Common use of Mediation Clause in Contracts

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) : A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) . The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) . Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) . If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In At any step following the event Informal Discussion in the grievance process, the Union or Management may request mediation, by letter to the department’s personnel officer. Within ten (10) business days of any dispute arising under receipt of a request for mediation, the receiving party shall either return the request without action or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must request that the Employee Relations Board appoint a mediator. The Employee Relations Board shall attempt to resolve obtain the dispute through mediation in accordance with services of a mediator from the following terms State Mediation and conditions: (a) A party shall submit Conciliation Service. If a dispute State mediator is unavailable, Union and Management may jointly agree to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge Executive Director of the domain name systemEmployee Relations Board. Any mediator must confirm in writing that he or she is not, and will not become during the term The fees of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant shared equally by Union and Management. The primary effort of the mediator shall be to this Section 5.1(a). (b) assist the parties in settling the grievance in a mutually satisfactory fashion. The mediation procedure shall be informal, i.e., court reporters shall not be allowed, the rules of evidence shall not apply, and no formal record shall be made. The mediator shall determine whether witnesses are necessary in the conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the disputeproceedings. The mediation shall be treated as a If settlement discussion and shall therefore be confidential and may is not be used against either party in any later proceeding relating to the disputepossible, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed be requested to arbitration pursuant to Section 5.2 below. If provide the parties have not resolved with an immediate oral opinion as to how the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant grievance would be decided if it went to Section 5.1(a), the mediation arbitration. Such opinion shall automatically terminate (unless extended by be advisory only. Upon mutual agreement of the parties, the mediator may be requested to furnish such opinion in writing, along with a brief statement of the reasons for the opinion. Such opinion shall not be used during any subsequent arbitration. Notwithstanding the above, and Section 4.865 of the Employee Relations Ordinance, the parties may mutually agree to accept the opinion of the mediator as binding. If mediation does not resolve the issue, the grievant has ten (10) and business days to file an appeal to the dispute can then proceed to arbitration pursuant to Section 5.2 belownext level in the procedure.

Mediation. In the event of any dispute arising under or Except as provided in connection with this Agreement, before either the parties agree that neither will commence any civil action with respect to any dispute, claim or controversy arising out of or relating to this Agreement until the matter has been submitted to JAMS (00 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000, 212-751-2700), its successor, for mediation and that process has been completed. Either party may initiate arbitration pursuant commence mediation by providing to Section 5.2 belowJAMS and the other party a written request for mediation, ICANN and Registry Operator must attempt to resolve setting forth the subject of the dispute through mediation in accordance with and the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other partyrelief requested. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on to cooperate with JAMS and with one another in selecting a mediator within fifteen (15) calendar days from JAMS panel of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is notneutrals, and in scheduling the mediation proceedings. The parties covenant that they will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct participate in the mediation in accordance with the rules good faith, and procedures that he or she determines following consultation with the partiesthey will share equally in its costs. The parties shall discuss further agree that they will treat as confidential all offers, promises, conduct and statements, whether oral or written, made in the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution course of the disputemediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees. The mediation shall parties also agree that they will treat any such communications as privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable will not be treated rendered inadmissible or non-discoverable as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear result of its own costs use in the mediation. The parties shall share equally the fees and expenses of the mediator. Each Either party shall treat information received from the other party pursuant may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that is appropriately marked as confidential process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or forty-five (as required by Section 7.1545) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following after the date of filing the notice delivered pursuant to Section 5.1(a)written request for mediation, whichever occurs first. Mediation may continue after the mediation shall automatically terminate (unless extended commencement of a civil action, if the parties so desire. The provisions of this Article may be enforced by agreement any court of the parties) competent jurisdiction, and the dispute can then proceed party seeking enforcement will be entitled to arbitration pursuant an award of all costs, fees and expenses, including attorney’s fees, to Section 5.2 belowbe paid by the party against whom enforcement is ordered.

Mediation. In Pursuant to paragraph 2.1.3 of this Call Off Schedule 11, if a Dispute Notice is served, the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must Parties shall attempt to resolve the dispute through Dispute by way of mediation. The Parties may follow the CEDR's Model Mediation Procedure which is current at the time the Dispute Notice is served (or such other version as the Parties may agree) or a mediation procedure that is agreed between the Parties. If the Parties are unable to agree on the joint appointment of a Mediator within thirty (30) Working Days from service of the Dispute Notice then either Party may apply to CEDR to nominate the Mediator. If neither Party applies to CEDR to nominate the Mediator or an application to CEDR is unsuccessful under paragraph 4.2 of this Call Off Schedule 11, either Party may proceed to: hold further discussions between Senior Officers; or an Expert determination, as prescribed in paragraph 5 of this Call Off Schedule 11; or arbitration, as prescribed in paragraph 6 of this Call Off Schedule 11; or litigation in accordance with Clause 57 of this Call Off Contract (Governing Law and Jurisdiction). If the Parties are unable to reach a settlement in the negotiations at the mediation, and only if the Parties so request and the Mediator agrees, the Mediator shall produce for the Parties a non-binding recommendation on terms of settlement. This shall not attempt to anticipate what a court might order but shall set out what the Mediator suggests are appropriate settlement terms in all of the circumstances. Any settlement reached in the mediation shall not be legally binding until it has been reduced to writing and signed by, or on behalf of, the Parties (in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other partyVariation Procedure where appropriate). The mediation Mediator shall be conducted by a single mediator selected by assist the parties. If Parties in recording the parties cannot agree on a mediator within fifteen (15) calendar days outcome of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties costs of any mediation procedure used to resolve the Dispute under this paragraph 4 of this Call Off Schedule 11 shall share be shared equally between the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15Parties. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 5.1(b) below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (ai) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.15.1(a), the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a5.1(a)(i). (bii) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.25.1(b). The mediator may not testify for either party in any later proceeding relating to the dispute. (ciii) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information the confidential information of such other party in accordance with Section 7.15party. (div) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 5.1(b) below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a5.1(a)(i), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 5.1(b) below.

