Dispute Resolution. At the option of either the Company or the Executive, any dispute, controversy or question arising under, out of or relating to this Agreement, the Executive’s employment or termination of employment, including but not limited to any and all statutory claims involving workplace discrimination or wrongful discharge, but excluding claims pursuant to Section 11 hereof, shall be referred for decision by arbitration in the State of New Jersey by a neutral arbitrator mutually selected by the parties hereto. Any arbitration proceeding shall be governed by the Rules of the American Arbitration Association then in effect or such last in effect (in the event such Association is no longer in existence). If the parties are unable to agree upon such a neutral arbitrator within twenty one (21) days after either party has given the other written notice of the desire to submit the dispute, controversy or question for decision as aforesaid, then either party may apply to the American Arbitration Association for a final and binding appointment of a neutral arbitrator; however, if the American Arbitration Association is not then in existence or does not act on the matter within forty five (45) days of any such application, either party may apply to a judge of the local court where the Bank is headquartered for an appointment of a neutral arbitrator to hear the parties and such judge is hereby authorized to make such appointment. In the event that either party exercises the right to submit a dispute, controversy or question arising hereunder to arbitration, the decision of the neutral arbitrator shall be final, conclusive and binding on all interested persons and no action at law or in equity shall be instituted or, if instituted, further prosecuted by either party other than to enforce the award of the neutral arbitrator. The award of the neutral arbitrator may be entered in any court that has jurisdiction. The Executive and the Company shall each bear all their own costs (including the fees and disbursements of counsel) incurred in connection with any such arbitration and shall each pay one-half of the costs of any arbitrator; provided that if the Executive ultimately prevails in any such arbitration, the Company shall reimburse the Executive for all such costs so incurred in connection with such arbitration.

Section # Dispute Resolution. At the option of either the Company​ or the Executive,​, any dispute, controversy or question arising under, out of or relating to this Agreement, the Executive’​’s employment or termination of employment, including but not limited to any and all statutory claims involving workplace discrimination or wrongful discharge, but excluding claims pursuant to Section 11Sections 7 or 8 hereof, shall be referred for decision by arbitration in the State of New Jersey by a neutral arbitrator mutually selected by the parties hereto. Any arbitration proceeding shall be governed by the Rules of the American Arbitration Association then in effect or such last in effect (in the event such Association is no longer in existence). If the parties are unable to agree upon such a neutral arbitrator within twenty one (21)21 days after either party has given the other written notice of the desire to submit the dispute, controversy or question for decision as aforesaid, then either party may apply to the American Arbitration Association for a final and binding appointment of a neutral arbitrator; however, if the American Arbitrationsuch Association is not then in existence or does not act onin the matter within forty five (45)45 days of any such application, either party may apply to a judge of the local court where the Bank is headquartered for an appointment of a neutral arbitrator to hear the parties and such judge is hereby authorized to make such appointment. In the event that either party exercises the right to submit a dispute, controversy or question arising hereunder to arbitration, the decision of the neutral arbitrator shall be final, conclusive and binding on all interested persons and no action at law or in equity shall be instituted or, if instituted, further prosecuted by either party other than to enforce the award of the neutral arbitrator. The award of the neutral arbitrator may be entered in any court that has jurisdiction. The Executive​ and the Company​ shall each bear all their own costs (including the fees and disbursements of counsel) incurred in connection with any such arbitration and shall each pay one-half of the costs of any arbitrator; provided that if the Executive ultimately prevails in any such arbitration, the Company shall reimburse the Executive for all such costs so incurred in connection with such arbitration.arbitrator.

