Common use of Arbitration/Mediation Clause in Contracts

Arbitration/Mediation. This IMA contains a mandatory arbitration clause. Excepting matters for injunctive relief, it is agreed that all controversies or disputes which may arise between Client and Advisor (and/or its Custodian, sub-advisors, or representatives), concerning any transaction or order, the construction, performance, or breach of IMA or any other IMA between Client and Advisor, whether entered into prior to, on, or subsequent to the date of this IMA, including any controversy concerning whether an issue is an arbitration claim, shall be settled by arbitration, unless unenforceable under applicable state or federal law. Any arbitration will be held in a metropolitan area of the state in which Client resides, unless otherwise agreed to by both parties. Any arbitration shall be conducted in accordance with the applicable rules of Complex Commercial Disputes of the American Arbitration Association (“AAA”). Judgment on any arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. Notwithstanding the foregoing, this binding arbitration clause in no way limits or affects the Client’s rights under the Investment Advisor’s Act or related state securities laws. With respect to controversies or disputes which may arise between Client and Advisor concerning matters involving alleged violations of applicable federal and state securities laws, breach of common law or statutory duty, this arbitration process does not constitute a waiver of any legal rights provided under the aforementioned laws, including the right to choose a forum, whether by arbitration or adjudication, in which to seek the resolution of disputes. This clause may not be enforceable in all jurisdiction. Parties may agree to mediation, which is voluntary and must be agreed upon post-dispute.