Mediation. In If the event of any dispute arising under or parties are unsuccessful in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the resolving their dispute through mediation good faith negotiation, the next step in accordance with the following terms and conditions: (a) A Dispute Resolution process is mediation. If a party elects to pursue mediation, the party shall submit serve a dispute to mediation by written notice requesting mediation (“Notice of Mediation”) on the other party within 10 calendar days after the informal negotiation phase is completed. Notice of Mediation shall be personally delivered or sent by prepaid registered airmail or overnight courier and shall be effective on receipt by the party to whom it is addressed. Notice to LifeVantage must be addressed and delivered to the other partyGeneral Counsel at the LifeVantage primary corporate offices in the United States. The mediation Notice of Mediation shall be conducted by dated and shall specify the claims or issues that will be subjected to mediation, including the requested remedies sought in the mediation. The parties shall have 10 days following the service of the Notice of Mediation to select a single mutually acceptable mediator. The mediator shall be selected by from the partiespanel of mediators that the parties mutually agree in writing is appropriate. If the parties cannot agree on a mutually acceptable mediator, they shall apply to JAMS (xxx.xxxxxxx.xxx) to have a neutral mediator appointed. If neither party timely requests mediation following the completion of the negotiation phase, the dispute shall be deemed resolved and no further action either via mediation, arbitration or litigation may be commenced without the agreement of both parties. Mediation shall be conducted within fifteen (15) 20 calendar days of delivery of written notice pursuant to this Section 5.1from the date on which the mediator is selected or appointed or as otherwise agreed upon by the parties and the mediator. Unless otherwise agreed upon by the parties, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable shall be closed no later than 30 calendar days following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge completion of the domain name system. Any meeting between the mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss agree to share equally the dispute in good faith and attempt, with costs of the mediator’s assistancefees and any other costs charged by mediator in connection with the mediation. Each party shall individually bear their own other costs associated with the mediation, including but not limited to reach an amicable resolution of the disputeattorneys’ fees, costs and travel expenses. The mediation shall be treated as a settlement discussion kept confidential and shall therefore be confidential and may not be used against either party admissible for any purpose in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputelegal proceeding. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event of any 13.1.1 If a dispute arising under or in connection with this Agreement, before either party may initiate arbitration is not resolved pursuant to Section 5.2 belowArticle 9.1, ICANN and Registry Operator must the Parties shall attempt to resolve the dispute through mediation in accordance with the following terms and conditions:this Article 13.1. (a) 13.1.2 A party Party shall submit a dispute to mediation by written notice to the other partyParty (“Mediation Notice” and the date that the Dispute Notice is delivered to the aggrieving Party, the “Mediation Notice Date”). The mediation shall be conducted by a single mediator selected by the partiesParties. If the parties Parties cannot agree on a mediator within fifteen twenty (1520) calendar days of delivery of written notice pursuant to this Section 5.1the Mediation Notice Date, the parties Parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediatormediator who has a technical and legal or judicial background, who is a licensed attorney familiarity with general knowledge application of California contract law, has no ongoing business relationship law and experience with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name systemInternet industry and Internet governance. Any The mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, consultant, advisor or security holder of ICANN or Registry Operatorany of the Parties. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a)Article 13.1. (b) 13.1.3 The mediator shall conduct the mediation in accordance with the rules and procedures that he or she the mediator determines following consultation with the partiesParties. The parties Parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable a mutually agreeable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party Party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeArticle 13. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration Any Dispute not resolved pursuant to Section 5.2 below7.1 shall, ICANN and Registry Operator must attempt at the written request of any applicable Party (a “Mediation Request”), be submitted to resolve the dispute through nonbinding mediation in accordance with the following terms International Institute for Conflict Prevention and conditions: Resolution (a“CPR”) A party Mediation Procedure then in effect, except as modified herein. The mediation shall submit be held in New York, New York or such other place as the applicable Parties may mutually agree. The applicable Parties shall have twenty (20) days from receipt by a dispute Party of a Mediation Request to mediation agree on a mediator. If no mediator has been agreed upon by the applicable Parties within twenty (20) days of receipt by a Party of a Mediation Request, then any applicable Party may request (on written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on applicable Parties) that CPR appoint a mediator within fifteen (15) calendar days of delivery of written notice in accordance with the CPR Mediation Procedure. All mediation pursuant to this Section 5.17.2 shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and no oral or documentary representations made by the applicable Parties during such mediation shall be admissible for any purpose in any subsequent proceedings. No Party shall disclose or permit the disclosure of any Information about the evidence adduced or the documents produced by another Party in the mediation proceedings or about the existence, contents or results of the mediation without the prior written consent of such other applicable Party, except in the course of a judicial or regulatory proceeding or as may be required by Law or securities exchange rules or requested by a Governmental Authority or securities exchange. Before making any disclosure permitted by the preceding sentence, the parties will promptly select a mutually acceptable mediation provider entity, which entity Party intending to make such disclosure shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate reasonably practicable, give the particular dispute, general knowledge other applicable Party reasonable written notice of the domain name systemintended disclosure and afford such other Party a reasonable opportunity to protect its interests. Any If the Dispute has not been resolved within the earlier of sixty (60) days after the appointment of a mediator must confirm or ninety (90) days after receipt by a Party of a Mediation Request, or within such longer period as the applicable Parties may agree to in writing that he or she is notwriting, and will not become during the term any of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by applicable Parties may submit the appointed mediator, then a replacement mediator shall be appointed pursuant Dispute to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any binding arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation 7.3; provided, that if one applicable Party fails to participate in the mediation but have not resolved for thirty (30) days after the dispute for any reasonappointment of a mediator, either party or the mediator other applicable Parties may terminate commence arbitration in accordance with Section 7.3 prior to the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date expiration of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowtime periods set forth above.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 5.1(b) below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (ai) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party law and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (bii) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.25.1(b). The mediator may not testify for either party in any later proceeding relating to the dispute. (ciii) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (div) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 5.1(b) below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 5.1(b) below.

Mediation. In At any step following the event Informal Discussion in the grievance process, the Union or Management may request mediation, by letter to the department’s personnel officer or designated Union representative. Within 10 business days of any dispute arising under receipt of a request for mediation, the receiving party shall either return the request without action or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must request that the Employee Relations Board appoint a mediator. The Employee Relations Board shall attempt to resolve obtain the dispute through mediation in accordance with services of a mediator from the following terms State Mediation and conditions: (a) A party shall submit Conciliation Service. If a dispute State mediator is unavailable, Union and Management may jointly agree to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge Executive Director of the domain name systemEmployee Relations Board. Any mediator must confirm in writing that he or she is not, and will not become during the term The fees of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant shared equally by Union and Management. The primary effort of the mediator shall be to this Section 5.1(a). (b) assist the parties in settling the grievance in a mutually satisfactory fashion. The mediation procedure shall be informal, i.e., court reporters shall not be allowed, the rules of evidence shall not apply, and no formal record shall be made. The mediator shall determine whether witnesses are necessary in the conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the disputeproceedings. The mediation shall be treated as a If settlement discussion and shall therefore be confidential and may is not be used against either party in any later proceeding relating to the disputepossible, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed be requested to arbitration pursuant to Section 5.2 below. If provide the parties have not resolved with an immediate oral opinion as to how the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant grievance would be decided if it went to Section 5.1(a), the mediation arbitration. Such opinion shall automatically terminate (unless extended by be advisory only. Upon mutual agreement of the parties) , the mediator may be requested to furnish such opinion in writing, along with a brief statement of the reasons for the opinion. Such opinion shall not be used during any subsequent arbitration. Notwithstanding the above, and Section 4.865 of the dispute can then proceed Employee Relations Ordinance, the parties may mutually agree to arbitration pursuant accept the opinion of the mediator as binding. If mediation does not resolve the issue, the grievant has 10 business days to Section 5.2 belowfile an appeal to the next level in the procedure.

