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Any unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] shall be mediated in good faith by both parties prior to any party pursuing any other legal or equitable remedy under any forum whatsoever (a “Mediation”). All such Mediations shall be conducted through the platform provided by GEDR in accordance with its rules and procedures by one professional neutral with substantial experience in mediating and resolving commercial disputes (a “Neutral”). The Neutral shall be assigned from the appropriate list of Neutrals under the GEDR in accordance with the rules and procedures of the GEDR.
If and only if any such unresolved dispute or controversy arising from or relating to [these Terms // this Agreement] is not finally settled through a Mediation, such unresolved dispute or controversy shall be finally resolved by binding alternative dispute resolution through the GEDR in accordance with its rules and procedures by one Neutral. The Neutral shall be randomly selected from the appropriate list of Neutrals under the GEDR in accordance with the rules and procedures of the GEDR.
Each party will bear its own costs in respect of any disputes arising under this Agreement; provided, however, that the prevailing party may be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees and all other expenses) incurred in connection therewith, at the Neutral’s discretion. Each party shall pay one-half (1/2) of the GEDR’s fees charged in connection with the proceeding.