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Nov -12-04 03:43pm From -VULCAN MATERIALS CO. 3232581583 7-470 P.009/011 F-616 a third arbitrator within fifteen (15) days after the ' appointment'of the second arbitrator, they shall give written notice of such failure to agree to the parties, and, If the parties fail to Agreeuponthe Selection of such third arbitrator within fifteen (15) days thereafter, then within ten (10) days thereafter, either of the parties upon written notice to the other party 30ay apply for such, appointment to the Federal District Court or County Superior Court in Los Angeles, California. The arbitrator or arbitrators shall only interpret and apply the terms and provisions of this Agreement and shall not change any such terms or provisions or deprive either pasty of any right or remedy expressly or impliedly provided for in this Agreement- The determination of the majority of the arbitrators or the sole arbitrator, as the case may be, shall, to theextentpermitted by law, be conclusive upon the parties. The arbitrator or Arbitrators shall give written notice, to the parties stating their determination, and shall furnish to each a copy of such determination signed by them. 3n the event of the failure, refusal or inability of any arbitrator to act, a new arbitrator shall be appointed in his stead, which appointment shall be made in the same manner as hereinbefore provided for the appointment of the arbitrator so failing, refusing or unable to act. 25. Notice. Any notice, request or other communication required or permitted in this Agreement shall be in writing and shall be sufficiently given if personally delivered or if sent by registered or certified mail, postage prepaid, addressed as follows: To Calmat: Ca1Mat Co. 3200 San Fernando Road Los Angeles, California 90065 Attention: Scott J Wilcott To CPC: California Portland _Cement Company 3200 San Fernando Road Los Angeles, Californias 90065 Attention:' Ronald E. Evans. The address of any party hereto may be changed by notice to the other party hereto duly served in accordance with the -foregoing provisions. 16. Entire Agreement. Except for the Cnoda Agreement, this agreement constitutes the entire Agreement of the parties with respect to the subject matter hereof, and supersedes any and all prior written or oral contracts or sao�wt�urf«sEs.A�r 5