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Commercial Arbitration Rules R-1 through R-54, specifically including the right to conduct full <br /> discovery prior to any trial or hearing, and with the arbitration to be administered by the <br /> American Arbitration Association. In the event the parties are not able to agree upon the <br /> selection of an arbitrator, the arbitrator shall be randomly selected from a list of four <br /> (4) arbitrators, two (2) of which are named by Contractor and two (2) of which are named by <br /> Subcontractor. All matters submitted to the arbitrator, once ruled upon, shall be final and <br /> Page 1125 <br /> binding on the parties, and non-appealable. Such arbitration shall take place in the same city <br /> as Contractor's principal place of business. Except as otherwise expressly provided in this <br /> Agreement, the prevailing party in any proceeding brought under this Agreement shall be • <br /> entitled to an award of arbitration expenses incurred by such prevailing party arising out of, <br /> connected with, related to, or incidental to such proceeding, which award of arbitration <br /> expenses shall be in addition to any other remedy awarded in such arbitration. <br /> 26. The parties agree to execute and deliver such further instruments or <br /> documents necessary to carry out any agreement, term, or condition of this Agreement. <br /> 27. The terms of this Agreement are specifically enforceable by Contractor. <br /> 28. Unless otherwise stated herein, any and all notices or other communications <br /> required or permitted to be given under any of the provisions of this Agreement shall be in <br /> writing and shall be deemed to have been duly given when: (a) personally delivered, (b) the <br /> date set forth on the return receipt as being received or refused when mailed by first class <br /> registered mail, return receipt requested, (c) by electronic mail one (1) day following read <br /> receipt acknowledgement, and/or (d) by facsimile one (1) day following acknowledgement of <br /> transmission. Such notice(s) or other communications shall be addressed to the parties at the <br /> address and/or contact information set forth below, or at such other address and/or contact <br /> information as any party may specify by notice to all other parties given as aforesaid: <br /> If to Contractor: KDF <br /> 37goimmii4egv Road <br /> Springville, Alabama .5146 <br /> KDF Enterprises, LLC RFP Disaster Debris Management and 'Disposal Services 18-04-02 <br />