Common use of Arbitration; Choice of Forum Clause in Contracts

Arbitration; Choice of Forum. Any dispute or claims under this Agreement will be resolved by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (”AAA”) or the Judicial Arbitration and Mediation Service (“JAMS”). The Seller and Plaza will agree upon one arbitrator from the AAA’s or JAMS’ list of commercial arbitrators. If the parties are unable to agree, then the arbitration service will be asked to assign an arbitrator to the dispute in accordance with its Rules. Arbitration will take place in San Diego, California. The parties will share all expenses for the arbitration services and the arbitrators. Arbitration will not affect any termination rights under this Agreement.

Arbitration; Choice of Forum. Any dispute or claims under this Agreement will be resolved by final and binding arbitration by a panel of three (3) arbitrators under the Commercial Arbitration Rules of the American Arbitration Association (”AAA”) or the Judicial Arbitration and Mediation Service (“JAMS”). The Seller and Plaza PHM will agree upon one arbitrator from the AAA’s or JAMS’ list of commercial arbitrators. If the parties are unable to agree, then the arbitration service will be asked to assign an arbitrator to the dispute in accordance with its Rules. Arbitration will take place in San Diego, California. The parties will share all expenses for the arbitration services and the arbitrators. Arbitration will not affect any termination rights under this Agreement.