Dispute Resolution. At the option of either the Company or the Executive, any dispute,Arbitration. Any controversy or question arising under, out of or relating to this Agreement, the Executive’Agreement or Executive’s employment with the Company, whether arising under common or terminationstatutory law, and including the arbitrability of employment, including but not limited to any and all statutory claims involving workplace discrimination or wrongful discharge, but excluding claims pursuant to Section 11 hereof, shallsuch controversy, will be referred for decision by arbitration in the State of New Jerseyresolved exclusively by a single neutral arbitrator selected jointly by Executive and the Company, in Seattle, Washington, or such other location as may be mutually selected byagreed upon, in accordance with the parties hereto. Any arbitration proceeding shall be governed by theEmployment Arbitration Rules of the American Arbitration Association as then in effect or such last in effect (ineffect. The Company will be responsible for the event such Association is no longer in existence). If the parties are unable to agree upon such a neutral arbitrator within twenty one (21) days after either party has given the other written noticefees and expenses of the desirearbitrator. Executive and the Company will be responsible for their own attorney’s fees and any other costs occasioned by the arbitration; provided that the arbitrator may award attorneys’ fees and costs to submita party when so empowered by law. The arbitrators shall have the dispute, controversy or question forauthority, in addition to their authority under the Employment Arbitration Rules, to award equitable relief, including injunctive relief. The decision as aforesaid, then either party may apply toof the American Arbitration Association for aarbitrator shall be final and binding appointment of a neutral arbitrator; however, if the American Arbitration Association is not then in existence or does not act on the matter within forty five (45) days of any such application, either party may apply to a judge of the local court where the Bank is headquartered for an appointment of a neutral arbitrator to hearupon the parties and such judge is hereby authorized to make such appointment. In the event that either party exercises the right to submit a dispute, controversy or question arising hereunder to arbitration, the decision of the neutral arbitrator shall be final, conclusiveall persons claiming under and bindingthrough them. Judgment on all interested persons and no action at law or in equity shall be instituted or, if instituted, further prosecuted by either party other than to enforce theany arbitration award of the neutral arbitrator. The award of the neutral arbitrator may be entered in any court that hashaving jurisdiction. The Executive and the Company shall each bearwill have all their own costs (includingrights, remedies, and defenses available to them in that arbitration that they would have in a civil action for the fees and disbursementsissues in controversy. Notwithstanding anything in this Agreement to the contrary, either party may seek preliminary injunctive relief in a court of counsel) incurred in connection with any such arbitration and shall each pay one-half of the costs of any arbitrator; provided that if the Executive ultimately prevails in any such arbitration, the Company shall reimburse the Executive for all such costs so incurred in connection with such arbitration.competent jurisdiction.

Dispute Resolution. AtTo ensure timely and economical resolution of any disputes that may arise in connection with Executive’s employment with the optionCompany, as a condition of eitherExecutive’s employment, Executive and the Company or the Executive, any dispute, controversy or question arising under, out of or relating to this Agreement, the Executive’s employment or termination of employment, including but not limited tohereby agree that any and all statutory claims involving workplace discriminationclaims, disputes or wrongful discharge, but excluding claims pursuant to Section 11 hereof,controversies of any nature whatsoever arising out of, or relating to, this letter, or its interpretation, enforcement, breach, performance or execution, Executive’s employment with the Company, or the termination of such employment, shall be referred for decisionresolved, to the fullest extent permitted by law, by final, binding and confidential arbitration in the State of New Jerseyconducted before a single arbitrator by a neutral arbitrator mutually selected by the parties hereto. Any arbitration proceeding shall be governed by the Rules of the American Arbitration Association then(“AAA”) under the then-applicable AAA employment arbitration rules (which can be found at http://www.adr.org/). The arbitration shall take place in effect or such last in effect (in the event such Association is no longer in existence). If the parties are unable to agree upon such a neutral arbitrator within twenty one (21) days after either party has given the other written notice of the desire to submit the dispute, controversy or question for decision as aforesaid, then either party may apply to the American Arbitration Association for a final and binding appointment of a neutral arbitrator;Phoenix, Arizona; provided, however, that if the American Arbitration Association is not thenarbitrator determines there will be an undue hardship to Executive to have the arbitration in existence or does not act onsuch location, the matter within forty five (45) days of any such application, either party may apply to a judge of the local court where the Bank is headquartered forarbitrator will choose an appointment of a neutral arbitrator to hear the parties and such judge is hereby authorized to make such appointment. In the event that either party exercises the right to submit a dispute, controversy or question arising hereunder to arbitration, the decision of the neutral arbitrator shall be final, conclusive and binding on all interested persons and no action at law or in equity shall be instituted or, if instituted, further prosecuted by either party other than to enforce the award of the neutral arbitrator. The award of the neutral arbitrator may be entered in any court that has jurisdiction. Thealternative appropriate location. Executive and the Company shall each bear all their own costs (includingacknowledge that by agreeing to this arbitration procedure, both Executive and the fees and disbursements of counsel) incurred in connection withCompany waive the right to resolve any such dispute, claim or demand through a trial by jury or judge or by administrative proceeding. Executive will have the right to be represented by legal counsel at Executive’s expense at any arbitration and shall each pay one-halfproceeding. The arbitrator shall: # have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be available under applicable law in a court proceeding; and # issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator’s essential findings and conclusions on which the award is based. The arbitrator, and not a court, shall also be authorized to determine whether the provisions of this paragraph apply to a dispute, controversy, or claim sought to be resolved in accordance with these arbitration procedures. The Company shall pay all costs and fees in excess of the amount of court fees that Executive would be required to incur if the dispute were filed or decided in a court of law. Nothing in this Agreement is intended to prevent either Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any arbitrator; provided that if the Executive ultimately prevails in any such arbitration, the Company shall reimburse the Executive for all such costs so incurred in connection with such arbitration.

