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II <br /> II <br /> <br /> Ii <br /> il <br /> I! <br /> <br />lB <br /> I <br /> <br />(4) <br /> <br />(r) <br /> <br />within ninety (90) days and pursuant to procedures <br />established by Grantee refund the rate overage to <br />affected subscribers. <br /> <br />Either party may also seek judicial relief to the <br />extent authorized under Minnesota Statutes, <br />§572.09 and ~572.19 as the same may be amended, <br />and in addition, under the following circumstan- <br /> <br /> ces: <br /> <br />(i) <br />(±±) <br /> <br /> A party fails to select an arbitrator; <br /> The arbitrators fail to select a third arbi- <br /> trator; <br /> (iii) One or more arbitrator is unqualified; <br /> (iv) Designated time limits have been exceeded; <br /> (v) The arbitrators have not proceeded expedi- <br /> tiously; or <br /> (vi) Based upon the record the arbitrators abused <br /> <br /> their discretion. <br /> <br /> (s) In the event a Court of competent jurisdiction <br /> determines the arbitrators have abused their <br /> discretion, or that the regulation of a given rate <br /> is beyond the authority of City, it may order the <br /> arbitration procedure repeated and issue findings, <br /> orders and directions, with costs of suit to be <br /> awarded to the prevailing party. <br /> <br />(t) Cost of arbitration shall be borne equally. <br /> <br />The procedures to be followed in changing any rate or <br />charge other than basic shall include the following: <br /> <br />46 <br /> <br /> <br />