Mediation. (1) The City and the Union shall agree on a roster of three (3) job evaluation mediators who will be selected to mediate any job description and/or job rating disputes between the parties in rotation. The mediator so selected shall, upon receipt of written notification from either party requesting mediation, schedule a mediation date within seventy-five (75) days of receipt of such notification for the purpose of meeting with the parties in an attempt to resolve any outstanding dispute between them relative to the job description and/or job rating. The mediator shall be selected by rotation in the order they appear on the Roster provided that in the event any mediator cannot schedule such mediation date within the required time limit or a mediator is no longer available to mediate, such mediator shall be by-passed in favour of the next mediator on the list of roster of mediators until one is selected who is available within the required time limits. Nothing herein shall preclude the parties from agreeing (in writing) to alter the order of selection of a mediator as set forth above. (2) Except with the written agreement of the parties, no mediation session for any single dispute shall exceed one regular work day and every effort will be made to schedule sufficient disputes before the mediator so as to ensure a full working day of mediation occurs. (3) Each party shall provide the mediator and the other party with a copy of their proposed Job Description and Rating for the job at least ten (10) days prior to the day scheduled for the mediation session. (4) Should the parties reach agreement on the job description and the job rating as a result of the mediation process, the terms of such agreement will be recorded in writing, and the job will be considered to have been finally installed on the basis of such agreement effective on the date of such agreement. (5) In such event, the job shall be re-assigned to the appropriate wage grade in accordance with Article VI, and the assignment shall become effective from the date such agreement was made at mediation. (6) In the event the parties are unable to reach an agreement on the Job Description and Rating in mediation, the mediator shall, within five (5) days of completion of mediation, provide to the parties a recommendation for disposition of any job description and job rating dispute arising under then remaining outstanding together with a statement of the parties’ last positions advanced at the end of mediation relative to the appropriate job description and factor levels to be assigned for each factor in dispute. The recommendation shall set forth a job description and the factor level recommended for each factor in dispute and may adopt the City’s position or the Union’s position or a position proposed by neither the City nor the Union for the job description and each factor in connection with this Agreementdispute. Within five (5) days of receipt of the mediator’s recommendation, before either party may initiate arbitration pursuant the parties shall notify each other in writing of acceptance or rejection of the mediator’s recommendation. A failure to Section 5.2 belownotify within the aforesaid time limits shall be deemed to constitute a rejection of the recommendation. Where the Union and the City each accept the recommendation, ICANN the job shall be deemed to have been installed on the day of the mediator’s recommendation and Registry Operator must attempt the job shall be re-assigned to resolve the dispute through mediation appropriate Wage Grade in accordance with Article 6, with such assignment becoming effective from the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days aforesaid date of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a)installation. (b7) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as issue a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating written certification to the disputeparties that mediation has been held and completed and specifying the date agreement on all outstanding issues was reached at mediation, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to if such is the disputecase. (c) Each party shall bear its own costs in the mediation. 8) The parties shall share equally the fees and expenses cost of the mediator. Each party mediator shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason be shared equally by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event The mediation of any dispute arising under or an unresolved Dispute shall be conducted in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditionsmanner: (a) A party shall Either Party may submit a dispute the Dispute to mediation by written giving notice of mediation to the other partyParty. The Parties shall attempt to agree promptly after that notice is given upon and appoint a sole mediator who has the Qualifications. (b) If the Parties are unable to agree upon a mediator within [TEXT OMITTED - CONFIDENTIAL TREATMENT REQUESTED] after the date the Dispute is submitted to mediation, either Party may request the Dallas, Texas office of the AAA to appoint a mediator who has the Qualifications. The mediator so appointed shall be deemed to have the Qualifications and to be accepted by the Parties. (c) The mediation shall be conducted in Dallas, Texas at a place and a time agreed by the Parties with the mediator, or if the Parties cannot agree, as designated by the mediator. The mediation shall be conducted by a single held within [TEXT OMITTED - CONFIDENTIAL TREATMENT REQUESTED] after the mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15appointed. (d) If either Party has substantial need for information from the parties have engaged other Party in good faith participation order to prepare for the mediation, the Parties shall attempt to agree on procedures for the formal exchange of information; if the Parties cannot agree, the mediator's determination shall be effective. (e) Each Party shall be represented in the mediation but have not resolved by a natural person with authority to settle the dispute Dispute on behalf of that Party and, if desired by that Party, by counsel for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 belowthat Party. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), The Parties' representatives in the mediation shall automatically terminate continue with the mediation as long as the mediator requests. (unless extended f) Unless otherwise agreed by agreement the Parties, each Party shall pay one-half of the parties) mediator's fees and expenses and shall bear all of its own expenses in connection with the dispute can then proceed to arbitration pursuant to Section 5.2 belowmediation. Neither Party may employ or use the mediator as a witness, consultant, expert, or counsel regarding the Dispute or any related matters.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration Any Dispute not resolved pursuant to Section 5.2 below7.1 shall, ICANN and Registry Operator must attempt at the written request of a Party (a “Mediation Request”), be submitted to resolve the dispute through nonbinding mediation in accordance with the following terms and conditions: then-current JAMS procedures, except as modified herein. The mediation shall be held in such place as the Parties may mutually agree in writing. The Parties shall have twenty (a20) A days from receipt by a Party of a Mediation Request to agree on a mediator from the JAMS panel. If no mediator has been agreed upon by the Parties within twenty (20) days of receipt by a party shall submit of a dispute to mediation by Mediation Request, then a Party may request (on written notice to the other partyParty), that JAMS appoint a mediator in accordance with the then current JAMS procedures from mediators on the JAMS panel. The All mediation pursuant to this clause shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence, and no oral or documentary representations made by the Parties during such mediation shall be conducted admissible for any purpose in any subsequent proceedings. No Party shall disclose or permit the disclosure of any information about the evidence adduced or the documents produced by the other Party in the mediation proceedings or about the existence, contents or results of the mediation without the prior written consent of such other Party, except in the course of a judicial or regulatory proceeding or as may be required by Law or requested by a single mediator selected Governmental Authority or securities exchange. Before making any disclosure permitted by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1preceding sentence, the parties will promptly select a mutually acceptable mediation provider entity, which entity Party intending to make such disclosure shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate reasonably practicable, give the particular dispute, general knowledge other Party reasonable written notice of the domain name system. Any mediator must confirm in writing that he or she is not, intended disclosure and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from afford the other party pursuant a reasonable opportunity to protect its interests. If the mediation that is appropriately marked Dispute has not been resolved within sixty (60) days of the appointment of a mediator, or within ninety (90) days after receipt by a Party of a Mediation Request (whichever occurs sooner), or within such longer period as confidential (as required by Section 7.15) as Confidential Information of such other party the Parties may agree to in writing, then the Dispute shall be submitted to binding arbitration in accordance with Section 7.157.3. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In To the event fullest extent permitted by applicable law, if a dispute or potential dispute arises out of any dispute arising under or in connection with relates to this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve if the dispute cannot be settled through mediation in accordance with negotiation, then, before resorting such remedies as may be available to them, the following terms and conditions: (a) A party dispute shall submit a dispute be referred to mediation at the request of either Party. The Parties shall retain a mediator to aid the Parties in their discussions and negotiations by written notice informally providing advice to the other partyParties. The mediation shall If a mediator cannot be conducted by a single mediator selected agreed upon by the parties. If Parties within ten (10) days after the parties cannot agree on a mediator within fifteen date that is thirty (1530) calendar days of following delivery of written notice pursuant to this Section 5.1the request for mediation, then each of the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate Parties shall nominate a mediator, and those two mediators will select a third mediator who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to shall act as the extent necessary to mediate the particular mediator for such dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided opinion expressed by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion strictly advisory and shall therefore be confidential and may not be used against either party binding on the Parties, nor shall any opinion expressed by the mediator be admissible in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2other proceeding. The mediator may not testify for either party in any later proceeding relating to be chosen from a list of mediators previously selected by the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses Parties or by other agreement of the mediatorParties. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information Costs of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended be borne equally by agreement the Parties, except that each of the partiesParties shall be responsible for its own expenses. Mediation efforts shall terminate at the request of either of the Parties given no earlier than sixty (60) days after the selection of the first mediator. The requirement for mediation shall terminate as to any dispute or potential dispute if a Party shall give to the other Party a notice stating that its position on the dispute or potential dispute is firm and the other Party does not respond with a request for mediation within three (3) days of its receipt of the notice. The foregoing notwithstanding, (a) compliance with this Section shall only be a prerequisite to the initiation of litigation or the giving by a Party of optional notice of termination of this Agreement, and (b) this Section shall cease to apply to any dispute can then proceed if a Party fails to arbitration pursuant nominate a mediator within ten (10) Business Days of being required to Section 5.2 belowdo so, or the two mediators fail to select the third mediator within ten (10) Business Days of being required to do so.

