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(E) Notice to Mortgagees: Each party shall provide copies to the other party's first priority mortgagee (if any) of any default notices sent hereunder, provided any such mortgagee has requested such notices and has provided the other party in writing with an appropriate address for the mailing of such notices. Any such first priority mortgagee which has requested notice in accordance with this Agreement shall, after receiving a notice of default hereunder, have a fifteen (15) day period to cure such default. Section 9. Costs and Attorneys' Fees If either party to this Agreement brings an action to enforce its rights hereunder, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, legal interest thereon, and reasonable attorneys' fees incurred in connection with such action. Section 10. Governing Law This Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the State of Florida and any applicable federal law without regard to choice of law rules. Venue with respect to any action or proceeding arising hereunder shall be in Indian River County, Florida. Section 11. Arbitration (A) Notwithstanding anything to the contrary contained in this Agreement, during the Term hereof, any disputes or claims between Dodgers and Developer shall be resolved first by good faith negotiation of the parties, and if such good faith negotiation does not resolve any such dispute or claim, then the matter shall be submitted to expedited arbitration administered by the American Arbitration Association ("AAA") as provided in this Section 11 and the Commercial Arbitration Rules of the AAA (the "AAA Rules") in effect as of the commencement of the applicable arbitration proceeding, except to the extent the then-current AAA Rules are inconsistent with the provisions of this Section 11, in which case the terms hereof shall control. The arbitration shall be governed by the United States Arbitration Act and the Florida Arbitration Code to the extent the Florida Arbitration Code is not inconsistent with the United States Arbitration Act and this Section 11, and judgment upon the award entered by the arbitrator may be entered in any court having jurisdiction. Such arbitration shall be subject to the following additional provisions: (1) Any arbitration pursuant to this Section 11 shall be conducted in Indian River County, Florida. (2) The arbitration shall be conducted by one (1) arbitrator in accordance with the AAA Rules for Expedited Procedures, which arbitrator shall be selected in accordance with the AAA Rules for Expedited Procedures, and which arbitrator shall have had experience in dealing with large-scale real estate development and construction matters. Page 10 of 19 726colla.doc