Fill and Sign the 163b Arbitration Clauses Form

-1- 6.16[3][b] Arbitration Clauses Section 1.01. Arbitration. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the performance thereof, including but not limited to questions as to whether a matter is governed by this arbitration clause, shall be subject to arbitration [if good faith negotiations among the parties do not resolve such claim, dispute or other matter within 60 days and the parties have not elected to submit such claim, dispute or other matter to mediation pursuant to Section _____.] Such arbitration shall proceed in accordance with the Commercial Arbitration Rules of the American Arbitration Association then pertaining (the "Rules"), insofar as such Rules are not inconsistent with the provisions expressly set forth in this Agreement, unless the parties mutually agree otherwise, and pursuant to the following procedures:(a) Reasonable discovery shall be allowed in arbitration. (b) All proceedings before the arbitrators shall be held in [_____]. The governing law shall be as specified in Section_____. (c) The costs and fees of the arbitration, including attorneys' fees, shall be allocated by the arbitrators. (d) The award rendered by the arbitrators shall be final and judgment may be entered in accordance with applicable law and in any court having jurisdiction thereof. (e) The existence and resolution of the arbitration shall be kept confidential by the Venturers in the same manner as confidential information is required to be kept under Section X, and shall also be kept confidential by the arbitrators.