Mediation. In 4.1 If the event Dispute cannot be resolved by negotiation, the Dispute shall be referred to Mediation pursuant to the procedure set out below unless any Party, acting reasonably, considers that the Dispute is not suitable for mediation. 4.2 For the avoidance of doubt, nothing in this Schedule shall be taken to exclude or limit the rights of any dispute arising Party to make such applications (including but not limited to applications as to costs) as it sees fit in any proceedings, relating to the conduct of the other Party and in particular, any decision made under or in connection with this Agreement, before either party may initiate arbitration pursuant paragraph 4.1 above. 4.3 The procedure for mediation and consequential provisions relating to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditionsare as follows: (a) A party a neutral mediator (“the Mediator”) shall submit be chosen by agreement between the Parties or, if they are unable to agree upon a dispute to mediation by written notice Mediator within 10 Days after a request from one Party to the other party. The or if the Mediator agreed upon is unable or unwilling to act, either Party may apply to the Centre for Effective Dispute Resolution and Mediation (“CEDR”) to appoint a Mediator and the mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he of the CEDR. If the CEDR is unable or she determines following consultation unwilling to nominate a Mediator then any Party may (subject to obtaining the consent of the other(s)) approach an alternative reputable mediation body; (b) the Parties shall within 10 Days of the Mediator’s appointment meet with the partiesMediator to discuss and agree a programme for the exchange of all relevant information and the procedure to be adopted for the mediation. The parties shall discuss Either Party may ask the dispute in good faith and attempt, with the mediator’s assistance, Mediator to reach an amicable give guidance on a suitable programme for information exchange and/or mediation procedure. 4.4 If Mediation fails to achieve a resolution of the disputedispute or any part of it, any Party may ask the Mediator to provide a non-binding but informative opinion in writing. The mediation Such an opinion shall be treated as provided on a settlement discussion without prejudice basis and shall therefore be confidential and may not be used against either party in evidence in any later proceeding proceedings relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to Dispute without the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses prior written consent of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15other(s). (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In Any Dispute that is not resolved pursuant to Section 18.1 within thirty (30) days after the Dispute notice was given may be submitted for mediation by either Party before a single mediator in accordance with the provisions contained herein and in accordance with the Commercial Mediation Procedures of the AAA in effect at the time of the mediation (“AAA Procedures”); provided, however, that in the event of any dispute arising under conflict between the procedures herein and the AAA Procedures the procedures herein shall control. The mediator will be named by mutual agreement of the Parties or by obtaining a list of five (5) qualified Persons from each of the Parties and alternately striking names. All mediation shall be administered by the AAA. All mediation shall take place in connection the City of Portland, Oregon, unless otherwise agreed to by the Parties. Each Party shall be required to exchange documents to be used in the mediation not less than five (5) Business Days prior to the mediation. The Parties shall use all commercially reasonable efforts to conclude the mediation as soon as practicable. All aspects of the mediation shall be treated as confidential. Neither the Parties nor any mediator may disclose the content or results of the mediation, except as necessary to comply with this Agreementlegal, before either party may initiate arbitration pursuant to Section 5.2 belowaudit or regulatory requirements. Before making any such disclosure, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party a Party shall submit a dispute to mediation by give written notice to the other partyParty and shall afford such Party a reasonable opportunity to protect its interests. The mediation Each Party shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days responsible for its own expenses and one-half of delivery of written notice pursuant any mediation expenses incurred to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of resolve the dispute. The mediator will provide the Parties with a fee and expense schedule in advance of mediation. Mediation will terminate by: (a) written agreement signed by both Parties, (b) determination by the mediator that the Parties are at an unresolvable impasse, (c) two unexcused absences by either Party from the mediation shall be treated sessions, or (d) failure to resolve the Dispute on or before the sixtieth (60th) day after the date on which the notice of Dispute was given (unless the Parties otherwise agree in writing to extend such date). The mediator will never participate in any claim or controversy covered by this Article as a settlement discussion and shall therefore be confidential witness, collateral contract, or attorney and may not be used against either party called as a witness to testify in any later proceeding relating to involving the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputesubject matter of mediation. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event of any dispute arising under or in connection with this AgreementAgreement (including any Event Activation Order), before either party may initiate arbitration request to resolve the dispute through mediation prior to initiating arbitration. The requesting party shall send a written notice of its desire to use mediation (pursuant to the notice requirements of Section 5.2 below6.7) and if the other party sends an approval of such request within 10 business days of receipt of the request, then ICANN and Registry Operator must EBERO Service Provider shall attempt to resolve the dispute through mediation in accordance with the following terms and conditions:conditions below. If the non-requesting party does not approve using mediation, then the dispute can then proceed to arbitration pursuant to Section 4.2 below. (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.14.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party law and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry OperatorEBERO Service Provider. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a4.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.24.2. The mediator may not testify for or against either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked or otherwise designated in writing as confidential (as required by Section 7.156.12) as Confidential Information of such other party in accordance with Section 7.156.12. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 4.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a4.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 4.2 below.

Mediation. In the event of any dispute arising under or (a) Except as provided otherwise in connection with this Agreement, before either party if the Dispute has not been resolved by negotiation as provided in Section 10.2 within thirty (30) days of the date of the Escalation Notice or such extended period as may initiate arbitration pursuant be agreed by the Parties, or should the Parties fail to Section 5.2 belowmeet within the said thirty-day period, ICANN and Registry Operator must attempt the Parties shall endeavour to resolve settle the dispute through mediation in accordance with the following terms and conditions: (a) A party shall submit Dispute by mediation. The Party wishing to refer a dispute Dispute to mediation by shall give written notice to the other party. The (the “Mediation Notice”) describing the Dispute, requiring that the Dispute be submitted to mediation shall and proposing the name of a suitable person to be conducted by a single mediator selected by the parties. appointed mediator. (b) If the parties cannot other Party rejects the proposed mediator and the Parties are unable to agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1the Mediation Notice, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate then either Party may request that CEDR Solve appoint a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) The mediator shall be entitled to make recommendations to the Parties which, unless the Parties agree otherwise, shall not be binding upon them. (d) The mediation shall continue until the earliest to occur of the following: (i) the Parties reach agreement as to the resolution of the Dispute, (ii) the mediator makes a finding that there is no possibility of resolution through mediation, or (iii) thirty (30) days have elapsed since the appointment of the mediator. (e) Each party Party shall bear its own costs in connection with the mediation. The parties shall share equally ; the fees and expenses disbursements of the mediator. Each party mediator shall treat information received from be borne equally by the other party pursuant Parties. (f) If the Parties accept any recommendation made by the mediator or otherwise reach agreement as to the resolution of the Dispute, such agreement shall be recorded in writing and signed by the Parties, whereupon it shall become binding upon the Parties and have, as between them, the authority of a final judgment or arbitral award (res judicata). (g) The mediation that is appropriately marked shall be confidential and neither the Parties (including their auditors and insurers) nor their counsel and any Person necessary to the conduct of the mediation nor the mediator or any other neutral involved in the mediation shall disclose the existence, content (including submissions made, positions adopted and any evidence or documents presented or exchanged), or outcome of any mediation hereunder without the prior written consent of the Parties, except as confidential (as may be required by Section 7.15Applicable Law or the applicable rules of a stock exchange and except for disclosures to other members of its Group or its Group’s Representatives. (h) as Confidential Information of such other party In the event that a Dispute is referred to arbitration in accordance with Section 7.1510.4 below, the mediator or any other neutral involved in the mediation shall not take part in the arbitration, whether as a witness or otherwise, and any recommendation made by him in connection with the mediation shall not be relied upon by either Party without the consent of the other Party and of the mediator or neutral, and neither Party shall make use of or rely upon information supplied, positions adopted, or arguments raised, by the other Party in the mediation (except to the extent such information, positions or arguments are supplied or raised in connection with the arbitration proceedings). (di) If Subject to the parties have engaged right of the Parties to seek interim or conservatory relief from a court of competent jurisdiction, as provided below in good faith participation in the mediation but have not resolved Section 10.4(e), neither Party shall be entitled to refer a Dispute to arbitration unless the dispute for any reason, either party or has first been the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date subject of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowan Escalation Notice.

