Section 2.02 of the lease agreement between the parties provides that petitioner is to pay 17.73% of respondent's increased electricity expenses and, in accordance therewith, respondent has, since 1970, annually billed petitioner for 17.73% of increased electricity costs and has accepted, without protest, petitioner's payments of such billings. By the fifth defense in its answer, which was served about two years after petitioner had commenced arbitration and six days prior...
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