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a ' Nov -12-04 03:43pm From -VULCAN MATERIALS CO. 3232581583 T-470 P.008/011 His j 10. Termination. Yf not previously terminated by written notice as provided in Paragraph 12 hereof or extended as provided in section 11 hereof, this Agreement shall terminate on August 31, 19980 >rxcept for such terminations, the rights granted pursuant to this Agreement shall be nonrevocable. 11. Este_ nsion. Ca1Mat hereby chants CPC the right and option to extend the term of this agreement for two (2) additional terms of five (5) years each# commencing on the 1st day of September, 1998 and 2003, upon the same terms and conditions as stated herein. such options shall ba exercisable only if CPC is not, at the date of such exercise and at the date the extended term would otherwise commence, in 'default in the performance of any of the terms, covenants or conditions of this Agreement. CPC shall exercise such option by giving,vritten notice to CAINat no less than ninety (90) days prior to the expiration of the term of this Agreement. Should CpC elect not to exercise the first option term, CFCs right to exercise the second option provided herein shall automatically be forfeited and said second option shall be null and void. 12. Early Termination. Notwithstanding anything contained in Paragraph 10 hereof, in the event that CPC ceases Its Cement producing operations at the Colton - Facility, this Agreement shall immediately terminate. 23. Headir,as. The descriptive headings of the several sections hereof are inserted for convenience only and' shall not control or affect the meaning or construction of any of the provisions hereof. Ze. Arbitfatfen. All disputes arising underthis: .agreement shall be settled by arbitration. The party desiring such arbitration shall give written notice to that .effect to the other party and in such notice shall appoint as an arbitrator a disinterested person of recognized competence in the area at issue. Within fifteen (15) days. thereafter, the other party shall, by written notice to the originating party, appoint a second person similarly qualified as the second arbitrator. The arbitrators thus appointed shall appoint a third person similarly qualified AS the third arbitrator, and such three arbitrators shall as promptly as possible determine such matter with the parties,.each being entitled to present evidence and argument to the Arbitrators; provided, however, that: (1) it the second arbitrator shall not have been appointed as aforesaid, the first arbitrator shall determine such matter. and (ii) if the two arbitrators appointed by the parties shall be unable to agree upon the appointment of laOitGt�tltE1t#b.11GT 4