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<br />C. Binding Arbitration. <br /> <br />If areas of disagreement with respect to such modifications remain unresolved after <br />ninety (90) days of the commencement of mediation, the Parties agree to implement <br />binding arbitration based upon the results of a Cinema Parking Survey as described in <br />Section IX-A-2 of this Agreement. <br /> <br />1. In no event shall any such arbitration modify the following aspects of this <br />agreement: <br /> <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 /> <br />b. Cinema patrons' access to four-hour parking shall not be <br />eliminated without Century's consent. <br /> <br />2. Any modifications to this Agreement generated by any such arbitration <br />process shall be effective for a period often (10) years only, unless a 10-year <br />Renewal Term would extend beyond the forty-fifth (45th) year, in which case the <br />Renewal Term shall terminate at the forty-fifth (45th) year. <br /> <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 /> <br />x. GENERAL PROVISIONS <br /> <br />A. Other Agreements. <br /> <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 are 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 /> <br />B. Third Party Beneficiaries. <br /> <br />1. Intended Third Party Beneficiary. No person or entity except Century and <br />its permitted successors and assigns shall be deemed to be a third party beneficiary <br />hereof, and nothing in this Agreement (either express or implied) is intended to <br />confer upon any person or entity other than the City, the Developer (and their <br />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 /> <br />Atty/Agr/Agr.194 <br />062404 <br /> <br />13 <br />