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.~ <br />22. WAIVER <br />`r <br />22.01 No condoning, excusing, or overlooking by or on behalf of any party of any <br />breach o[ any of the covenants, provisions, conditions, restrictions or stipulations herein <br />contained shall take effect or be binding upon that party unless the same be expressed <br />in writing under the authority o[ that party end any waiver so given shall be extended <br />only to the particular breach so waived and shell not limit or affect any rights with <br />respect to any other or future breech. <br />23. FURTHER ASSURANCES <br />23.01 Each of the parties hereto shall from time to time and at all times do all such <br />further acts and execute and deliver all further deeds and documents as shell be <br />reasonably required in order to fully perform and carry out the terms of this Agreement. <br />For greater certainty, this paragraph shall not be construed as imposing any obligation <br />on any party to provide guarantees. <br />24. USE OF NAME <br />24.01 No party shall, except when required by this Agreement or by any law, by-law, <br />ordinance, rule, order or regulation, use, suffer or permit to be used, directly or <br />indirectly, the name of any other party for any purpose related to the Property. <br />25. AMENDMENTS <br />25.01 This Agreement constitutes the entire agreement between the parties hereto <br />with respect to the subject matter hereof. No amendment or variation of the provisions <br />of this Agreement shall be binding upon any party unless it is evidenced in writing <br />executed by that party. <br />26. ARBITRATION <br />26.01 If any question, difference or dispute shall arise between the parties or any of <br />them in respect of any matter arising under or relating to this Agreement or in relation <br />to the construction hereof, the same shall be determined by the award of three <br />arbitrators to be named as follows: <br />(a) the party or parties sharing one side o[ the dispute shall name an arbitrator <br />and give notice thereof to the party or parties sharing the other side o[ <br />the dispute; <br />(b) the party or parties sharing the other side of the dispute shell, within 14 <br />days of receipt of the notice, name an arbitrator; and, <br />(c) the third arbitrator shall be appointed by the Arness McGrif[in Cosl Company <br />or its successor in interest under the 1984 Sublease. <br />The decision of the majority o[ these arbitrators shall he made within 30 days after <br />the selection of the last of them. The expense of the arbitration shall be borne equally <br />by the parties to the dispute. It the parties on either side of the dispute fail to name <br />their arbitrator within the time limited or to proceed with the arbitration, the arbitrator <br />named may decide the question. The arbitration shall be conducted in accordance with <br />the provisions of the statute governing arbitrations of the State o[ Utah, United States <br />11 <br />