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Section d. Arbitration. In the event of any dispute arising under Section 5, Article I <br />of tlus Agreement, each parry shall choose one arbitrator and such arbitrator shall choose one <br />additional arbitrator, and the decision of a majority of all the arbitrators shall be final and <br />conclusive of the question involved. If either party refuses or fails to promptly appoint an <br />arbitrator, the same may be appointed by any jud4e of the state district court for Sherburne <br />County, lulinnesota. Arbitration shall be in accordance with the rules of the American <br />Arbitration Association. <br />Section 5. Default and Remedies. If a Party defaults in the performance of its <br />obligations under this Agreement, the non-defaulting Party may give the defaulting Party written <br />notice of the default, and if the defaulting Party fails or refuses to perform the defaulting Party's <br />obligations within 30 days of the defaulting Parry's receipt of the notice of default, the non- <br />defaulting Parry may: <br />(a) Undertake to perform the obligation the defaulting Party has failed <br />or refused to perform and recover from the defaulting Party any costs and expenses the <br />non-defaulting Party incurs in connection there with; <br />(b) Commence an action in Sherburne County District Court to <br />compel the defaulting Party to specifically perform its obligations; and <br />(c) Commence an action in Sherburne County District Court to <br />recover damages. <br />In addition and not withstanding anything else in this Section 5, if the default is the failure to <br />observe the restriction set forth in the first sentence of Section 7, Article I, the non-defaulting• <br />Party may, after notice to the defaulting Party but without providing the defaulting Parry with an <br />opportunity to cure, commence an action in Sherburne County District Court for a temporary <br />restraining order, temporary injunction or permanent injunction. The prevailing Party in any <br />action to enforce this Agreement is entitled to recover its reasonable attorney's fees and costs <br />from the non-prevailing Party. <br />iv~si~t~z 6 <br />