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I anniversary of the effective date (as defined in paragraph 16) 2 of this Agreement. In adjusting the fee, the parties shall 3 take into consideration the nature of the services rendered by 4 Long Beach, the time expended thereon by Long Beach and such 5 other factors as the parties deem necessaryfor a proper deter- 6 mination of a fee'payabl,e by Santa Ana. If the parties are 7 unable to agree on the amount of the adjusted fee, then the 8 amount thereof shall be determined by arbitration. Whenever 9 arbitration is necessary, the party desiring arbitration shall 10 select an arbitrator and give written notice to the other party, 11 who shall select an arbitrator within ten (10) business days m12 12 after receipt of such notice. If the other party fails to name oocOm� m=E JmOM 13 such second arbitrator within said ten (10) business days, the U p W �N fro � 14 arbitrator named by the first party shall decide the matter. .2 � ,n 0 CL NQ)t ao 15 If the two cannot agree upon a third, he shall be appointed by o -' 16 any judge of the Superior Court of the County of Los Angeles, 17 California, upon application made therefor by either party upon 18 ten (10) days` written notice to the other. Upon their appoint-- 19 meet, the three arbitrators shall enter immediately upon the 24 discharge of their duties and must determine the issue or issues 21 submitted to these and file their determination in writing with 22 Long Beach and Santa Ana within sixty (60) days after their 23 appointment. The arbitration proceedings shall be in accordance 24 with the provisions of Title 9 (Arbitration) of Part 3 of the 25 California Code of Civil Procedure. 26 ll. INDEMNIFICATION: 27 11.1. Santa Ana aqrees to defend, indemnify and 28 hold harmless the City of Long Beach,. its Board of Harbor L•88(1WJ 9