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This excerpt taken from the PENN 8-K filed Oct 4, 2005. Arbitrator) mutually agreed
upon by Seller and Buyer for final and binding resolution of such dispute in
accordance with procedures mutually agreed upon by Seller and Buyer. If Buyer and Seller are unable to agree on an
Arbitrator, then Buyer and Seller shall each select such an Arbitrator and the
two Arbitrators so selected shall select a third Arbitrator. The findings of the Arbitrator so selected by
Buyer and Seller (or, if Buyer and Seller are unable to agree on an Arbitrator,
so selected by the
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Arbitrators pursuant to the foregoing sentence) shall be final and binding on all of the parties hereto, and the fees and expenses of the Arbitrator(s) shall be paid by one-half by Seller and one-half by Buyer.
This excerpt taken from the PENN 8-K filed Jun 22, 2005. Arbitrator)
mutually agreed upon by Penn and Buyer for final and binding resolution of such
dispute in accordance with procedures mutually agreed upon by Penn and
Buyer. If Buyer and Penn are unable to
agree on an Arbitrator, then Buyer and Penn shall each select such an
Arbitrator and the two Arbitrators so selected shall select a third
Arbitrator. The findings of the
Arbitrator so selected by Buyer and Penn (or, if Buyer and Penn are unable to
agree on an Arbitrator, so selected by the Arbitrators pursuant to the
foregoing sentence) shall be final and binding on all of the parties hereto,
and the fees and expenses of the Arbitrator(s) shall be paid by one-half by
Penn and one-half by Buyer.
[signature page follows]
11
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be signed by their respective duly authorized officers as of the date first written above.
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