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testimony that it determines to be relevant, in accordance with procedures that it determines to be <br />appropriate. Any award entered shall be made by a written opinion stating the reasons for the <br />award made. The arbitrators may award legal or equitable relief; including but not limited to <br />specific performance, and may award the costs an d fees, including attorneys', arbitrators and <br />expert witness fees, to the prevailing party. -Such award shall be final and binding on all parties, <br />and shall not be appealable. Each party shall continue to perform its obligations under this <br />Agreement and notwithstanding any other provision of this Agreement, neither party shall have <br />the power to terminate this Agreement, nor shall this Agreement automatically terminate by its <br />own provisions, pending conclusion of the arbitration. <br />ARTICLE 13 <br />re] A <br />13.1 Closing The Closing of this Agreement shall take place on September 23, 2010 <br />and shall be conducted by the exchange of executed documents via FedEx delivery, to be <br />completed by September 23, 2010 or as otherwise extended and agreed to by the parties in <br />writing. <br />13.2 Deliverables at Closing At or before the time of Closing: <br />a. Lessee shall provide Lessor insurance coverage certificates as set forth in <br />Section 6.3 of this Agreement; <br />b. Lessee shall provide Lessor the Letter of Credit as set forth under Section 3.1 <br />of this Agreement, as security for Lessee's guaranteed rental payment requirements; and <br />c. Lessee shall provide Lessor the Letter of Credit as set forth under Section 2.8 <br />of this Agreement, as security for the Lessee's reclamation requirements. <br />ARTICLE 14 <br />MEMORANDUM OFAGREEMENT <br />14.1 Memorandum of Agreement Lessor and Lessee agree that upon the request of <br />either party it will execute a Memorandum of Agreement suitable for recording and likewise <br />upon termination of this Agreement a Memorandum of Release. <br />ARTICLE 15 <br />MISCELLANEOUS <br />15.1 Notices Any notice to be given or delivered pursuant to this Agreement shall be <br />ineffective unless given or delivered in writing, and shall be given or delivered in writing as <br />follows: <br />14 <br />• <br />