definiens: , meaning each Party shall prepare a written report setting forth its final position with respect to the substance of the dispute andthe arbitrator shall select the position of either [COMPANY] or Licensee . Such arbitration shall be held in accordance withthe rules of the American Arbitration Association ( ) then in effect, in New Jersey, by a single arbitrator mutuallyselected by both Parties from a list of those designated by the AAA, or if the Parties disagree, such arbitrator as is otherwiseappointed by the AAA . The foregoing remedy shall be each Party ’s sole and exclusive remedy with respect to thedetermination of any such dispute ; provided however that a Party also may, without waiving any remedy under thisAgreement, bring an action in court in New Jersey to seek from such court any injunctive or provisional relief necessary toprotect the rights or property of that party pending the arbitration award, or to enforce an arbitration ruling issued pursuant tothis Section 17.3 ( and each Party hereby agrees to the jurisdiction of such courts and waives any objections as to the personaljurisdiction or venue of such courts ) . The expenses of any arbitration shall be borne equally by the Parties . In each case, theParties and arbitrator shall use all diligent efforts to complete such arbitration within * * * of appointment of the arbitrator