Dispute Resolution. AtNotwithstanding anything to the option of either the Companycontrary, any and all other disputes, controversies or the Executive, any dispute, controversy or questionquestions arising under, out ofof, or relating to this Agreement,Agreement (or the breach thereof), or, the Executive’s employment with ​ or termination thereof, other than those disputes relating to Executive’s alleged violations of employment, including but not limited to anySections 10 (Confidential Information), 11 (return of property), 12 (intellectual property) and all statutory claims involving workplace discrimination or wrongful discharge, but excluding claims pursuant to Section 11 hereof,13 (covenants of noncompete and nonsolicitation) of this Agreement, shall be referred for decision bybinding arbitration in the State of New Jersey byChicago, Illinois to a neutral arbitrator mutually(who is licensed to practice law in any State within the United States of America) selected by the parties hereto. Any arbitration proceedingExecutive and ​ and this shall be governed by the exclusive and sole means for resolving such dispute. Such arbitration shall be conducted in accordance with the National Rules for Resolution of Employment Disputes of the American Arbitration Association then in effect or such last in effect (inAssociation. The arbitrator shall have the event such Association is no longer in existence). If the parties are unablediscretion to agree upon such a neutral arbitrator within twenty one (21) days after either party has given the other written notice of the desire to submit the dispute, controversy or question for decision as aforesaid, then either party may applyaward reasonable attorneys’ fees, costs and expenses to the American Arbitration Association for a final and binding appointment of a neutral arbitrator; however, if the American Arbitration Association is not then in existence or does not act on the matter within forty five (45) days of any such application, either party may apply to a judge of the local court where the Bank is headquartered for an appointment of a neutral arbitrator to hear the parties and such judge is hereby authorized to make such appointment. In the event that either party exercises the right to submit a dispute, controversy or question arising hereunder to arbitration, the decision of the neutral arbitrator shall be final, conclusive and binding on all interested persons and no action at law or in equity shall be instituted or, if instituted, further prosecuted by either party other than to enforceprevailing party. Judgment upon the award ofrendered by the neutral arbitrator. The award of the neutral arbitrator may be entered in any court that has jurisdiction. The Executivehaving jurisdiction thereof. This Section 24 does not apply to any action by ​ to enforce Sections 10, 11, 12 and the Company shall each bear all their own costs (including the fees13 of this Agreement and disbursements of counsel) incurred in connection with any such arbitration and shall each pay one-half of the costs of any arbitrator; provided that if the Executive ultimately prevailsdoes not in any such arbitration, the Company shall reimburse the Executive for all such costs so incurred in connection with such arbitration.way restrict ​’s rights under Section 22 of this Agreement.

