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R am <br />Any claim or controversy arising out of or relating to the Agreement, including any anticipatory breach or <br />disagreement as to interpretation of the Agreement, that is not resolved by the parties themselves or <br />through mediation, shall be settled by binding arbitration in a location agreed to by the both parties, <br />administered in accordance with the American Arbitration Association's Commercial Arbitration Rules, <br />including its Optional Rules for Emergency Measures of Protection. The arbitrator(s) shall decide all <br />discovery issues. Judgment on the award rendered' by the arbitrator(s) may be entered in any court <br />having jurisdiction. Neither party nor the arbitrator(s) may disclose the existence, content, or results of <br />any arbitration hereunder without the prior written consent of both parties. All fees and expenses of the <br />arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own <br />counsel, experts, witnesses, and preparation and presentation of proofs, except that the prevailing party <br />shall be entitled to an award of reasonable attorney's fees. <br />gflun•=� <br />The Agreement and any claim arising out of the Agreement shall be governed Iby and construed in <br />accordance with the laws of the State of Indiana, excluding its conflict of laws principles. <br />10.9 Provisions Severable <br />The provisions of these Terms and Conditions are severable. If any provision is held to be invalid, <br />unenforceable, or void, the remaining provisions, shall not as result be invalidated. <br />10.1,0 Entire Agreement <br />The Agreement and any present and future written amendments, constitutes the entire agreement and <br />understanding between the parties relatingto the object and scope, of the Agreement. Any <br />representation, statement, or warranty not expressly contained in the Agreement shall not be <br />enforceable by the parties. The Agreement may not be amended except by a writing that specifically <br />references the Agreement and' is signed by the parties. <br />South Bend Maximo Migration to MaaS Page 33 of 36 Confidential <br />