Mediation. In ‌ If a claim made by the event Association or teacher of a violation, misinterpretation or misapplication of this Agreement has not been satisfactorily resolved at any dispute arising under or in connection with this AgreementStep of the grievance procedure, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through present a written request for mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. Upon receipt of the request, the receiving party shall respond in writing to the requesting party within five (5) days of receipt. (1) The mediation shall be conducted by Hawaiʻi State Department of Education (DOE) and the Association or teacher must mutually agree to submit a single mediator selected by the partiesgrievance to mediation. If the parties cannot agree on to submit a mediator within fifteen (15) calendar days of delivery of written notice pursuant grievance to this Section 5.1mediation, the parties will promptly select a mutually acceptable time lines and procedures contained in this Agreement shall be suspended for no more than ten (10) days to accommodate the mediation provider entity, which entity shall, as soon as practicable process. (2) Within five (5) days following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary agreement by the DOE and the Association to mediate the particular disputegrievance, general knowledge the respective parties shall appoint a joint mediation team composed of the domain name systemone (1) DOE representative and one (1) Association representative. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator No mediation team shall be appointed pursuant to this Section 5.1(a)directly involved in representational matters within the district in which the grievance arose. (b3) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15mediation. (d4) If The grievant shall have the parties have engaged in good faith participation in right to be present at the mediation session(s). (5) The mediators shall have the authority to caucus separately with either party, but shall not have not resolved the dispute for any reason, either party or authority to compel the mediator may terminate the resolution of a grievance. The mediation at any time and the dispute can then proceed process shall be limited to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety five (905) calendar days following from the date of selection, unless both parties mutually agree to extend this limit. (6) Proceedings before the notice delivered pursuant mediators shall be informal in nature. There shall be no formal rules of evidence, no transcript or any formal record of the conference(s) or meeting(s). The mediators shall be instructed not to Section 5.1(a)make public any information relating to or arising from the mediation process. (7) If no settlement is reached in mediation within the specified time limit, the mediation Association or teacher shall automatically terminate (unless extended by agreement notify the DOE of its intent to proceed with the next step of the parties) grievance procedure and the dispute can then proceed grievance timeline shall be reinstated. (8) In the event that a mediated grievance is appealed to arbitration pursuant the next step or arbitration, there shall be no reference to Section 5.2 belowthe fact that a mediation conference was or was not held.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party If the Dispute has not been resolved by negotiation as provided in Section 7.2 within thirty (30) days of the date of the Escalation Notice or such extended period as may be agreed by the Parties, or should the Parties fail to meet within the said thirty-day period, the Parties shall submit endeavour to settle the Dispute by mediation. The Party wishing to refer a dispute Dispute to mediation by shall give written notice to the other party. The (the “Mediation Notice”) describing the Dispute, requiring that the Dispute be submitted to mediation shall and proposing the name of a suitable person to be conducted by a single mediator selected by the parties. appointed mediator. (b) If the parties cannot other Party rejects the proposed mediator and the Parties are unable to agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediatorMediation Notice, then either Party may request the CPR Institute for Dispute Resolution to appoint a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct from the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution CPR Panel of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeDistinguished Neutrals. (c) The mediator shall be entitled to make recommendations to the Parties which, unless the Parties agree otherwise, shall not be binding upon them. (d) The mediation shall continue until the earliest to occur of the following: (i) the Parties reach agreement as to the resolution of the Dispute, (ii) the mediator makes a finding that there is no possibility of resolution through mediation, or (iii) sixty (60) days have elapsed since the appointment of the mediator. (e) Each party Party shall bear its own costs in connection with the mediation. The parties shall share equally ; the fees and expenses disbursements of the mediator. Each party mediator shall treat information received from be borne equally by the other party pursuant Parties. (f) If the Parties accept any recommendation made by the mediator or otherwise reach agreement as to the resolution of the Dispute, such agreement shall be recorded in writing and signed by the Parties, whereupon it shall become binding upon the Parties and have, as between them, the authority of a final judgment or arbitral award (res judicata). (g) The mediation that is appropriately marked shall be confidential and neither the Parties (including their auditors and insurers) nor their counsel and any Person necessary to the conduct of the mediation nor the mediator or any other neutral involved in the mediation shall disclose the existence, content (including submissions made, positions adopted and any evidence or documents presented or exchanged), or outcome of any mediation hereunder without the prior written consent of the Parties, except as confidential (as may be required by Section 7.15Applicable Law or the applicable rules of a stock exchange. (h) as Confidential Information of such other party In the event that a Dispute is referred to arbitration in accordance with Section 7.157.4 below, the mediator or any other neutral involved in the mediation shall not take part in the arbitration, whether as a witness or otherwise, and any recommendation made by him in connection with the mediation shall not be relied upon by either Party without the consent of the other Party and of the mediator or neutral, and neither Party shall make use of or rely upon information supplied, positions adopted, or arguments raised, by the other Party in the mediation. (di) If Subject to the parties have engaged right of the Parties to seek interim or conservatory relief from a court of competent jurisdiction, as provided below in good faith participation in the mediation but have not resolved Section 7.4 (e) neither Party shall be entitled to refer a Dispute to arbitration unless the dispute for any reason, either party or has first been the mediator may terminate the subject of an Escalation Notice and been referred to mediation at any time in accordance with Sections 7.2 and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below7.3.

