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12. Arbitration. Any controversy regarding the terms and conditions of this agreement shall be submitted to arbitration. Any party may request arbitration by written notice to the other. If the parties cannot agree on a single arbitrator within 15 days from the giving of notice, each party shall within five days select a person to represent that party and the two arbitrators shall immediately select a third impartial person to complete a three-member arbitration panel. If the two arbitrators cannot agree within 15 days on the third arbitrator, then either party may petition the Presiding Judge of the Lane County Circuit Court to select the third arbitrator. The panel shall conduct the arbitration in accordance with the provisions of ORS Chapter 33, or the corresponding provisions of any such future law. The arbitrator(s) shall assess all or part of the cost of the arbitration, including attorney fees, to any or all parties. 13. Assignment and Transfer. 13.1 Metro shall not assign or transfer the Property and its obligations under this agreement to any person or entity except the Oregon limited partnership created for the Apple Orchard development, in which Metro will be the general partner. A transfer by Metro or any subsequent transfer shall not, however, relieve Metro of its obligations under this agreement. Metro shall remain primarily liable to City for payment of the amount due under Paragraph 6 upon a failure of either covenants under that paragraph, whether that failure is the fault of Metro or the fault of the transferee, assignee or other party, and whether Metro has any interest in the Property or the Project, as a general partner of the Apple Orchard Limited Partnership, or otherwise. 13.2 NEDCO shall not assign or transfer the single family lots and its obligations under this agreement to any person or entity except as a sale to a CDBG eligible home buyer through the NEDCO lease-to-own program. 14. Integration. This agreement integrates the elements of the original RFP, the Metro and NEDCO proposal, the separate City documents for construction of the 40 rental units and rehabilitation of the two units on the single family lots. Separate agreements detailing specific terms, conditions, and obligations are in place or shall be negotiated for the following: 14.1588,800 in waivers to Metro toward City of Eugene Systems Development Charges for the Apple Orchard Apartments. 14.2545,500 in waivers to Metro toward Eugene Water and Electric Board Systems Development Charges for the Apple Orchard Apartments. 14.3HOME Investment Partnerships Program grant to Metro for construction financing of the Apple Orchard Apartments. 14.4550,000 CDBG rehabilitation loan to NEDCO for the two single family units. 14.5Terms and conditions of City contract#2003-02072, Metro Apple Orchard Apartments Grant Agreement, dated January 17, 2003, remain in full force and effect, with the exception of the change in the ownership transfer relationship as noted in this agreement. Metro Apple Orchard Apartments Land Grant Agreement - 7