U.S. Uses in Mediation Clause

Mediation from Agreement and Plan of Merger

THIS AGREEMENT AND PLAN OF MERGER (this Agreement), dated as of June 3, 2005, is entered into by and among American Medical Systems, Inc., a Delaware corporation (Parent), Oak Merger Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (Merger Subsidiary), Ovion Inc., a Delaware corporation (Company), Jeffrey P. Callister and W. Stephen Tremulis (together, the Principal Stockholders) and Jeffrey P. Callister, as Stockholders Representative (Stockholders Representative).

Mediation. No party shall commence an arbitration proceeding pursuant to the provisions set forth below unless such party shall first give a written notice (a Dispute Notice) to the other parties setting forth the nature of the Dispute. The parties shall attempt in good faith to resolve the Dispute by mediation under the CPR Institute for Dispute Resolution (CPR) Model Mediation Procedure for Business Disputes (the CPR Procedure) in effect at the time of the Dispute. If the parties cannot agree on the selection of a mediator within twenty (20) days after receipt of the Dispute Notice, the mediator will be selected in accordance with the CPR Procedure. 9.3 Arbitration. (a) If the Dispute has not been resolved by mediation as provided in Sections 9.1 and 9.2 within sixty (60) days after receipt of the Dispute Notice or such greater period as the parties may agree upon in writing, or if a party fails to participate in a mediation, then the Dispute shall be determined by binding arbitration in Minneapolis, Minnesota. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) in effect on the date on which the Dispute Notice is sent, subject to any modifications contained in this Agreement. The Dispute shall be determined by one (1) arbitrator, except that if the Dispute involves an amount in excess of One Million Dollars ($1,000,000), exclusive of interest and costs, three (3) arbitrators shall be appointed. Persons eligible to serve as arbitrators shall be members of the AAA Large, Complex Case Panel or a CPR Panel of Distinguished Neutrals, or persons who have professional credentials similar to those persons listed on such AAA or CPR panels. The award shall be in writing and include the findings of fact and conclusions of law upon which it is based. (b) The arbitration shall be governed by the substantive laws of the State of Minnesota, without regard to conflicts-of-law rules, and by the arbitration law of the Federal Arbitration Act (Title 9, U.S. Code). Judgment upon the award rendered may be entered in any court having jurisdiction. (c) Except as otherwise required by law, the parties and the arbitrator(s) agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute. If a party fails to proceed with arbitration as provided in this Agreement, or unsuccessfully seeks to stay the arbitration, or fails to comply with the arbitration award, or is unsuccessful in vacating or modifying the award pursuant to a petition or application for judicial review, the other party or parties, as applicable, shall be entitled to be awarded costs, including reasonable attorneys fees, paid or incurred in successfully compelling such arbitration or defending against the attempt to stay, vacate or modify such arbitration award and/or successfully defending or enforcing the award.

Mediation from Agreement and Plan of Reorganization

This Agreement and Plan of Reorganization (the Agreement) is made and entered into as of July 14, 2004, by and among Lone Moose Adventures, Inc., a Nevada corporation (Parent); Lone Moose Acquisition Corporation, a Minnesota corporation and a wholly-owned subsidiary of Parent (Acquisition Co.); Michael C. Brown and Christopher B. Glover, currently the executive officers of Parent, and David C. Merrell, a founding shareholder of Parent (Messrs. Brown, Glover and Merrell are together referred to herein as the Principal Shareholders); and Southwest Casino and Hotel Corp., a Minnesota corporation (Southwest).

Mediation. No party shall commence an arbitration proceeding pursuant to the provisions set forth below unless such party shall first give a written notice (a Dispute Notice) to the other parties setting forth the nature of the Dispute. The parties shall attempt in good faith to resolve the Dispute by mediation under the CPR Institute for Dispute Resolution (CPR) Model Mediation Procedure for Business Disputes (the CPR Procedure) in effect at the time of the Dispute. If the parties cannot agree on the selection of a mediator within 20 days after receipt of the Dispute Notice, the mediator will be selected in accordance with the CPR Procedure.

Mediation from Business Services Agreement

This Business Services Agreement, dated January 1, 2004 (this Agreement), is made by and between GNA CORPORATION, a Washington corporation (GNA) and UNION FIDELITY LIFE INSURANCE COMPANY, an insurance company organized under the laws of the State of Illinois (the Company).

Mediation. If a Dispute is not resolved by negotiation as provided in Section 5.02 within forty-five (45) days from the delivery of the Initial Notice, then either party may submit the Dispute for resolution by mediation pursuant to the CPR Institute for Dispute Resolution (the CPR) Model Mediation Procedure as then in effect. The parties will select a mediator from the CPR Panels of Distinguished Neutrals, but such mediator must have prior U.S. reinsurance experience either as a lawyer or as a present or former officer or management employee of a reinsurance company, but not of GNA, or the Company, or any of their respective affiliates. Either party at commencement of the mediation may ask the mediator to provide an evaluation of the Dispute and the parties relative positions.

Mediation from Reinsurance Agreement

This Reinsurance Agreement, dated as of April 15, 2004 (this Agreement), is made and entered into by and between GE Life and Annuity Assurance Company, an insurance company organized under the laws of the Commonwealth of Virginia (the Company), and Union Fidelity Life Insurance Company, an insurance company organized under the laws of the State of Illinois (the Reinsurer). Defined terms used herein are defined below.

Mediation. If a Dispute is not resolved by negotiation as provided in Section 12.2 within forty-five (45) days from the delivery of the Initial Notice, then either party may submit the Dispute for resolution by mediation pursuant to the CPR Institute for Dispute Resolution (the CPR) Model Mediation Procedure as then in effect. The parties will select a mediator from the CPR Panels of Distinguished Neutrals, but such mediator must have prior U.S. reinsurance experience either as a lawyer or as a present or former officer or management employee of a reinsurance company, but not of the Company, or the Reinsurer, or any of their respective affiliates. Either party at commencement of the mediation may ask the mediator to provide an evaluation of the Dispute and the parties relative positions.

Mediation from Retrocession Agreement

This Retrocession Agreement, dated as of April 15, 2004 (this Agreement), is made and entered into by and between GE Capital Life Assurance Company of New York, an insurance company organized under the laws of the State of New York (the Company), and Union Fidelity Life Insurance Company, an insurance company organized under the laws of the State of Illinois (the Reinsurer). Defined terms used herein are defined below.

Mediation. If a Dispute is not resolved by negotiation as provided in Section 15.2 within forty-five (45) days from the delivery of the Initial Notice, then either party may submit the Dispute for resolution by mediation pursuant to the CPR Institute for Dispute Resolution (the CPR) Model Mediation Procedure as then in effect. The parties will select a mediator from the CPR Panels of Distinguished Neutrals, but such mediator must have prior U.S. reinsurance experience either as a lawyer or as a present or former officer or management employee of a reinsurance company, but not of the Company, or the Reinsurer, or any of their respective affiliates. Either party at commencement of the mediation may ask the mediator to provide an evaluation of the Dispute and the parties relative positions.

Mediation from Retrocession Agreement

This Retrocession Agreement, dated as of April 15, 2004 (this Agreement), is made and entered into by and between General Electric Capital Assurance Company, an insurance company organized under the laws of the State of Delaware (the Company), and Union Fidelity Life Insurance Company, an insurance company organized under the laws of the State of Illinois (the Reinsurer). Defined terms used herein are defined below.

Mediation. If a Dispute is not resolved by negotiation as provided in Section 15.2 within forty-five (45) days from the delivery of the Initial Notice, then either party may submit the Dispute for resolution by mediation pursuant to the CPR Institute for Dispute Resolution (the CPR) Model Mediation Procedure as then in effect. The parties will select a mediator from the CPR Panels of Distinguished Neutrals, but such mediator must have prior U.S. reinsurance experience either as a lawyer or as a present or former officer or management employee of a reinsurance company, but not of the Company, or the Reinsurer, or any of their respective affiliates. Either party at commencement of the mediation may ask the mediator to provide an evaluation of the Dispute and the parties relative positions.

Mediation from Reinsurance Agreement

This Reinsurance Agreement, dated as of April 15, 2004 (this Agreement), is made and entered into by and between GE Life and Annuity Assurance Company, an insurance company organized under the laws of the Commonwealth of Virginia (the Company), and Union Fidelity Life Insurance Company, an insurance company organized under the laws of the State of Illinois (the Reinsurer). Defined terms used herein are defined below.

Mediation. If a Dispute is not resolved by negotiation as provided in Section 12.2 within forty-five (45) days from the delivery of the Initial Notice, then either party may submit the Dispute for resolution by mediation pursuant to the CPR Institute for Dispute

Mediation from Reinsurance Agreement

This Agreement, dated as of , 2004 (this Agreement) is made and entered into by and between Financial Insurance Company Limited, an insurance company organised under the laws of England (the Company), and Viking Insurance Company, Limited, an insurance company organised under the laws of Bermuda (the Reinsurer). Defined terms used herein are defined below.

Mediation. If a Dispute is not resolved by negotiation as provided in Section 8.2 within forty-five (45) days from the initial notice, then either party may submit the Dispute for resolution by mediation pursuant to the Center for Public Resources (CPR) Model Mediation Procedure as then in effect. The parties will select a mediator from the CPR Panels of Distinguished Neutrals, but such mediator must have prior reinsurance experience either as a lawyer or as a present or former officer or management employee of a reinsurance company, but not of the Company, or the Reinsurer, or any of their respective affiliates. Either party at commencement of the mediation may ask the mediator to provide an evaluation of the Dispute and the parties relative positions.

Mediation from Business Services Agreement

This Business Services Agreement, dated , 2004 (this Agreement), is made by and between GNA CORPORATION, a Washington corporation (GNA) and UNION FIDELITY LIFE INSURANCE COMPANY, an insurance company organized under the laws of the State of Illinois (the Company).

Mediation. If a Dispute is not resolved by negotiation as provided in Section 5.02 within forty-five (45) days from the delivery of the Initial Notice, then either party may submit the Dispute for resolution by mediation pursuant to the CPR Institute for Dispute Resolution (the CPR) Model Mediation Procedure as then in effect. The parties will select a mediator from the CPR Panels of Distinguished Neutrals, but such mediator must have prior U.S. reinsurance experience either as a lawyer or as a present or former officer or management employee of a reinsurance company, but not of GNA, or the Company, or any of their respective affiliates. Either party at commencement of the mediation may ask the mediator to provide an evaluation of the Dispute and the parties relative positions.