Common use of Mandatory Arbitration Clause in Contracts

Mandatory Arbitration. Except as provided in subsection (h) of this Section 22, any Dispute must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver office of the American Arbitration Association ("AAA") to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. (b) The arbitration shall be conducted in the Denver, Colorado metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 22. The Parties and the panel may, however, agree to vary to provisions of this Section 22 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's final decision or award shall be based on this Agreement and applicable law. (f) The panel's final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel made before the final decision or award. (h) Nothing in this Section 22 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 22, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 22. In addition, nothing in this Section 22 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2231, any Dispute must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Commercial Arbitration Rules of the AAA (the “Arbitration Rules”) and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three neutral arbitrators within ten twenty days after the demand for arbitration was filed (and do not the Parties agree to an a reasonable, one-time extension of that tentwenty-day period), either Party may request the Denver Houston, Texas office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. Notwithstanding the foregoing, the Parties, by mutual consent, may agree to a single arbitrator instead of a panel of three arbitrators and, in such event, references herein to “panel” shall refer to the single appointed arbitrator. (b) The arbitration shall be conducted in the DenverHouston, Colorado Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2231. The Parties and the panel may, however, agree to vary to provisions of this Section 22 31 or the matters otherwise governed by the Arbitration RulesRules as permitted by law. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on the terms and conditions of this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel that is made before the final decision or award. (h) Nothing in this Section 22 31 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2231, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2231. In addition, nothing in this Section 22 31 prohibits the Parties from resolving any Dispute (in whole or in part) at any time by agreementmutual agreement or compromise. This Section 31 shall also not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute. (i) The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. . (j) The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party Party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2228, any Dispute (as defined in Section 6(d)) must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver Houston, Texas office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. Notwithstanding the foregoing, the Parties, by mutual consent, may agree to a single arbitrator instead of a panel of three arbitrators and, in such event, references herein to “panel” shall refer to the single appointed arbitrator. (b) The arbitration shall be conducted in the DenverHouston, Colorado Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2228. The Parties and the panel may, however, agree to vary to provisions of this Section 22 28 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on the terms and conditions of this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel that is made before the final decision or award. (h) Nothing in this Section 22 28 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2228, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2228. In addition, nothing in this Section 22 28 prohibits the Parties from resolving any Dispute (in whole or in part) at any time by agreementmutual agreement or compromise. This Section 28 shall also not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute. (i) The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. . (j) The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2230, any Dispute (as defined in Section 6(e)) must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver Denver, Colorado office of the American Arbitration Association ("AAA") to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. (b) The arbitration shall be conducted in the Denver, Colorado metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2230. The Parties and the panel may, however, agree to vary to provisions of this Section 22 30 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's final decision or award shall be based on this Agreement and applicable law. (f) The panel's final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel made before the final decision or award. (h) Nothing in this Section 22 30 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2230, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2230. In addition, nothing in this Section 22 30 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 30 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2231, any Dispute must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Commercial Arbitration Rules of the AAA (the “Arbitration Rules”) and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three neutral arbitrators within ten twenty days after the demand for arbitration was filed (and do not the Parties agree to an a reasonable, one-time extension of that tentwenty-day period), either Party may request the Denver Houston, Texas office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. Notwithstanding the foregoing, the Parties, by mutual consent, may agree to a single arbitrator instead of a panel of three arbitrators and, in such event, references herein to “panel” shall refer to the single appointed arbitrator. (b) The arbitration shall be conducted in the DenverHouston, Colorado Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2231. The Parties and the panel may, however, agree to vary to provisions of this Section 22 31 or the matters otherwise governed by the Arbitration RulesRules as permitted by law. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on the terms and conditions of this Agreement and applicable law. (f) The panel's final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel made before the final decision or award. (h) Nothing in this Section 22 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 22, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 22. In addition, nothing in this Section 22 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2229, any Dispute (as defined in Section 6(e)) must be resolved by binding arbitration in accordance with the followingFederal Arbitration Act and the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association as then effective (the “Arbitration Rules”), subject to this Section 29 as follows: (a) Either Party Any party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators single arbitrator within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver Houston, Texas, office of the American Arbitration Association ("“AAA"”) to appoint the a single arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each The arbitrator so appointed shall be deemed accepted by the Parties as part of the panelParties. (b) The arbitration shall be conducted in the DenverHouston, Colorado metropolitan area Texas, at a place and time agreed upon by the Parties with the panelarbitrator, or if the Parties cannot agree, as designated by the panelarbitrator. The panel arbitrator may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel arbitrator may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel arbitrator may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is reasonably likely to lead to material the discovery of admissible evidence needed to resolve the Dispute and/or allow either party to discover such facts that shall afford full and is not excessive in scope, timing, or costadequate relief. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2229. The Parties and the panel arbitrator may, however, agree to vary to provisions of this Section 22 29 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panelarbitrator. The panel's arbitrator’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panelarbitrator, and shall be deemed issued at the place of arbitration. The panel's arbitrator’s final decision or award shall be based on this Agreement and applicable law. (f) The panel's To the extent that the arbitrator’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement, any such injunctive relief shall not be enforceable against the other party until entered by order of a court of competent jurisdiction. (g) The panel's arbitrator’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel arbitrator that is made before the final decision or award. (h) Nothing in this Section 22 29 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2229, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2229. In addition, nothing in this Section 22 29 prohibits the Parties from resolving any Dispute (in whole or in part) by mutual agreement. This Section 29 shall also not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute. (i) The panel arbitrator may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel arbitrator in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel arbitrator in its award. . (j) The panel arbitrator shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2229, any Dispute (as defined in Section 6(d)) must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three neutral arbitrators within ten twenty days after the demand for arbitration was filed (and do not the Parties agree to an a reasonable, one-time extension of that tentwenty-day period), either Party may request the Denver Houston, Texas office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. Notwithstanding the foregoing, the Parties, by mutual consent, may agree to a single arbitrator instead of a panel of three arbitrators and, in such event, references herein to “panel” shall refer to the single appointed arbitrator. (b) The arbitration shall be conducted in the DenverHouston, Colorado Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Commercial Arbitration Rules of the AAA to the extent that they do not conflict with this Section 2229. The Parties and the panel may, however, agree to vary to provisions of this Section 22 29 or the matters otherwise governed by the Arbitration RulesRules as permitted by law. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on the terms and conditions of this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief re1ief from the preceding sentence or from any decision of the panel that is made before the final decision or award. (h) Nothing in this Section 22 29 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2229, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2229. In addition, nothing in this Section 22 29 prohibits the Parties from resolving any Dispute (in whole or in part) at any time by agreementmutual agreement or compromise. This Section 29 shall also not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute. (i) The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. . (j) The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2226, any Dispute (as defined in Section 6(c)) must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver Houston, Texas office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. (b) The arbitration shall be conducted in the Denver, Colorado Houston metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2226. The Parties and the panel may, however, agree to vary to provisions of this Section 22 26 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel made before the final decision or award. (h) Nothing in this Section 22 26 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2226, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2226. In addition, nothing in this Section 22 26 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 26 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2227, any Dispute (as defined in Section 6(d)) must be resolved by binding arbitration in accordance with the followingFederal Arbitration Act and the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association as then effective (the "Arbitration Rules"), subject to this Section 27 as follows: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver Houston, Texas office of the American Arbitration Association ("AAA") to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. The Parties, by mutual consent, may agree to a single arbitrator instead of a panel of _______________ Initials _______________ Initials three arbitrators and, in such event, references herein to "panel" shall refer to the single appointed arbitrator. (b) The arbitration shall be conducted in the DenverHouston, Colorado Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2227. The Parties and the panel may, however, agree to vary to provisions of this Section 22 27 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's final decision or award shall be based on this Agreement and applicable law. (f) The panel's final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel that is made before the final decision or award. (h) Nothing in this Section 22 27 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2227, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2227. In addition, nothing in this Section 22 27 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. This Section 27 shall also not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute. _______________ Initials _______________ Initials (i) The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. . (j) The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2229, any Dispute (as defined in Section 6(d)) must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three neutral arbitrators within ten twenty days after the demand for arbitration was filed (and do not the Parties agree to an a one-time, reasonable extension of that tentwenty-day period), either Party may request the Denver Houston, Texas office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. Notwithstanding the foregoing, the Parties, by mutual consent, may agree to a single arbitrator instead of a panel of three arbitrators and, in such event, references herein to “panel” shall refer to the single appointed arbitrator. (b) The arbitration shall be conducted in the DenverHouston, Colorado Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Commercial Arbitration Rules of the AAA to the extent that they do not conflict with this Section 2229. The Parties and the panel may, however, agree to vary to provisions of this Section 22 29 or the matters otherwise governed by the Arbitration RulesRules as permitted by law. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on the terms and conditions of this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief re1ief from the preceding sentence or from any decision of the panel that is made before the final decision or award. (h) Nothing in this Section 22 29 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2229, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2229. In addition, nothing in this Section 22 29 prohibits the Parties from resolving any Dispute (in whole or in part) at any time by agreementmutual agreement or compromise. This Section 29 shall also not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute. (i) The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. . (j) The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2212, any Dispute dispute must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Rules for Commercial Arbitration Rules of the American Arbitration Association (as in effect at the time of arbitration of a dispute, the “Arbitration Rules”) and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten (10) days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. (b) The arbitration shall be conducted in the Denver, Colorado metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2212. The Parties and the panel may, however, agree to vary to provisions of this Section 22 12 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel made before the final decision or award. (h) Nothing in this Section 22 12 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2212, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2212. In addition, nothing in this Section 22 12 prohibits the Parties from resolving any Dispute dispute (in whole or in part) by agreement. . (i) The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. . (j) The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. . (k) This Section 22 12 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Disputedispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2226, any Dispute (as defined in Section 6(c)) must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver Houston, Texas office of the American Arbitration Association ("AAA") to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. (b) The arbitration shall be conducted in the Denver, Colorado Houston metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2226. The Parties and the panel may, however, agree to vary to provisions of this Section 22 26 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's final decision or award shall be based on this Agreement and applicable law. (f) The panel's final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel made before the final decision or award. (h) Nothing in this Section 22 26 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2226, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2226. In addition, nothing in this Section 22 26 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 26 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2231, any Dispute must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Commercial Arbitration Rules of the AAA (the “Arbitration Rules”) and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three neutral arbitrators within ten twenty days after the demand for arbitration was filed (and do not the Parties agree to an a reasonable, one-time extension of that tentwenty-day period), either Party may request the Denver Houston, Texas office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. Notwithstanding the foregoing, the Parties, by mutual consent, may agree to a single arbitrator instead of a panel of three arbitrators and, in such event, references herein to “panel” shall refer to the single appointed arbitrator. (b) The arbitration shall be conducted in the DenverHouston, Colorado Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2231. The Parties and the panel may, however, agree to vary to provisions of this Section 22 31 or the matters otherwise governed by the Arbitration RulesRules as permitted by law. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on the terms and conditions of this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel that is made before the final decision or award. (h) Nothing in this Section 22 31 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2231, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 22. In addition, nothing in this Section 22 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.,

