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0 0 <br />representatives and assigns in accordance with the terms hereof. Provided, <br />however, that nothing contained in this paragraph shall alter the restrictions <br />above relating to assignment. <br />12. Default. Time and specific performance are the essence of this <br />Agreement. Eugene shall be in default of this Agreement if: <br />It fails to pay any sum of money required to be paid within twenty (20) <br />days after it is due; or <br />It fails to comply with any term or fulfill any obligation under this <br />Agreement, other than the payment of money, within thirty (30) days after <br />written notice by Giustina. If such default is of a nature that cannot be <br />completely remedied within a thirty (30) day period, this provision shall be <br />complied with if Eugene begins correction of the default within the thirty <br />(30) day period and thereafter proceeds with reasonable diligence and in <br />good faith to effect the remedy as soon as practicable. <br />13. Remedies. If Eugene is in default, Giustina may terminate this Agreement <br />by notice and may recover damages, whether or not this Agreement is terminated. <br />Such remedies shall be in addition to any other remedies afforded under applicable law. <br />14. Attorney Fees. If any suit, action or other proceeding shall be instituted <br />relating to any term, provision, covenant or condition of this Agreement or relating to <br />any of the rights, duties or obligations arising under it, the prevailing party shall be <br />entitled to recover from the other party and other party agrees to pay to the prevailing <br />party, whether or not the matter proceeds to final judgment or decree, in addition to <br />costs and disbursements allowed by law, such sum as the trial and each appellate court <br />may adjudge reasonable as attorney's fees in such suit, action or other proceeding and <br />in any appeal thereof. <br />15. Arbitration. In the event the parties fail to agree on the fee for the renewal <br />term by the time required herein they shall immediately consult and attempt to agree <br />upon a mutually acceptable single arbitrator who is an independent real estate <br />appraiser having knowledge of valuation of easements or leases relating to <br />communication or broadcasting facilities. If the parties fail to agree by the expiration of <br />the original term, either party may apply to the Senior Circuit Judge of the State of <br />Oregon for Lane County for appointment of a single arbitrator. When an arbitrator has <br />been appointed, the arbitration shall proceed according to Oregon Statutes governing <br />arbitration except as herein provided to the contrary. The arbitrator shall set the fee for <br />the renewal term based upon the fair market value of the use and the rights granted <br />herein, but this fee shall not be less than the amount set forth in paragraph 10. All <br />decisions of the arbitrator shall be in writing and be served upon the parties. The <br />parties shall share equally the expense of the arbitrator; the costs of fees, other than <br />attorney's fees shall be taxed by the arbitrator against the losing party_ <br />16. Notice. Any notice permitted or required under the provisions of this <br />Agreement that is to be given shall be in writing and shall be deemed to have been duly <br />Comment: Since fees are waived, <br />1 should this section he modified? <br />Daniel <br />EASEMENT AGREEMENT - 5 <br />