Any arbitration held pursuant to this franchise shall be conducted as follows:
(a) The grantee and the City each shall, within fifteen days of the decision to proceed with arbitration, appoint one arbitrator experienced in the cable television business which arbitrators shall mutually select a third arbitrator experienced in regulated industries or law.
(b) Within thirty days after appointment of all arbitrators and upon fifteen days written notice to the parties to the arbitration, the arbitrators shall commence a hearing on the dispute.
(c) The hearing shall be recorded and may be transcribed at the request of either City or the grantee.
(d) At the close of the hearings and within thirty days, the arbitrators shall prepare written findings and serve such decision upon City and the grantee.
(e) The decision of the majority of the arbitrators shall be binding upon the parties to the arbitration upon confirmation.
(f) All costs of arbitration shall be borne equally by the parties to the arbitration unless otherwise ordered by the arbitrators or unless there is a finding that the violation or breach of this franchise was willful in which case the other party's reasonable costs, including attorney fees, shall be borne by the party found to have willfully breached this franchise.
(g) The arbitration shall be governed in all other respects by Ohio R.C. 2711.01 et seq. provided that either party may obtain a de novo review of an arbitration decision, subject to Section 741.31(b). Failure to appeal any award of the arbitrators shall not preclude a de novo review pursuant to Section 741.31.
(Ord. 09-85-92. Passed 9-15-92.)