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Global Arbitration And Mediation Service (GAMS) Provides Fair, Just, Simple, Quick And Effective Dispute Resolution

SPACER

Mediation Followed By Arbitration Clause

The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to GAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to GAMS, or its successor, for final and binding arbitration as described hereafter. Either party may commence mediation by providing to GAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties covenant to cooperate with GAMS and with one another in selecting a mediator from GAMS' panel of neutrals, and in scheduling all mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any GAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 90 days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.

In the event the parties are unable to successfully mediate their dispute or upon the demand for arbitration of any party:

Any controversy or claim arising out of or relating to this contract, or any breach thereof, shall be settled by binding arbitration, and judgment upon the award may be entered in any court having jurisdiction thereof pursuant to the Federal Arbitration Act. The arbitrator shall have the authority to grant all appropriate relief, including but not limited to: compensatory, exemplary, declaritory or injunctive.

The arbitration shall be conducted before GAMS, or its successors, using a sole arbitrator (assigned by GAMS from the GAMS arbitrators panel ) and, unless agreed in writing by the parties within 10 days of the filing of a demand for arbitration, be conducted in the city where the contract was first executed. The arbitrator may make an initial determination of the location of the arbitration, and unless another location is mutually agreed by the parties, in writing, said determination by the arbitrator shall become final and binding 3 days after the arbitrators ruling.

The arbitration shall be administered by GAMS, or its successors, pursuant to its current arbitration rules and procedures. In the arbitration the arbitrator shall not be bound by the rules of evidence or legal precedent. All decisions including those of law and fact are final and binding upon the parties. There shall be no discovery in the arbitration. Unless extended by the arbitrator, the arbitration shall commence no later than 3 months after the appointment of the arbitrator. Unless extended by the arbitrator the hearing shall not continue past 5 days. The arbitrator may grant provisional remedies, enforceable in any court of competent jurisdiction.

The arbitrator shall, in the Award, allocate all of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party who, in the sole discretion of the arbitrator, received the greater relief in the entire arbitration.

Each party irrevocably consents to service by first class mail for all process for matters arising from this agreement. Any judicial determination of substantive arbitrability shall be solely determined by the Superior Court in Orange County California. All matters of procedural arbitrability shall be decided by the arbitrator whose decision shall be final and binding.

NOTICE: By signing in the space below you are agreeing to have all disputes, claims or controversies arising out of or relating to this Agreement decided by neutral binding arbitration, and you are giving up any rights you might possess to have those matters litigated in a court or jury trial. By signing in the space below you are giving up your judicial rights to discovery and appeal except to the extent that they are specifically provided for under this Agreement. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under federal or state law. Your agreement to this arbitration provision is voluntary.

We have read and understand the foregoing and agree to submission of all disputes, claims or controversies arising out of or relating to this Agreement to mediation and binding arbitration in accordance with this agreement.

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