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..,.... three (3) business days following the appointment of the third (3rd) arbitrator, each Party shall submit to the arbitrators its best estimate of the correct solution to the dispute l,Inder submission (the "Estimated Determination"). The determination of the arbitrators shall be limited solely to the issue of whether landlord's or Tenant's Estimated Determination of the dispute under arbitration is closer to the arbitrators' independent determination of the dispute, taking into account any definitions or other sections of the lease which may be applicable to the dispute. The three (3) arbitrators shall within thirty (30) days of the appointment of the third (3rd) reach a decision as to whether the Parties shall use landlord's or Tenant's Estimated Determination and shall notify landlord and Tenant thereof. The decision of the majority of the three (3) arbitrators shall be binding upon landlord and Tenant. 10.1.2 Failure to Agree. If either landlord or Tenant fails to appoint an arbitrator within fifteen (15) days after the Outside Agreement Date, or if the two (2) arbitrators fail to agree upon and appoint a third (3rd) arbitrator, both arbitrators shall be dismissed; and the matter to be decided shall be forthwith submitted to arbitration under the current rules of the American Arbitration Association, but subject to any definitions or sections of the lease which may be applicable to the dispute under submission. 10.1.3 Payment. The losing Party shall pay to the prevailing Party the amount of the final arbitration award. If payment is not made within ten (10) business days after the date the arbitration award is no longer appealable, then in addition to any remedies under the law, if landlord is the prevailing Party, it shall have the same remedies for failure to pay the arbitration award as it has for Tenant's failure to pay Rent; and if Tenant is the prevailing Party, it may deduct any remaining award from its mònthly payment of Rent or other charges. 10.1.4 Disputes Subject to Arbitration. The following disputes are subject to arbitration: (a) any disputes that the Parties agree to submit to arbitration; (b) the date when landlord's work in the Premises is substantially completed under the Work letter Agreement, if any; (c) the amount of any abatement of Rent because of damage or condemnation; (d) which Party must comply with applicable laws; (e) whether the utilities are being provided in the quality and 42 , T' '1'" -"