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<br />- <br />f"- <br />e-:-, <br />e-,~ <br /> <br />.- <br />'- <br /> <br />1 arbitrator, and the two arbitrators thus chosen shall meet as <br /> <br />2 soon as practicable thereafter and shall elect a third arbitrator, <br /> <br />3 but in the event of their failure to name such third arbitrator <br /> <br />4 within five (5) days after their first meeting, such third <br /> <br />5 arbitrator shall be named by the Senior Judge of the United States <br /> <br />6 Circui t Court of Appeals for the Ninth Circuit. The decision of <br /> <br />7 of any two of such arbitrators shall be a valid award of the <br /> <br />8 arbitrators, and shall be final and binding as to the parties hereto. <br /> <br />9 <br /> <br />(f) Every instruction, direction and determination <br /> <br />10 of the Director or Secretary (whether on appeal from the Director <br /> <br />11 or otherwise) made pursuant to, or relating to the interpretation <br /> <br />12 or performance of, the provisions of this contract or of any <br /> <br />13 amen&nent hereof or supplement hereto, shall be final and binding <br /> <br />14 as to all allottees and contractors to the same extent as it may be <br /> <br />15 binding upon the Operating Agents; provided, that with respect to <br /> <br />16 any such instruction, direction or determination which affects <br /> <br />17 the rights of any allottee or contractor under contracts between <br /> <br />18 such allottee or contractor and the United States relating to the <br /> <br />19 Project, such allottee or contractor shall have the right, to the <br /> <br />20 same extent as the Operating Agents, to appeal to the Secretary <br /> <br />21 and to be heard, and to resort to arbitration or court proceedings. <br /> <br />22 Nothing in this Article 26 or elsewhere in this <br /> <br />23 contract contained shall limit or otherwise affect any right that <br /> <br />24 any contractor has under any other contract heretofore or herea~Ger <br /> <br />25 executed to the review of any determination or the settlement of <br /> <br />26 any controversy. <br /> <br />39 <br />