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I <br />! <br /> <br />I <br />I <br /> <br />(4) <br /> <br />{r) <br /> <br />(s) <br /> <br />within ninety {90) day~ and pursuant to procedure~ <br />established by Grantee refund the rate overage %0 <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 />(ii) <br /> <br />(iii) <br /> <br /> (iv) <br /> <br /> (v) <br /> <br />(vi) <br /> <br /> A party fails to select an arbitrator; <br /> <br /> The arbitrators fail to select a third arbi- <br /> trator; <br /> <br /> One or more arbitrator is unqualified; <br /> Designated time limits have been exceeded; <br /> The arbitrators have not proceeded expedi- <br /> tiously; or <br /> <br />Based upon the record the arbitrators abused <br />their discretion. <br />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 />Cost of arbitration shall be borne equally. <br /> <br />(ti <br /> <br />The procedures to be followed in changing any :ate or <br />charge other than basic shall include the following: <br /> <br />46 <br /> <br /> <br />