Common use of Disputes Mediation and Arbitration Clause in Contracts

Disputes Mediation and Arbitration. Except for claims of immediate and irreparable harm relating to breaches of Confidentiality under this AGREEMENT all disputes (“Disputes”) arising in connection with this AGREEMENT which the parties are unable to resolve within three months of a determination by either party and notice to the other of such inability to resolve, will be submitted to non-binding mediation. Any mediation of a Dispute under this Section will be conducted by the American Arbitration Association (“AAA”) in accordance with the then- current “Rules for Commercial Mediation” (“Mediation Rules”). Each party to the mediation will bear its own expenses with respect to mediation, and the parties will share equally the fees and expenses of AAA and the mediator. Each party will be represented in the mediation by representatives having final settlement authority with respect to the Dispute(s). Any Dispute, other than a Dispute pertaining to technology transfers, confidentiality or intellectual property ownership and enforcement, not finally resolved within ninety (90) days after mediation in accordance with this Article 22: Disputes, Mediation and Arbitration will, upon the written demand of any involved party delivered to the other party and the AAA, be finally resolved through binding arbitration in accordance with the then-current AAA “Commercial Arbitration Rules”. Each party shall bear its own costs relating to resolution of disputes under this paragraph.

Disputes Mediation and Arbitration. Except for claims of immediate and irreparable harm relating to breaches of Confidentiality under this AGREEMENT all disputes (“Disputes”) arising in connection with this AGREEMENT which the parties are unable to resolve within three months of a determination by either party and notice to the other of such inability to resolve, will be submitted to non-binding mediation. Any mediation of a Dispute under this Section will be conducted by the American Arbitration Association (“AAA”) in accordance with the then- current “Rules for Commercial Mediation” (“Mediation Rules”). Each party to the mediation will bear its own expenses with respect to mediation, and the parties will share equally the fees and expenses of AAA and the mediator. Each party will be represented in the mediation by representatives having final settlement authority with respect to the Dispute(s). Any Dispute, other than a Dispute pertaining to technology transfers, confidentiality or intellectual property ownership and enforcement, not finally resolved within ninety (90) days after mediation in accordance with this Article 22: Disputes, Mediation and Arbitration will, upon the written demand of any involved party delivered to the other party and the AAA, be finally resolved through binding arbitration in accordance with the then-current AAA “Commercial Arbitration Rules”. Each party shall bear its own costs relating to resolution of disputes under this paragraph. Article 32 here within shall determine venue.