Common use of Arbitration; Venue Clause in Contracts

Arbitration; Venue. (a) Subject to the provisions of Section 11 hereof, any dispute, controversy or claim arising out of, relating to, or in connection with, this Agreement or the agreements or transactions contemplated hereby shall be finally settled by arbitration conducted in accordance with the provisions of this Section 16. The arbitrator shall be a retired judge or practicing attorney and the arbitration shall be conducted and the arbitrator chosen in accordance with the rules of the American Arbitration Association (the "AAA") in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties hereto (the "Parties"). If the Parties are unable to agree on the location of the arbitration within five (5) business days after the date of delivery of the request of arbitration, the Parties agree the arbitration will be conducted in Vancouver, Washington. Each Party hereby irrevocably submits to the jurisdiction of the arbitrator in Portland, Oregon and waives any defense in an arbitration based upon any claim that such Party is not subject personally to the jurisdiction of such arbitrator, that such arbitration is brought in an inconvenient forum or that such venue is improper.