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9. Confidentiality of Arbitration.
Except in connection with the enforcement of such award or as otherwise may be required by law, all
aspects of such arbitration proceeding will be held in strict confidence by the Parties and arbitrators and
shall not be disclosed to any third party without the prior written consent of the disclosing Party. The
parties agree that a breach of the terms of this confidentiality requirement will cause immediate and
irreparable harm to the disclosing party. As such, in addition to any other rights or remedies available at
law or in equity, the disclosing party is entitled to injunctive relief to restrain or enjoin such breach
without the need to prove actual damages.
Within sixty (60) days of the date of the decision and award of the arbitrators, the Parties agree to return
and/or destroy and provide certification of destruction of any confidential materials provided by the
other party during arbitration process. The arbitrators will also return and/or destroy and provide
certification of destruction of any confidential materials provided to them by the Parties during the
arbitration process. The Parties and their respective counsel are permitted to keep their own
confidential materials along with any attorney client privileged communications or attorney work
products.
10. Fees and Transcript of Arbitration.
The fees and expenses of each arbitrator and all other costs and expenses incurred in the arbitration,
including reasonable attorneys’ fees shall become due as specified in the arbitration award. The
arbitration award shall not include any punitive, exemplary, or other non-economic damage component.
A full and complete record and transcript of the arbitration proceeding shall be maintained. If either
Party desires a copy of the record and transcript, that Party shall bear the fees and expenses for the
record and transcript. If both Parties desire a copy then such fees and expenses will be equally shared
between the Parties.
11. Limitation of Other Proceedings.
Each Party agrees that it will not file, nor will it cause any other individual or entity to file, any suit,
motion, and petition or otherwise commence any legal proceeding which must be submitted to
arbitration pursuant to the Agreement. Upon the entry of an order dismissing or staying any such action
or proceeding in a court, the Party that filed such action or proceeding shall promptly pay to the other
Party the attorney’s fees, costs, and expenses incurred by such other Party prior to the entry of such
order.