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2230, any Dispute (as defined in Section 6(e)) must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver Denver, Colorado office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. (b) The arbitration shall be conducted in the Denver, Colorado metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2230. The Parties and the panel may, however, agree to vary to the provisions of this Section 22 30 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel made before the final decision or award. (h) Nothing in this Section 22 30 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2230, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2230. In addition, nothing in this Section 22 30 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 30 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2227, any Dispute (as defined in Section 6(d)) must be resolved by binding arbitration in accordance with the followingFederal Arbitration Act and the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association as then effective (the “Arbitration Rules”), subject to this Section 27 as follows: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver Houston, Texas office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. The Parties, by mutual consent, may agree to a single arbitrator instead of a panel of Initials Initials three arbitrators and, in such event, references herein to “panel” shall refer to the single appointed arbitrator. (b) The arbitration shall be conducted in the DenverHouston, Colorado Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2227. The Parties and the panel may, however, agree to vary to provisions of this Section 22 27 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel that is made before the final decision or award. (h) Nothing in this Section 22 27 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2227, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2227. In addition, nothing in this Section 22 27 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. This Section 27 shall also not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute. (i) The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. . (j) The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 22, any Dispute must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. (b) The arbitration shall be conducted in the Denver, Colorado metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 22. The Parties and the panel may, however, agree to vary to the provisions of this Section 22 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel made before the final decision or award. (h) Nothing in this Section 22 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 22, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 22. In addition, nothing in this Section 22 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 22, any A Dispute must may be resolved submitted by either party for definitive resolution through binding arbitration (an “Arbitration”) with a single neutral arbitrator (the “Arbitrator”) mutually agreed upon by the parties or otherwise selected in accordance with the following: Rules (aas defined below) Either Party may begin arbitration in Midland, Texas. In the event the parties cannot agree on an Arbitrator, the Arbitrator shall be selected by filing a demand for arbitration the Dallas, Texas office of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or its successor in accordance with its arbitrator selection procedures. The Arbitration shall be brought before the Arbitrator and heard in accordance with then-applicable JAMS Employment Arbitration Rules and concurrently Notifying Procedures (the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period“Rules”), either Party may request the Denver office of the American Arbitration Association ("AAA") to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. (b) The arbitration shall be conducted in the Denver, Colorado metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as arbitrator shall (i) have the Parties may agree or as authority to compel adequate discovery for the panel may, on the motion resolution of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute and to award such relief as would otherwise be permitted by applicable law; and (ii) issue a written arbitration decision including the Arbitrator’s essential findings and conclusions and a statement of the award. The Arbitrator shall determine if any Dispute or issue is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act this arbitration obligation, and conducted to award any or all remedies that either party would be entitled to seek in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 22a court of law. The Parties Company shall bear the administrative costs and the panel may, however, agree to vary to provisions of this Section 22 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment expenses of the panel. The panel's final decision or award shall be made within 30 days after Arbitration, including the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panelArbitrator’s fee, and each party shall be deemed issued at bear its own attorney’s fees and associated expenses, subject to re-allocation as permitted under the place of arbitration. The panel's final decision or award shall be based on this Agreement Rules and applicable substantive law. (f) The panel's final decision . Except as required by law or award as may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or be reasonably required in connection with this Agreement. (g) The panel's final decision ancillary judicial proceedings to compel arbitration, to obtain temporary or award preliminary judicial relief in aid of arbitration, or to confirm or challenge an arbitration award, the Arbitration proceedings, including any hearings, evidence, and award, shall be final and binding upon the Partiesconfidential, and judgment upon that decision the parties shall not disclose any awards, any materials in the proceedings created for the purpose of the Arbitration, or any documents produced by another party in the proceedings not otherwise in the public domain. Judgment on any award rendered by an arbitration tribunal may be entered in any court having jurisdictionjurisdiction thereover. The Parties