Mediation. In the event of a) Except as provided in subdivision e), County and Lessee agree to submit to non-binding mediation any dispute arising under out of a claim by a party that the other party has breached one or in connection with more sections of this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions:. (ab) A party shall submit must provide notice of a dispute to written request for mediation by written notice to the other party within 14 calendar days of the date on which notice of a breach or default is deemed given under this Agreement. Failure to provide notice of a written request for mediation as required by this section thereby waives any right to request mediation. c) Upon a party’s request for mediation, the parties must select a mediator. The mediation shall be conducted by Neither party may unreasonably withhold its consent to the selection of a single mediator selected by the partiesmediator. If the parties cannot are unable to agree on upon a mediator, each party must designate a person to select a mediator, and the parties’ designated persons must then select a mediator. The parties must select a mediator within fifteen (15) 14 calendar days after notice of delivery a request for mediation was received. Mediation fees, if any, must be divided equally among the parties. d) Upon expiration of written any applicable 30-day notice pursuant to this Section 5.1cure, the parties a party may file a court or administrative complaint, but any pending court or administrative action will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is notbe stayed, and the applicable statute of limitations will not become during be tolled, until the term earlier of either: (i) completion of the mediation, an employee, partner, executive officer, director, ; or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (bii) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by 75 calendar days after the date that is ninety (90) calendar days following the date on which notice of the notice delivered pursuant to Section 5.1(a)a breach or default was deemed given, the mediation shall automatically terminate (unless which may be extended by mutual agreement of the parties. e) The following matters are excluded from mediation: i) An unlawful detainer action alleging a default described in section 39(b) of this Agreement or nonpayment of rent; ii) Any dispute related to permitted uses of the hangar arising out of section 4 of this Agreement; iii) Any dispute related to hazardous materials and hazardous work, arising out of section 33 of this Agreement; iv) The filing or enforcement of a mechanic’s lien or other lien against Lessee’s personal property; v) An action by County to remove a lien on the Premises; vi) Any matter within the jurisdiction of a probate, small claims, or bankruptcy court; vii) An action to obtain an order of attachment, receivership, injunction, or other provisional remedy; and viii) Any dispute can then proceed related to arbitration pursuant to Section 5.2 belowan emergency, violent act, or criminal activity that jeopardizes the Airport, people, or property thereon, including, but not limited to, a restraining order.

Mediation. In Except for the event right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any dispute and all disputes arising under or out of this Agreement which the parties themselves are unable to resolve within 60 days after such dispute arises shall, at the option of either party, be mediated in connection good faith. The party seeking mediation of such dispute shall promptly advise the other party of such dispute in a writing which describes in reasonable detail the nature of such dispute and which shall state that party's desire to initiate mediation thereof. By not later than 10 business days after the recipient has received such written notice of dispute, each party shall have selected for itself a representative who shall participate in such mediation, and shall additionally have advised the other party in writing of the name of such representative. By not later than 15 business days after the written notice of dispute has been received, such representatives shall schedule a date for a mediation hearing with this Agreementa mutually agreeable mediator. The parties shall enter into good faith mediation and shall share the costs equally. If the representatives of the parties have not been able to schedule a date for a mediation hearing with a mutually agreeable mediator within fifteen days after receipt of a written notice of the dispute, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt or if the representatives of the parties have not been able to resolve the dispute through within 15 business days after such mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1hearing, the parties will promptly select shall have the right to pursue any other remedies legally available to resolve such dispute in a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge court of contract law, has no ongoing business relationship with either party and, competent jurisdiction. This provision shall not be construed to the extent necessary waive any rights or timely performance of any obligations existing under this Agreement. The option to mediate provided for in this mediation clause shall terminate upon the particular dispute, general knowledge expiration or termination of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a)Agreement. (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In To the event fullest extent permitted by applicable law, if a dispute or potential dispute arises out of any dispute arising under or in connection with relates to this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve if the dispute cannot be settled through mediation in accordance with negotiation, then, before resorting such remedies as may be available to them, the following terms and conditions: (a) A party dispute shall submit a dispute be referred to mediation at the request of either Party. The Parties shall retain a mediator to aid the Parties in their discussions and negotiations by written notice informally providing advice to the other partyParties. The mediation shall If a mediator cannot be conducted by a single mediator selected agreed upon by the parties. If Parties within ten (10) days after the parties cannot agree on a mediator within fifteen date that is thirty (1530) calendar days of following delivery of written notice pursuant to this Section 5.1the request for mediation, then each of the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate Parties shall nominate a mediator, and those two mediators will select a third mediator who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to shall act as the extent necessary to mediate the particular mediator for such dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided opinion expressed by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion strictly advisory and shall therefore be confidential and may not be used against either party binding on the Parties, nor shall any opinion expressed by the mediator be admissible in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2other proceeding. The mediator may not testify for either party in any later proceeding relating to be chosen from a list of mediators previously selected by the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses Parties or by other agreement of the mediatorParties. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information Costs of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended be borne equally by agreement the Parties, except that each of the partiesParties shall be responsible for its own expenses. Mediation efforts shall terminate at the request of either of the Parties given no earlier than sixty (60) days after the selection of the first mediator. The requirement for mediation shall earlier terminate as to any dispute or potential dispute if a Party shall give to the other Party a notice stating that its position on the dispute or potential dispute is firm and the other Party does not respond with a request for mediation within three (3) days of its receipt of the notice. The foregoing notwithstanding, (a) compliance with this Section shall only be a prerequisite to the initiation of litigation or the giving by a Party of optional notice of termination of this Agreement, and (b) this Section shall cease to apply to any dispute can then proceed if a Party fails to arbitration pursuant nominate a mediator within ten (10) Business Days of being required to Section 5.2 belowdo so, or the two mediators fail to select the third mediator within ten (10) Business Days of being required to do so.

Mediation. In the event of any dispute arising under or in connection with this AgreementAgreement (including any Event Activation Order), before either party may initiate arbitration pursuant to Section 5.2 4.2 below, ICANN and Registry Operator EBERO Service Provider must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.14.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party law and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry OperatorEBERO Service Provider. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a4.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.24.2. The mediator may not testify for or against either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked or otherwise designated in writing as confidential (as required by Section 7.156.13) as Confidential Information of such other party in accordance with Section 7.156.13. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can will then proceed to arbitration pursuant to Section 5.2 4.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a4.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can will then proceed to arbitration pursuant to Section 5.2 4.2 below.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve If the dispute through mediation has not been resolved by negotiation in accordance with Section 11.5(a), then the following terms and conditions: (a) A party parties shall submit a dispute proceed to mediation by written notice unless the parties at the time of the dispute agree to a different timeframe. A “Notice of Mediation” shall be served, signifying that the other partyNegotiation was not successful and to commence the mediation process. The parties shall agree on a mediator; however, if they cannot agree within fourteen (14) calendar days then Customer and Consultant shall each select a mediator and such mediators shall together unanimously select a neutral mediator who shall conduct the mediation. The mediation session shall be conducted by held within forty-five (45) days of the retention of the mediator, and last for at least one (1) full mediation day, before any party has the option to withdraw from the process. The parties may agree to continue the mediation process beyond one (1) day, until there is a single settlement agreement, or the mediator selected by the parties. If the parties states that there is no reason to continue because of an impasse that cannot agree on be overcome and sends a mediator “notice of termination of mediation.” All reasonable efforts will be made to complete the mediation within fifteen thirty (1530) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable first mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to session. During the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term course of the mediation, an employee, partner, executive officer, director, no party can assert the failure to fully comply with Section 11.5(a) as a reason not to proceed or security holder to delay the mediation. The service of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator Notice of Mediation shall be appointed pursuant to this Section 5.1(a). stay the running of any applicable statute of limitations regarding the Dispute until thirty (b30) The mediator shall conduct days after the parties agree that the mediation in accordance with is concluded or the rules mediator issues a Notice of Impasse. Each side shall bear an equal share of the mediation costs unless the parties agree otherwise. All communications, both written and procedures that he or she determines following consultation with oral, during the parties. The parties shall discuss the dispute in good faith ’ efforts under Sections 11.5(a) and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation 11.5(b) are confidential and shall be treated as a settlement discussion and negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process. The process shall therefore be confidential and may not be used against either party in any later proceeding relating based on terms acceptable to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeand/or mediation service provider. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In Any mediation that the event Parties decide to pursue shall be conducted by a single neutral mediator experienced in the business of any pharmaceuticals. If the issues in dispute arising under involve scientific, technical or in connection with this Agreementcommercial matters, before either party the mediator chosen hereunder may initiate arbitration pursuant engage experts that have educational training or industry experience sufficient to Section 5.2 belowdemonstrate a reasonable level of relevant scientific, ICANN medical and Registry Operator must attempt industry knowledge, as necessary to help resolve the dispute through mediation in accordance with dispute. The Parties shall select the mediator promptly following terms and conditions: (a) A party the initiation of the mediation. If the Parties are unable or fail to agree upon the mediator within [* * *] following the initiation of mediation, the mediator shall submit a dispute to mediation be appointed by written notice to the other partyAAA. The mediation shall be conducted by a single mediator selected by the partiesin New York, New York, and all proceedings and communications shall be in English. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, Except to the extent necessary to mediate enforce a legal right or as may be required by law, neither a Party nor a mediator may disclose the particular disputeexistence, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, directorcontent, or security holder results of ICANN a mediation without the prior written consent of both Parties. In no event shall a mediation be initiated after the date when commencement of a legal or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later equitable proceeding relating to based on the dispute, including any arbitration pursuant to Section 5.2controversy or claim would be barred by the applicable New York statute of limitations. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party Party shall bear its own costs in the mediation. The parties shall share equally the and expenses and attorneys’ fees and expenses an equal share of the mediator’s fees and any administrative fees of mediation. Each party For clarity, notwithstanding anything to the contrary in this Agreement or as set forth in the AAA Mediation Procedures, under no circumstance shall treat information received any such mediation findings or rulings be binding on either Party, unless the Parties subsequently mutually agree to the contrary in writing. No agreement to mediate shall preclude either Party from subsequently withdrawing from the other party pursuant to the mediation that is appropriately marked and commencing an action as confidential (as required by described in Section 7.15) as Confidential Information of such other party in accordance with Section 7.1513.4. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In If a claim made by the event Association or teacher of a violation, misinterpretation or misapplication of this Agreement has not been satisfactorily resolved at any dispute arising under or in connection with this AgreementStep of the grievance procedure, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through present a written request for mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. Upon receipt of the request, the receiving party shall respond in writing to the requesting party within five (5) days of receipt. (1) The mediation shall be conducted by Hawaiʻi State Department of Education (DOE) and the Association or teacher must mutually agree to submit a single mediator selected by the partiesgrievance to mediation. If the parties cannot agree on to submit a mediator within fifteen (15) calendar days of delivery of written notice pursuant grievance to this Section 5.1mediation, the parties will promptly select a mutually acceptable time lines and procedures contained in this Agreement shall be suspended for no more than ten (10) days to accommodate the mediation provider entity, which entity shall, as soon as practicable process. (2) Within five (5) days following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary agreement by the DOE and the Association to mediate the particular disputegrievance, general knowledge the respective parties shall appoint a joint mediation team composed of the domain name systemone (1) DOE representative and one (1) Association representative. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator No mediation team shall be appointed pursuant to this Section 5.1(a)directly involved in representational matters within the district in which the grievance arose. (b3) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15mediation. (d4) If The grievant shall have the parties right to be present at the mediation (5) The mediators shall have engaged in good faith participation in the authority to caucus separately with either party, but shall not have the authority to compel the resolution of a grievance. The mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed process shall be limited to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety five (905) calendar days following from the date of selection, unless both parties mutually agree to extend this limit. (6) Proceedings before the notice delivered pursuant mediators shall be informal in nature. There shall be no formal rules of evidence, no transcript or any formal record of the conference(s) or meeting(s). The mediators shall be instructed not to Section 5.1(a)make public any information relating to or arising from the mediation process. (7) If no settlement is reached in mediation within the specified time limit, the mediation Association or teacher shall automatically terminate (unless extended by agreement notify the DOE of its intent to proceed with the next step of the parties) grievance procedure and the dispute can then proceed grievance timeline shall be reinstated. (8) In the event that a mediated grievance is appealed to arbitration pursuant the next step or arbitration, there shall be no reference to Section 5.2 belowthe fact that a mediation conference was or was not held.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either If a party may initiate arbitration pursuant intends to Section 5.2 below, ICANN and Registry Operator must attempt begin a mediation to resolve a deadlock of the dispute through mediation in accordance with the following terms and conditions: (a) A Executive Officers, such party shall submit a dispute to mediation by provide written notice to the other partyparty informing the other party of such intention and the issues to be resolved. The mediation Within ten (10) business days following the receipt of the original notice ("Notice Date"), the Steering Committee shall select a mediator who shall be conducted by a single mediator selected by individual presiding in resolution of the disputes between the parties. If The mediator selected shall not be an employee, director or shareholder of either party or of an Affiliate of either party. (i) No later than ten (10) business days after selection, the parties cannot agree mediator shall hold a hearing to resolve each of the issues submitted for mediation which may include a request by a party to amend this Agreement so as to implement the resolution of any issue submitted for mediation. (ii) Twenty-four hours prior to the hearing, each party must submit to the mediator and serve on the other party a mediator within proposed ruling on each issue to be resolved. Such writing shall be limited to presenting the proposed rulings, and may contain a limited argument on or analysis of the facts or issues, which shall be limited so that the entire submission is no more than fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a)pages. (biii) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties not require nor shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall there be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the disputediscovery by any means, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputedepositions, interrogatories or production of documents. (civ) Each party shall bear its own costs in the mediationbe entitled to no more than four (4) hours of hearing to present testimony, documentary or other demonstrative evidence. The testimony of both parties shall share be presented during the same calendar day. Such time limitation shall include any direct, cross or rebuttal testimony, but such time limitation shall only be charged against the party conducting such direct, cross or rebuttal testimony. It shall be the responsibility of the mediator to determine whether the parties have had the four (4) hours to which they are entitled. (v) Each party shall have the right to be represented by counsel. The mediator shall have sole discretion with regard to the admissibility of any evidence. (vi) The mediator shall rule on each disputed issue within 24 hours following the completion of the testimony of both parties. Such ruling shall adopt in its entirety the proposed ruling of one of the parties on each disputed issue. (vii) The mediation shall take place at a location agreed by the parties or if the parties are unable to agree, then as designated by the mediator. All costs incurred for the mediation shall be shared equally between the parties. (viii) The mediator shall be paid a reasonable fee plus expenses, which fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason be shared equally by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN cxDA and Registry Operator XxXXX must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN cxDA or Registry OperatorXxXXX . If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.157.14) as Confidential Information of such other party in accordance with Section 7.157.14. