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a) Each Third Party Beneficiary and ABAG POWER shall have the right to submit <br />the name and qualifications of an individual nominated for the panel. The <br />individual shall be a member in good standing of the State Bar of California. <br />ABAG POWER will compile a list of all such names, with the names of those <br />submitted more than once, appearing as many times as they were submitted <br />(List). <br />b) Each Third Party Beneficiary which submitted a name and ABAG POWER, if it <br />submitted a name, shall have the right to strike a name from the List. The <br />order in which the Third Party Beneficiaries and ABAG POWER shall strike <br />names shall be determined by lot. <br />c) The striking process shall continue until only the names of three (3) qualified <br />individuals are left. They shall constitute the arbitration panel. <br />IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth <br />below. <br />Dated:__ v~-/~ a ~ MEMBER: <br />Dated: <br />Approved as to Legal Form and Content: <br /> <br />John J. Jermanis <br />Print Name <br />City Manager - City of San Leandro <br />Title <br />ABAG PUBLICLY OWNED ENERGY <br />RESOURCES (ABAG POWER): <br />Eugene Y. Leong, President <br />By: <br />Kenneth K. Moy, Legal Counsel <br />ABAG Public Owned Energy Resources (ABAG POWER) <br />