1. During all disputes arising under this franchise, the City and franchisee shall continue performance of their respective obligations under this franchise, unless and until the franchisee is terminated for default.

2. In which case, the franchisee’s obligation to pay a franchise fee based on cash receipts generated from services provided under the franchise during said dispute shall survive such termination.

1. Within 15 days after agreement to arbitration has been reached, each party shall submit the name of its own arbitrator, selected from a panel of persons qualified with the Arbitration Service of Portland, Inc., or the American Arbitration Association, whichever organization is specified in the written notice of request for arbitration.

2. The two arbitrators shall select a third arbitrator from such panel within 15 days, or in case of a disagreement concerning the appointment of the third arbitrator, the third arbitrator shall be appointed from such panel by the presiding judge for the Circuit Court of the State of Oregon for Washington County.

3. During such time that the arbitrators are being selected or appointed, the parties shall continue to negotiate in good faith to resolve their dispute in a cooperative manner.

4. Arbitration shall be conducted in the City in accordance with the then effective rules of the arbitration service/association.

5. The decision of the arbitrators in the matter shall be final and binding on the parties, and any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. [BC 4.08.470, amended by Ordinance No. 4613, 4/2/13]