Dispute Resolution. AtIn the option of either the Company or the Executive,event any dispute, controversy or question arising under,dispute arises out of Executive’s employment with or relatingby the Company, or separation/termination therefrom, whether as an employee, which cannot be resolved by the Parties to this Agreement, the Executive’s employment or termination of employment, including but not limited to any and all statutory claims involving workplace discrimination or wrongful discharge, but excluding claims pursuant to Section 11 hereof,such dispute shall be referred for decision bysubmitted to final and binding arbitration. The arbitration in the State of New Jersey by a neutral arbitrator mutually selected by the parties hereto. Any arbitration proceeding shall be governed byconducted in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association then in effect or such last in effect (in the event such Association is no longer in existence)(“AAA”). If the parties are unable toParties cannot agree upon suchon an arbitrator, a neutrallist of seven (7) arbitrators will be requested from AAA, and the arbitrator within twenty one (21) days after either party has given the other written noticewill be selected using alternate strikes with Executive striking firm. The cost of the desire to submit the dispute, controversy or question for decision as aforesaid, then either party may apply to the American Arbitration Association for a final and binding appointment of a neutral arbitrator; however, if the American Arbitration Association is not then in existence or does not act on the matter within forty five (45) days of any such application, either party may apply to a judge of the local court where the Bank is headquartered for an appointment of a neutral arbitrator to hear the parties and such judge is hereby authorized to make such appointment. In the event that either party exercises the right to submit a dispute, controversy or question arising hereunder to arbitration, the decision of the neutral arbitrator shallarbitration will be final, conclusive and binding on all interested persons and no action at law or in equity shall be instituted or, if instituted, further prosecutedshared equally by either party other than to enforce the award of the neutral arbitrator. The award of the neutral arbitrator may be entered in any court that has jurisdiction. The Executive and the Company; provided, however, the Company shall each bearpromptly reimburse Executive for all their own costs (including the fees and disbursements of counsel)expenses incurred in connection with any dispute in an amount up to, but not exceeding 20 percent of Executive’s Base Salary unless such arbitrationtermination was for Cause in which event Executive shall not be entitled to reimbursement unless and shall each pay one-halfuntil it is determined she was terminated other than for Cause. Arbitration of the costssuch disputes is mandatory and in lieu of any arbitrator; provided that ifand all civil causes of action and lawsuits either party may have against the Executive ultimately prevailsother arising out of Executive’s employment with the Company, or separation therefrom. Such arbitration shall be held in any such arbitration, the Company[[Address A:Address]]. This provision shall reimburse the Executive for all such costs so incurred in connection with such arbitration.not, however,

Dispute Resolution. At the optionArbitration of either the Company or the Executive, any dispute,Disputes. Any controversy or questionclaim arising under, out of or relating to this Agreement,Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of employment, including but not limitedthat employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to any and all statutory claims involving workplace discrimination or wrongful discharge, but excluding claims pursuant to Section 11 hereof, shallthe fullest extent permitted by law, be referred for decisionsettled by arbitration in the State of New Jersey by a neutral arbitrator mutually selectedany forum and form agreed upon by the parties hereto. Any arbitration proceeding shall be governed byor, in the Rulesabsence of such an agreement, under the auspices of the American Arbitration Association then(“AAA”) in effect or such lastBoston, Massachusetts in effect (inaccordance with the event such Association is no longer in existence). If the parties are unable to agree upon such a neutral arbitrator within twenty one (21) days after either party has given the other written noticeEmployment Arbitration Rules of the desire to submitAAA, including, but not limited to, the dispute, controversy or question for decision as aforesaid, then either party may applyrules and procedures applicable to the American Arbitration Association for a final and binding appointmentselection of a neutral arbitrator; however, if the American Arbitration Association is not then in existence or does not act on the matter within forty five (45) days of any such application, either party may apply to a judge of the local court where the Bank is headquartered for an appointment of a neutral arbitrator to hear the parties and such judge is hereby authorized to make such appointment.arbitrators. In the event that eitherany person or entity other than the Executive or the Company may be a party exercises the rightwith regard to submit a dispute,any such controversy or question arising hereunder to arbitration, the decision of the neutral arbitratorclaim, such controversy or claim shall be final, conclusive and binding on all interested persons and no action at lawsubmitted to arbitration subject to such other person or in equity shall be instituted or, if instituted, further prosecuted by either party other than to enforceentity’s agreement. Judgment upon the award ofrendered by the neutral arbitrator. The award of the neutral arbitrator may be entered in any court that has jurisdiction. The Executive andhaving jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the Companyforegoing, this Section 8 shall each bear all their own costs (includingnot preclude either party from pursuing a court action for the fees and disbursementssole purpose of counsel) incurredobtaining a temporary restraining order or a preliminary injunction in connection with anycircumstances in which such arbitration and shall each pay one-half of the costs of any arbitrator;relief is appropriate; provided that if the Executive ultimately prevails in any such arbitration, the Companyother relief shall reimburse the Executive for all such costs so incurred in connection with such arbitration.be pursued through an arbitration proceeding pursuant to this Section 8.

