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Binding Arbitration

(Type B)

Party#1 and Party#2 agree that except as prohibited by applicable law, any dispute or controversy arising between the parties to this Agreement, or any person or entity in privity therewith, out of the transactions effected and relationships created pursuant to this Agreement or any other agreement created in connection herewith, including any dispute or controversy involving the formation, terms, or construction of this Agreement, regardless of kind or character, will be resolved through binding arbitration conducted in [County], [State]. With respect to the arbitration of any dispute or controversy, each party understands that:

(a) arbitration is final and binding on the parties;

(b) each party is waiving its right to seek certain remedies in court, including the right to a jury trial;

(c) discovery in arbitration is different and more limited than discovery in litigation;

(d) an arbitrator's award need not include factual findings or legal reasoning, and any party's right to appeal or to seek modification of a ruling by the arbitrator is strictly limited.

Each party to this Agreement will submit any dispute or controversy to arbitration before the American Arbitration Association ("AAA") within five days after receiving a written request to do so from the other party. If any party fails to submit a dispute or controversy to arbitration as requested, then the requesting party may commence the arbitration proceeding. The Federal Arbitration Act will govern the proceeding and all issues raised by this agreement to arbitrate. Each party to this Agreement will be bound by the determination of any arbitrator or arbitration panel empaneled by the AAA to adjudicate the dispute. Judgment on any arbitration award may be entered in any court of competent jurisdiction.

Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any such dispute or controversy in a court of competent jurisdiction and, further, may seek provisional or ancillary remedies, including temporary or injunctive relief in connection with such dispute or controversy in a court of competent jurisdiction, provided that the dispute or controversy is ultimately resolved through binding arbitration conducted in accordance with the terms and conditions of this Section. If any party institutes legal proceedings in an effort to resist arbitration and is unsuccessful in doing so, the prevailing party is entitled to recover, from the losing party, its legal fees, expert witness costs, and other expenses incurred in connection with the defense of such proceedings.