The parties will, to the greatest extent possible, endeavor to resolve any disputes relating to this Agreement and this subscription through amicable negotiations. Failing an amicable settlement, any controversy, claim or dispute arising under or relating to this Agreement, including the existence, validity, interpretation, performance, termination or breach of this Agreement, will finally be settled by binding arbitration before a single arbitrator (the “Arbitration Tribunal”) which will be jointly appointed by the parties. The Arbitration Tribunal shall self-administer the arbitration proceedings utilizing the Commercial Rules of the American Arbitration Association; provided, however, the American Arbitration Association shall not be involved in administration of the arbitration. The arbitrator must be a retired judge of a state or federal court of the United States or a licensed lawyer with at least ten years of corporate or commercial law experience and have at least an AV rating by Martindale Hubbell. If the parties cannot agree on an arbitrator, either party may request the American Arbitration Association to appoint an arbitrator which appointment will be final.
TheSection # Arbitration. If a dispute, controversy, or claim arises out of or relates to this Agreement, or an alleged breach thereof, and if said dispute cannot be settled through direct discussions, the parties will,agree to the greatest extent possible,first endeavor to resolve any disputes relating to this Agreement and this subscription through amicable negotiations. Failingsettle the dispute in an amicable settlement,manner by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Rules, before resorting to arbitration. If the matter has not been resolved pursuant to mediation within thirty (30) calendar days of the commencement of such mediation (which period may be extended by mutual agreement in writing), then any unresolved dispute, controversy, or claim or dispute arising underout of or relating to this Agreement, including the existence, validity, interpretation, performance,its termination or non-renewal, or any breach of this Agreement, will finallythereof, shall be settled by binding arbitration before a single arbitrator (the “Arbitration Tribunal”) which will be jointly appointed by the parties. The Arbitration Tribunal shall self-administer the arbitration proceedings utilizingin accordance with the Commercial Arbitration Rules of the American Arbitration Association; provided, however,AAA, and judgment upon the American Arbitration Associationaward rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall not be involved in administrationconducted by a sole arbitrator or, at the election of either party, before a panel of three arbitrators. Selection of the arbitration. The arbitrator mustarbitrator(s) shall be a retired judge of a state or federal courtin accordance with the Commercial Arbitration Rules of the United StatesAAA. The arbitrator(s) shall allow each party to conduct limited relevant discovery. The arbitrator(s) shall have no authority to award punitive damages or a licensed lawyer with at least ten yearsany damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of corporate or commercial law experiencethis Agreement and have at least an AV ratingApplicable Laws. All fees and expenses of arbitration shall be borne by Martindale Hubbell. If the parties cannot agree on an arbitrator, eitherequally. However, each party may requestshall bear the American Arbitration Association to appoint an arbitrator which appointment willexpense of its own counsel, experts, witnesses, and preparation and presentation of the arbitration matter. Any such arbitration shall be final.conducted in [[Address A:Address]].
The parties will,Parties agree that any and all disputes arising in connection with this Agreement including, but not limited to, the validity of this provision or the performance by either Party of any obligations, commitments or promises hereunder, which cannot be resolved through good faith negotiations to the greatest extent possible, endeavormutual satisfaction of both Parties within thirty (30) calendar days (or such longer period as may be mutually agreed upon by the Parties) after the complaining Party has notified the other Party of the complaint, shall be submitted to resolve any disputes relating to this Agreementfinal and this subscription through amicable negotiations. Failing an amicable settlement, any controversy,binding arbitration. Any such dispute, claim or dispute arising under or relatingdisagreement subject to this Agreement, includingarbitration pursuant to the existence, validity, interpretation, performance, termination or breachterms of this Agreement, will finallyparagraph shall be settledresolved by binding arbitration before a single arbitrator (the “Arbitration Tribunal”) which will be jointly appointed by the parties. The Arbitration Tribunal shall self-administer the arbitration proceedings utilizingin accordance with the Commercial Arbitration Rules of the American Arbitration Association; provided, however, the American Arbitration Association (the “AAA Rules”). An arbitrator shall not be involved in administrationhave any authority to award consequential, exemplary or punitive damages. The Parties agree that the decision of the arbitration.arbitrator selected hereunder will be final and binding on both Parties. The arbitrator mustplace of arbitration shall be [[Address A:Address]], and each Party shall pay its individual costs and fees arising therefrom. Judgment upon the award resulting from arbitration may be entered in any court having jurisdiction for direct enforcement, or any application may be made to a retired judge ofcourt for a state or federal courtjudicial acceptance of the United States or a licensed lawyer with at least ten yearsaward and an order of corporate or commercial law experience and have at least an AV rating by Martindale Hubbell. Ifenforcement, as the parties cannot agree on an arbitrator, either partycase may request the American Arbitration Association to appoint an arbitrator which appointment will be final.be.
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