AZ vs. CA:25 California Exhibits, Vol. XXV; Nos. 7501-7859

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submit the matter to arbitration, the City shall name one arbitrator and the Secretary shall name one arbitrator, and the two arbitrators thus chosen shall elect three other arbitrators, but in the event of the failure to name all or any of the three arbitrators within five (5) days after their first meeting, such arbitrators, not so elected, shall be named by the senior judge of the United States Court of Appeals for the Ninth Circuit. The decision of any three of such arbitrators shall be a valid and binding award of the arbitrators. Rules and Regulations 18. There is reserved to the Secretary the right to prescribe and enforce rules and regulations, not inconsistent with this contract, governing the delivery and diversion of water hereunder. Such rules and regulations shall be promulgated, modified, revised or extended from time to time after notice to the City and an opportunity for it to be heard, as may be deemed proper, necessary or desirable by the Secretary to carry out the true intent and meaning of the law and of this contract and amendments hereof or to protect the interests of the United States. The City hereby agrees that in the operation and maintenance of the works for the diversion of water for use by the City and all works appurtenant thereto or otherwise associated therewith, all such rules and regulations will be fully adhered to. Priority of Claims of the United States 19. Claims of the United States arising out of this contract shall have priority over all others, secured or unsecured. Contingent Upon Appropriations or Allotments of Funds 20. The expenditure of any money or the performance of any work by the United States herein provided for, which may require appropriations of money by Congress or the allotment of funds, shall be contingent upon 11