Dispute Resolution. AtArbitration. In the optionevent of eitherany dispute or claim relating to or arising out of the employment relationship between Executive and the Company or the Executive, any dispute, controversy or question arising under, out of or relating to this Agreement, the Executive’s employment or termination of employment, includingthat relationship (including, but not limited toto, any claims of breach of contract, wrongful termination or age, sex, race, disability or other discrimination), Executive and the Company agree that all statutory claims involving workplace discrimination or wrongful discharge, but excluding claimssuch disputes shall be resolved by confidential binding arbitration conducted before a single neutral arbitrator in San Diego, California, pursuant to Section 11 hereof, shall be referredthe rules for decisionarbitration of employment disputes by arbitration in the State of New Jersey by a neutral arbitrator mutually selected by the parties hereto. Any arbitration proceeding shall be governed by the Rules of the American Arbitration Association then(available at www.adr.org) and the rules set forth in effect or such last in effect (in the event such Association is no longer in existence)California Arbitration Act, Code of Civil Procedure Section 1280, et seq. (available at www.leginfo.ca.gov/calaw.html). If the parties are unableThe arbitrator shall permit adequate discovery, including discovery pursuant to agree upon such a neutral arbitrator within twenty one (21) days after either party has given the other written noticeSection 1283.05 of the desireCalifornia Code of Civil Procedure. In addition, the arbitrator is empowered to submitaward all remedies otherwise available in a court of competent jurisdiction; however Executive and the dispute, controversy or question for decision as aforesaid, then either party may apply toCompany each retain the American Arbitration Association for a final and binding appointment of a neutral arbitrator; however, if the American Arbitration Association is not then in existence or does not act on the matter within forty five (45) days of any such application, either party may apply to a judgeright under Section 1281.8 of the local court whereCalifornia Code of Civil Procedure to seek provisional remedies. Any judgment rendered by the Bank is headquartered for an appointment of a neutral arbitrator to hear the parties and such judge is hereby authorized to make such appointment. In the event that either party exercises the right to submit a dispute, controversy or question arising hereunder to arbitration, the decision of the neutral arbitrator shall be final, conclusive and binding on all interested persons and no action at law or in equity shall be instituted or, if instituted, further prosecuted by either party other than to enforce the award of the neutral arbitrator. The award of the neutral arbitrator may be entered inby any court that hasof competent jurisdiction. The arbitrator shall issue an award in writing and state the essential findings and conclusions on which the award is based. By executing this Agreement, Executive and the Company shall each bear all their own costs (includingare both waiving the fees and disbursements of counsel) incurred in connectionright to a jury trial with respect to any such arbitration anddisputes. The Company shall each pay one-half ofbear the costs of any arbitrator;the arbitrator, forum and filing fees. Each party shall bear its own respective attorneys’ fees and all other costs, unless otherwise provided that ifby law and awarded by the Executive ultimately prevails in any such arbitration, the Company shall reimburse the Executive for all such costs so incurred in connection with sucharbitrator. This arbitration agreement does not include claims that, by law, may not be subject to mandatory arbitration.

Dispute Resolution. AtIn the optionevent of eitherany dispute or controversy between ​ and the CompanyExecutive arising out of, relating to or in connection with any of the Executive,provisions of this Agreement, any dispute, controversy or questiondocuments executed and delivered pursuant to this Agreement, compliance with this Agreement, and any claim arising under, out of or relating to this Agreement, except with respect to prejudgment remedies, ​ and the Executive’s employment or termination of employment, including but not limited toExecutive hereby agree that any and all statutory claims involving workplace discrimination or wrongful discharge, but excluding claims pursuant to Section 11 hereof,such dispute(s) shall be referred for decisionsubmitted to final and binding arbitration at San Jose, California, before an Arbitrator chosen mutually by arbitration in​ and the State of New Jersey byExecutive, or, absent such agreed choice within two (2) calendar weeks, from a neutral arbitrator mutually selectedlist provided by the parties hereto. Any arbitration proceeding shall be governed byJudicial Arbitration and Mediation Services and under the California Employment Dispute Resolution Rules of the American Arbitration Association then in effectAssociation. The Arbitrator chosen shall be bound by the express terms of this Agreement; shall hear and determine all disputes as presented to him or such last in effect (inher as expeditiously and economically as possible, including where ​ and the event such Association is no longer in existence). IfExecutive mutually so designate, the parties are unableissuance of bench Award; and shall have the authority to agree upon such a neutral arbitrator within twenty one (21) days after either party has givenaward reasonable attorney’s fees and all costs of arbitration to the other written noticeparty, if any, the Arbitrator designates as the prevailing Party. Any award of the desire to submit the dispute, controversy or question for decision as aforesaid, then either party may apply to the American Arbitration Association for aArbitrator shall be final and binding appointment of a neutral arbitrator; however, if the American Arbitration Association is not then in existence or does not act on the matter within forty five (45) days of any such application, either party may apply to a judge of the local court where the Bank is headquartered for an appointment of a neutral arbitrator to hear the parties and such judge is hereby authorized to make such appointment. In the event that either party exercises the right to submit a dispute, controversy or question arising hereunder to arbitration, the decision of the neutral arbitrator shall be final, conclusive and binding on all interested persons and no action at law or in equity shall be instituted or, if instituted, further prosecuted by either party other than to enforce the award of the neutral arbitrator. The award of the neutral arbitrator may be enteredconfirmed as a final judgment in any court that has jurisdiction. The Executive and the Company shall each bear all their own costs (including the fees and disbursementsCourt of counsel) incurredcompetent jurisdiction in connection with any such arbitration and shall each pay one-half of the costs of any arbitrator; provided that if the Executive ultimately prevails in any such arbitration, the Company shall reimburse the Executive for all such costs so incurred in connection with such arbitration.California.

