VII. DISPUTE RESOLUTION
37. The parties hereto agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof shall be settled in the following manner:
a. First, either party claiming that a violation has occurred under this Agreement will give notice of the claim in writing to opposing counsel and will propose a resolution of the issue to the other party.
b. Second, within ten (10) days of the written claim of violation, the parties shall meet and confer to attempt in good faith, through informal negotiations, to resolve the dispute or controversy.
c. Third, if the meet-and-confer step fails to produce a resolution, the parties shall submit the dispute for arbitration by JAMS Endispute (the "Arbitrator"). The Arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the Arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
i. The Arbitrator shall apply California law to the merits of any dispute or claim, without reference to conflict-of-law rules. The arbitration proceedings shall be governed by federal arbitration law, without reference to state arbitration law. The parties hereto hereby expressly consent to the personal jurisdiction of the state and federal courts located in California for any action or proceeding arising from or relating to this Agreement and/or relating to any arbitration in which the parties are participants.
ii. The parties initially shall each advance one half of the costs and expenses of the Arbitrator, and each party will bear responsibility for its own attorneys’ fees and its other costs and expenses. Thereafter, the Arbitrator may, in accordance with applicable law, award reasonable attorneys’ fees, costs, and expenses to the prevailing party.
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