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to azbitrate said dispute if such party fails to file a claim for arbitration in the <br />manner specified above within sixty (60) days after a general appearance in the <br />litigation has been filed by the party who is the defendant or respondent in the <br />litigation. <br />12.4.2 If either party properly exercises its option to azbitration, azbitration of such dispute shall <br />be mandatory and any pending litigation shall be stayed. <br />12.4.3 The award of the azbitrators shall be in writing. The Developer or the Owner shall have <br />all rights arising under Oregon law regarding any azbitration awazd under this Agreement. <br />12.4.4 The Developer and Owner agree to join in one azbitration all persons or parties with <br />claims relating to or arising out of the same transaction, occurrence, or series of <br />transaction or <br />occurrences as the dispute between the Owner and Developer, if there is a common <br />question of law or fact. <br />12.5 Attorney's Fees <br />In the event of any lawsuit between the parties arising out of the subject matter of this <br />Agreement, which sit shall result in a court's rendering a decision, the prevailing party in such a <br />suit shall be entitled to an award of and to collect the reasonable attorney's fees incurred by it in <br />the defense or prosecution of any such suit, at trial or upon any appeal. <br />~ 12.6 Schedules and Exlubits <br />