Dispute Resolution. AtExcept to the option of eitherextent provided for in subsection # above, the Company and Executive agree that any claim, dispute or controversy arising under or in connection with this Agreement, or otherwise in connection with Executive's employment by the Company or the Executive, any dispute, controversy or question arising under, out of or relating to this Agreement, the Executive’s employment or termination of employment, including but not limited tohis employment (including, without limitation, any and all statutory claims involving workplace discriminationsuch claim, dispute or wrongful discharge, but excluding claims pursuant to Section 11 hereof,controversy arising under any federal, state or local statute, regulation or ordinance or any of the Company's employee benefit plans, policies or programs) shall be referred for decisionresolved solely and exclusively by binding, confidential, arbitration. The arbitration shall be held in the State of New Jersey by a neutral arbitratorRockville, MD (or at such other location as shall be mutually selectedagreed by the parties hereto. Anyparties). The arbitration proceeding shall be governed byconducted in accordance with the Commercial Rules of the American Arbitration Association then(the "AAA") in effect or such lastat the time of the arbitration, including the Expedited Procedures. All fees and expenses of the arbitration, including a transcript if either requests, shall be borne equally by the parties. Each party is responsible for the fees and expenses of its own attorneys, experts, witnesses, and preparation and presentation of proofs and post-hearing briefs (unless the party prevails on a claim for which attorney's fees are recoverable under law). In rendering a decision, the arbitrator shall apply all legal principles and standards that would govern if the dispute were being heard in effect (incourt. This includes the event such Association is no longer in existence). Ifavailability of all remedies that the parties are unable to agree upon such a neutral arbitrator within twenty one (21) days after either party has given the other written noticecould obtain in court. In addition, all statutes of the desire to submit the dispute, controversy or question for decision as aforesaid, then either party maylimitation and defenses that would be applicable in court, will apply to the American Arbitration Association for a final and binding appointment of a neutral arbitrator; however, if the American Arbitration Association is not then in existence or does not act on the matter within forty five (45) days of any such application, either party may apply to a judge of the local court where the Bank is headquartered for an appointment of a neutral arbitrator to hear the parties and such judge is hereby authorized to make such appointment. In the event that either party exercises the right to submit a dispute, controversy or question arising hereunder to arbitration, thearbitration proceeding. The decision of the neutral arbitrator shall be final,set forth in writing, and be binding and conclusive and binding on all interested persons and noparties. Any action at lawto enforce or in equityvacate the arbitrator's award shall be instituted or,governed by the Federal Arbitration Act, if instituted, further prosecutedapplicable, and otherwise by applicable state law. If either partythe Company or Executive improperly pursues any claim, dispute or controversy against the other in a proceeding other than the arbitration provided for herein, the responding party shall be entitled to enforce the awarddismissal or injunctive relief regarding such action and recovery of the neutral arbitrator. The award of the neutral arbitrator may be entered in any court that has jurisdiction. The Executiveall costs, losses and the Company shall each bear all their own costs (including theattorney's fees and disbursements of counsel) incurred in connection with anyrelated to such arbitration and shall each pay one-half of the costs of any arbitrator; provided that if the Executive ultimately prevails in any such arbitration, the Company shall reimburse the Executive for all such costs so incurred in connection with such arbitration.action.