OR IF THE ISSUES WOULD OTHERWISE NOT BE RIPE FOR
RESOLUTION IN A COURT PROCEEDING, AND ANY SUCH DECISION SHALL BIND THE PARTIES
IN THEIR CONTINUING PERFORMANCE OF THIS AGREEMENT.
THE ARBITRATOR'S WRITTEN
DECISION SHALL BE RENDERED WITHIN SIXTY DAYS OF THE HEARING.
THE DECISION
REACHED BY THE ARBITRATOR SHALL BE FINAL AND BINDING UPON THE PARTIES AS TO THE
MATTER IN DISPUTE.
TO THE EXTENT THAT THE RELIEF OR REMEDY GRANTED BY THE
ARBITRATOR IS RELIEF OR REMEDY ON WHICH A COURT COULD ENTER JUDGMENT, A JUDGMENT
UPON THE AWARD RENDERED BY THE ARBITRATOR SHALL BE ENTERED IN ANY COURT HAVING
JURISDICTION THEREOF (UNLESS IN THE CASE OF AN AWARD OF DAMAGES, THE FULL AMOUNT
OF THE AWARD IS PAID WITHIN 10 DAYS OF ITS DETERMINATION BY THE
10
ARBITRATOR).
OTHERWISE, THE AWARD SHALL BE BINDING ON THE PARTIES IN CONNECTION
WITH THEIR CONTINUING PERFORMANCE OF THIS AGREEMENT AND IN ANY SUBSEQUENT
ARBITRAL OR JUDICIAL PROCEEDINGS BETWEEN THE PARTIES.
(V)
THE ARBITRATION SHALL TAKE PLACE IN LOS ANGELES, CALIFORNIA.
(VI)
THE ARBITRATION PROCEEDING AND ALL FILINGS, TESTIMONY, DOCUMENTS
AND INFORMATION RELATING TO OR PRESENTED DURING THE ARBITRATION PROCEEDING SHALL
BE DISCLOSED EXCLUSIVELY FOR THE PURPOSE OF FACILITATING THE ARBITRATION PROCESS
AND FOR NO OTHER PURPOSE AND SHALL BE DEEMED TO BE INFORMATION SUBJECT TO THE
CONFIDENTIALITY PROVISIONS OF THIS AGREEMENT.
(VII)
THE PARTIES SHALL CONTINUE PERFORMING THEIR RESPECTIVE OBLIGATIONS
UNDER THIS AGREEMENT NOTWITHSTANDING THE EXISTENCE OF A DISPUTE WHILE THE
DISPUTE IS BEING RESOLVED UNLESS AND UNTIL SUCH OBLIGATIONS ARE TERMINATED OR
EXPIRE IN ACCORDANCE WITH THE PROVISIONS HEREOF.
(VIII)
THE ARBITRATOR MAY ORDER A PRE-HEARING EXCHANGE OF INFORMATION
INCLUDING DEPOSITIONS, INTERROGATORIES, PRODUCTION OF DOCUMENTS, EXCHANGE OF
SUMMARIES OF TESTIMONY OR EXCHANGE OF STATEMENTS OF POSITION, AND THE ARBITRATOR
SHALL LIMIT SUCH DISCLOSURE TO AVOID UNNECESSARY BURDEN TO THE PARTIES AND SHALL
SCHEDULE PROMPTLY ALL DISCOVERY AND OTHER PROCEDURAL STEPS AND OTHERWISE ASSUME
CASE MANAGEMENT INITIATIVE AND CONTROL TO EFFECT AN EFFICIENT AND EXPEDITIOUS
RESOLUTION OF THE DISPUTE.
AT ANY ORAL HEARING OF EVIDENCE IN CONNECTION WITH
AN ARBITRATION PROCEEDING, EACH PARTY AND ITS COUNSEL SHALL HAVE THE RIGHT TO
EXAMINE ITS WITNESS AND TO CROSS-EXAMINE THE WITNESSES OF THE OTHER PARTY.
NO
TESTIMONY OF ANY WITNESS SHALL BE PRESENTED IN WRITTEN FORM UNLESS THE OPPOSING
PARTY OR PARTIES SHALL HAVE THE OPPORTUNITY TO CROSS-EXAMINE SUCH WITNESS,
EXCEPT AS THE PARTIES OTHERWISE AGREE IN WRITING.
(IX)
THE COMPANY SHALL BE PRECLUDED FROM ASSERTING IN ANY ARBITRATION
COMMENCED PURSUANT TO THIS SECTION 13 THAT THE OBLIGATIONS, PROCEDURES AND
PRESUMPTIONS OF THIS AGREEMENT ARE NOT VALID, BINDING AND ENFORCEABLE AND SHALL
STIPULATE BEFORE ANY SUCH ARBITRATOR THAT THE COMPANY IS BOUND BY ALL THE
PROVISIONS OF THIS AGREEMENT.
(D)
NOTWITHSTANDING THE DISPUTE RESOLUTION PROCEDURES CONTAINED IN THIS
SECTION 13, EITHER PARTY MAY APPLY TO ANY COURT IN THE STATE OR FEDERAL COURTS
OF THE STATES OF DELAWARE OR CALIFORNIA:
(I) TO ENFORCE THIS AGREEMENT TO
ARBITRATE; (II) TO SEEK PROVISIONAL INJUNCTIVE RELIEF SO AS TO MAINTAIN THE
STATUS QUO UNTIL