waive any right to apply Notwithstanding the foregoing, the parties may bring an action or appeal to special proceeding in any court of competent jurisdiction for relief from the preceding sentence or from any decision purpose of the panel made before the final decision or awardcompelling arbitration. (h) Nothing in this Section 22 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 22, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 22. In addition, nothing in this Section 22 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2229, any Dispute (as defined in Section 6(e)) must be resolved by binding arbitration in accordance with the followingFederal Arbitration Act and the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association as then effective (the “Arbitration Rules”), subject to this Section 29 as follows: (a) Either Party Any party may begin arbitration by filing a demand for arbitration in accordance with the Arbitration Rules and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators single arbitrator within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver Houston, Texas, office of the American Arbitration Association ("“AAA"”) to appoint the a single arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each The arbitrator so appointed shall be deemed accepted by the Parties as part of the panelParties. (b) The arbitration shall be conducted in the DenverHouston, Colorado metropolitan area Texas, at a place and time agreed upon by the Parties with the panelarbitrator, or if the Parties cannot agree, as designated by the panelarbitrator. The panel arbitrator may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel arbitrator may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel arbitrator may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is reasonably likely to lead to material the discovery of admissible evidence needed to resolve the Dispute and/or allow either party to discover such facts that shall afford full and is not excessive in scope, timing, or costadequate relief. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2229. The Parties and the panel arbitrator may, however, agree to vary to provisions of this Section 22 29 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panelarbitrator. The panel's arbitrator’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panelarbitrator, and shall be deemed issued at the place of arbitration. The panel's final decision or award shall be based on this Agreement and applicable law. (f) The panel's final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel made before the final decision or award. (h) Nothing in this Section 22 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 22, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 22. In addition, nothing in this Section 22 prohibits the Parties from resolving any Dispute (in whole or in part) by agreement. The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. This Section 22 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Dispute.of

Mandatory Arbitration. Except as provided in subsection (h) of this Section 2212, any Dispute dispute must be resolved by binding arbitration in accordance with the following: (a) Either Party may begin arbitration by filing a demand for arbitration in accordance with the Rules for Commercial Arbitration Rules of the American Arbitration Association (as in effect at the time of arbitration of a dispute, the “Arbitration Rules”) and concurrently Notifying notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Denver office of the American Arbitration Association ("“AAA"”) to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel. (b) The arbitration shall be conducted in the Denver, Colorado metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence. (c) The panel may authorize any and all forms of discovery upon a Party's ’s showing of need that the requested discovery is likely to lead to material evidence needed to resolve the Dispute dispute and is not excessive in scope, timing, or cost. (d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 2212. The Parties and the panel may, however, agree to vary to provisions of this Section 22 12 or the matters otherwise governed by the Arbitration Rules. (e) The arbitration hearing shall be held within 60 days after the appointment of the panel. The panel's ’s final decision or award shall be made within 30 days after the hearing. That final decision or award shall be made by unanimous or majority vote or consent of the arbitrators constituting the panel, and shall be deemed issued at the place of arbitration. The panel's ’s final decision or award shall be based on this Agreement and applicable law. (f) The panel's ’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement. (g) The panel's ’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the panel made before the final decision or award. (h) Nothing in this Section 22 12 limits the right of either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in accordance with this Section 2212, (ii) seek provisional or temporary injunctive relief, in response to an actual or impending breach of the Agreement or otherwise so as to avoid an irreparable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 2212. In addition, nothing in this Section 22 12 prohibits the Parties from resolving any Dispute dispute (in whole or in part) by agreement. . (i) The panel may proceed to an award notwithstanding the failure of any Party to participate in such proceedings. The prevailing Party in the arbitration proceeding may be entitled to an award of reasonable attorneys' ’ fees incurred in connection with the arbitration in such amount, if any, as determined by the panel in its discretion. The costs of the arbitration shall be borne equally by the Parties unless otherwise determined by the panel in its award. . (j) The panel shall be empowered to impose sanctions and to take such other actions as it deems necessary to the same extent a judge could impose sanctions or take such other actions pursuant to the Federal Rules of Civil Procedure and applicable law. Each party agrees to keep all Disputes disputes and arbitration proceedings strictly confidential except for disclosure of information required by applicable law which cannot be waived. . (k) This Section 22 12 shall not preclude the Parties at any time from mutually agreeing to pursue non-binding mediation of the Disputedispute.