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<br />Dollars ($5,000,000), upon the request of any party, the Claims shall be decided by three arbitrators. <br />All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and <br />close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued <br />within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of <br />good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. <br />The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration <br />award may be submitted to any court having jurisdiction to be confirmed, judgment entered and <br />enforced. <br /> <br />(e) The arbitrator(s) will give effect to statutes oflimitation in determining any Claim <br />and may dismiss the arbitration on the basis that the Claim is barred, For purposes ofthe application <br />of the statute of limitations, the service on AAA under applicable AAA rules of a notice of Claim <br />is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or <br />whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have <br />the power to award legal fees pursuant to the terms of this Agreement. <br /> <br />(t) This Section does not limit the right of any party to: (i) exercise self-help remedies, <br />such as but not limited to, setoff; (ii) initiate judicial or non-judicial foreclosure against any real or <br />personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court <br />oflaw to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession <br />or appointment of a receiver, or additional or supplementary remedies. <br /> <br />(g) The filing of a court action is not intended to constitute a waiver of the right of any <br />party, including the suing party, thereafter to require submittal of the Claim to arbitration. <br /> <br />(h) By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any <br />right they may have to a trial by jury in respect of any Claim. Furthermor:e, without intending in any <br />way to limit this agreement to arbitrate, to the extent any Claim is not arbitrated, the parties <br />irrevocably and voluntarily waive any right they may have to a trial by jury in respect of such Claim. <br />This provision is a material inducement for the parties entering into this Agreement. <br /> <br />-14- <br />