Dispute Resolution / Arbitration

Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall first be submitted to mediation in accordance with the mediation rules of the American Arbitration Association (AAA). If mediation is unsuccessful, the dispute shall be finally resolved by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the Parties, or, if the Parties cannot agree, appointed by the AAA. The seat of arbitration shall be [City, State]. The arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order, including specific performance of any obligation under this Agreement, the awarding of damages as provided for in this Agreement, and the issuance of an injunction. The decision of the arbitrator shall be final and binding on the Parties and may be entered and enforced in any court of competent jurisdiction. Each Party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise.