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6.2.2 If the dispute cannot be resolved through negotiation, facilitation or <br /> mediation, the Parties agree to submit the dispute to binding arbitration. Within ten (10) days <br /> after the date of receipt of a written notice requesting arbitration, the Parties involved in the <br /> dispute shall mutually select an arbitrator from a JAMS panel, or its successor. If any Party <br /> refuses or fails to participate in selecting an arbitrator or participate in the arbitration, the <br /> arbitrator selected by the other Parties is hereby authorized to render a decision. The arbitrator <br /> shall conduct a hearing or receive written presentations within thirty (30) days after selection. <br /> The arbitrator shall render a decision in writing promptly after submission of the dispute, but in <br /> no event later than ninety (90) days after appointment. The decision of the arbitrator shall be <br /> given to each Party in accordance with Section 6.1 of this Agreement. <br /> 6.2.3 The decision of the arbitrator shall be final, conclusive and binding on the <br /> Parties and the arbitrator shall have no power or authority to modify any of the provisions of this <br /> Agreement. The losing party in the arbitration as determined by the arbitrators shall bear the <br /> costs and expense of arbitration. The decision of the arbitrator may be entered as a judgment in a <br /> court of competent jurisdiction. All discovery shall be conducted in accordance with California <br /> Code of Civil Procedure Section 1283.05, or any successor statute. Except as provided in this <br /> Section 6.2, the arbitration shall be conducted in accordance with the applicable rules of JAMS. <br /> Any arbitration proceeding hereunder shall be conducted in the County in which the dispute <br /> arose. <br /> 6.3 Severability. <br /> If any provision of this Agreement shall be declared by an arbitrator or court of <br /> competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement <br /> shall not be affected and shall remain in full force and effect, and the Parties shall negotiate in <br /> good faith to replace such illegal, void or unenforceable provision with a provision that <br /> corresponds as closely as possible to the intentions of the Parties as expressed by such illegal, <br /> void or unenforceable provision. <br /> Smart OM - Version 2 . -14- <br />