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<br />0 <br />['- <br />c--; <br />C',l <br />C 1 <br /> 2 <br /> 3 <br /> 4 <br /> 5 <br /> 6 <br /> 7 <br /> 8 <br /> 9 <br /> 10 <br /> 11 <br /> 12 <br /> 13 <br /> <br />Edison Comp&"'1Y, or either of them, <br /> <br />and the United States, relating to <br /> <br />the project; or <br /> <br />(ii) impairs the rights of the City <br /> <br />or Edison Company under the provisions <br /> <br />of Article 17(m) of this contract; or <br /> <br />(iii) is a determination under the <br /> <br />provisions of Article 23(a) of this <br /> <br />contract. <br /> <br />In such arbitration or court proceedings, the <br /> <br />determination on any question of fact by the Secretary, or by the <br /> <br />Director (if no appeal to the Secretary has been taken) shall be <br /> <br />conclusive unless it shall clearly appear that such determination <br /> <br />14 was arbitrary or capricious. <br /> <br />15 <br /> <br />(d) Except as provided in subdivision (c) of this <br /> <br />16 Article, every instruction, direction and determination of the <br /> <br />17 Secretary (whether on appeal from the Director or otherwise) <br /> <br />18 made pursuant to the provisions of this contract, shall be final <br /> <br />19 and binding as to the Operating Agents. <br /> <br />20 (e) Whenever a controversy arises as to matters <br /> <br />21 specified in subdivisions (i), (ii) or (iii) of subdivision (c) <br /> <br />22 of this Article, and the disputants agree to submit the matter to <br /> <br />23 arbitration, the Operating Agents, or if the matter in dispute <br /> <br />24 affects the right of only one Operating Agent, then such Operating <br /> <br />25 Agent, shall name one arbitrator and the Secretary shall name one <br /> <br />38 <br />