Dispute Resolution. The parties hereto shall attempt to resolve disputes arising out of or relating to this Agreement. Subject to a party's right to seek equitable remedies as provided by [section 10] above, any dispute not resolved in writing within 21 days may be referred by either party to mediation involving a mediator (a third party neutral), trained and experienced in the mediation process and mutually agreed to by the parties. The mediator shall ascribe to and follow the commercial rules for the American Arbitration Association then in effect unless the parties mutually agree in writing to waive this provision for mediators in conduct and management of the mediation process. Expenses for the mediation shall be shared equally by the parties unless otherwise agreed during the mediation process. The parties may be accompanied in the mediation process by legal counsel, and/or other persons mutually agreed to by the parties and the mediator. All participants will openly and honestly participate in the mediation. The mediation may be terminated at any time, for any reason by the mediator or by either party. Any resolution reached by the parties during the mediation shall be recorded in writing and agreed to by the parties. Such resolution may be drafted and/or revised by the parties' legal counsel and shall be legally binding on the parties.

Mediation. If a Dispute Resolution. The parties hereto shall attempt to resolve disputes arising out of or relating to this Agreement. Subject to a party's right to seek equitable remedies as provided by [section 10] above, any disputeis not resolved in writing within 21 days maypursuant to [Section 9.02], then such Dispute shall be referred by either partysubmitted to mediation involving a mediator (a third party neutral), trained and experiencedif either Party so requests in the mediation process and mutually agreed to by the parties. The mediator shall ascribe to and follow the commercial rules for the American Arbitration Association then in effect unless the parties mutually agree in writing to waive this provision for mediators in conduct and management of the mediation process. Expenses for the mediation shall be shared equally by the partieswriting. Any mediation, unless otherwise agreed during the mediation process. The parties may be accompanied in the mediation process by legal counsel, and/or other persons mutually agreed to by the partiesParties, shall be carried out within forty-five (45) days following the date of a written request therefor. Each Party shall bear one-half of the costs and expenses of any mediator, including any costs incurred by such mediator that are attributable to the mediator. All participants will openlyconsultation of any third party; provided, however, that each Party shall bear its own legal fees and honestly participate incosts of preparing for mediation. If the mediation. The mediation may be terminated at any time, for any reasonDispute is not settled or resolved by the mediatorearlier of # sixty (60) days following the date of a written request for mediation or # at such time as the representatives unanimously agree that a resolution of the Dispute pursuant to this [Section 9.03] is not possible, then each Party is free to pursue any and all remedies available to such Party, at law or in equity, by either party. Any resolution reached by the parties during the mediation shall be recorded in writing and agreed to by the parties. Such resolution may be drafted and/contract or revised by the parties' legal counsel and shall be legally binding on the parties.otherwise.