns shall be deemed <br /> to be a third party beneficiary hereof, and nothing in this Agreement (either express or <br /> implied) is intended to confer upon any person or entity other than the City the Developer <br /> (and their respective successors and assigns) and Century, as an intended third party <br /> beneficiary, any rights, remedies, obligations or liabilities under or by reason of this <br /> Agreement. <br /> Atty/Agr/Agr.194 <br /> 061704 13 <br />