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event of any dispute dispute, controversy or claim arising under out of or in connection with relating to this AgreementAgreement that the Steering Committee is unable to resolve, before either party may initiate arbitration pursuant to Section 5.2 belowor the breach, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party termination or invalidity thereof, each Party shall submit a dispute to mediation by written notice to the other partyhave the right to have such dispute referred to the executive management of Xxxxxxxxxx and Dyax for attempted resolution by good faith negotiations within [*****] calendar days after such notice is received. The mediation If resolved, the resolution shall be conducted by binding and final. If such executive management is unable to resolve such dispute within the [*****] calendar day period, and before arbitration is initiated, then the following shall apply: 13.1.1 If the dispute is predominantly concerned with a single mediator selected scientific or technical issue then the entire dispute shall be referred to an independent expert, appointed jointly by the partiesParties. If the parties Parties cannot agree on an independent expert, Section 13.2 shall apply. The decision of the independent expert shall be given in writing and in English and considered final and binding on the Parties except if there has been a mediator within fifteen (15) calendar days manifest error on the face of delivery the decision whereupon the Parties may revert to their respective remedies under Section 13.2. 13.1.2 If the dispute is predominantly concerned with an issue other than scientific or technical then the Parties shall participate in a mediation that will last no less than [*****] hours unless the dispute is resolved before such time. Notwithstanding the requirement for the Parties to submit to mediation for a minimum of written notice pursuant [*****] hours, neither Party will be required to this Section 5.1, the parties participate in mediation for longer than [*****] hours. Any mediation will promptly select take place a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is notagreeable venue, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided be officiated by a mutually agreeable mediator identified and engaged by the appointed mediatorParties, then a replacement mediator the cost and fees for whom shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct borne equally by the mediation in accordance with Parties. In the rules and procedures that he or she determines following consultation with event the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, Parties' efforts to reach an amicable resolution through mediation or other informal means are unsuccessful, either Party may invoke the provisions of Section 13.2. Any settlement reached by the dispute. The mediation Parties under this Section shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating binding until reduced to writing and signed by the above-specified management of Xxxxxxxxxx and Dyax. When reduced to writing, such agreement shall supersede all other agreements, written or oral, to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating extent such agreements specifically pertain to the disputematters so settled. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions:, (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In (a) If a Dispute arises, any Disputing Member may submit such Dispute to non‑binding mediation under this Section 9.02 by notifying the event of any dispute arising other Disputing Members (a AMediation Notice@). (b) Any mediation conducted under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve 9.02 shall be conducted by a sole mediator (the dispute through mediation AMediator@) selected in accordance with this Section 9.02. The Disputing Member that submits a Dispute to mediation shall designate a proposed Mediator in its Mediation Notice. If any other Disputing Member objects to such proposed Mediator, it may, on or before the tenth Day following terms and conditions:delivery of the Mediation Notice, notify all of the other Disputing Members of such objection. All of the Disputing Members shall attempt to agree upon a mutually‑acceptable Mediator. If they are unable to do so within 20 Days following delivery of the notice described in the second‑preceding sentence, any Disputing Member may request the American Arbitration Association (or, if such Association has ceased to exist, the principal successor thereto) (the AAAA@) to designate the Mediator. If the Mediator so chosen shall die, resign or otherwise fail or becomes unable to serve as Mediator, a replacement Mediator shall be chosen in accordance with this Section 9.02. (ac) A party The Mediator shall submit a dispute to mediation by written notice to expeditiously (and, if possible, within 30 Days after the other partyMediator=s selection) commence the mediation, which shall be held in Wilmington, Delaware. The mediation shall be conducted by a single mediator selected by in accordance with the parties. If then‑current Commercial Mediation Rules of the parties cannot agree on a mediator within fifteen AAA (15) calendar days excluding rules governing the payment of delivery of written notice pursuant mediation, administrative or other fees or expenses to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party andMediator or the AAA), to the extent necessary to mediate that such Rules do not conflict with the particular dispute, general knowledge terms of this Agreement. The responsibility for paying the domain name system. Any mediator must confirm in writing that he or she is not, costs and will not become during the term expenses of the mediation, an employeeincluding compensation to the Mediator, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided shall be borne equally by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a)Disputing Members. (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In ‌ If a claim made by the event Association or teacher of a violation, misinterpretation or misapplication of this Agreement has not been satisfactorily resolved at any dispute arising under or in connection with this AgreementStep of the grievance procedure, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through present a written request for mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. Upon receipt of the request, the receiving party shall respond in writing to the requesting party within five (5) days of receipt. (1) The mediation shall be conducted by Department of Education (DOE) and the Association or teacher must mutually agree to submit a single mediator selected by the partiesgrievance to mediation. If the parties cannot agree on to submit a mediator within fifteen (15) calendar days of delivery of written notice pursuant grievance to this Section 5.1mediation, the parties will promptly select a mutually acceptable time lines and procedures contained in this Agreement shall be suspended for no more than ten (10) days to accommodate the mediation provider entity, which entity shall, as soon as practicable process. (2) Within five (5) days following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary agreement by the DOE and the Association to mediate the particular disputegrievance, general knowledge the respective parties shall appoint a joint mediation team composed of the domain name systemone (1) DOE representative and one (1) Association representative. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator No mediation team shall be appointed pursuant to this Section 5.1(a)directly involved in representational matters within the district in which the grievance arose. (b3) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15mediation. (d4) If The grievant shall have the parties have engaged in good faith participation in right to be present at the mediation session(s). (5) The mediators shall have the authority to caucus separately with either party, but shall not have not resolved the dispute for any reason, either party or authority to compel the mediator may terminate the resolution of a grievance. The mediation at any time and the dispute can then proceed process shall be limited to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety five (905) calendar days following from the date of selection, unless both parties mutually agree to extend this limit. (6) Proceedings before the notice delivered pursuant mediators shall be informal in nature. There shall be no formal rules of evidence, no transcript or any formal record of the conference(s) or meeting(s). The mediators shall be instructed not to Section 5.1(a)make public any information relating to or arising from the mediation process. (7) If no settlement is reached in mediation within the specified time limit, the mediation Association or teacher shall automatically terminate (unless extended by agreement notify the DOE of its intent to proceed with the next step of the parties) grievance procedure and the dispute can then proceed grievance timeline shall be reinstated. (8) In the event that a mediated grievance is appealed to arbitration pursuant the next step or arbitration, there shall be no reference to Section 5.2 belowthe fact that a mediation conference was or was not held.

Mediation. In If a Dispute is not resolved by negotiation as provided in Section 5(b) within 45 days from the event delivery of any dispute arising under or in connection with this Agreementthe Initial Notice, before then either party may initiate arbitration submit the Dispute for resolution by mediation pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through CPR Institute for Dispute Resolution (the “CPR”) Model Mediation Procedure as then in effect. The parties shall (i) conduct the mediation in accordance with Chicago, Illinois, and (ii) select a mutually agreeable mediator from the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to CPR Panels of Distinguished Neutrals in the other party. The mediation shall be conducted by a single mediator selected by the partieslocation. If the parties cannot are unable to agree on upon a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1mediator, the parties will promptly agree that CPR shall select a mutually acceptable mediator from its panels consistent with its mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the partiesrules. The parties shall discuss agree to a mutually convenient date and time to conduct the dispute in good faith and attempt, with mediation; provided that the mediator’s assistance, to reach an amicable resolution mediation must occur within 30 days of the disputerequest unless a later date is agreed to by the parties in writing. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own fees, costs in and expenses and an equal share of the mediation. The parties shall share equally the fees and expenses of the mediatormediation. Each party shall treat information received from designate an individual to have full and complete authority to resolve the Dispute and to represent its interests in the mediation, and each party may, in its sole discretion, include any number of other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation representatives in the mediation but have not resolved process. At the dispute for any reasoncommencement of the mediation, either party or may request to submit a written mediation statement to the mediator may terminate the mediator. If a Dispute is not resolved by mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If this section, the parties have are free to pursue any relief not resolved inconsistent with this Agreement. The parties agree that mediation pursuant to this section must precede the dispute for commencement of any reason formal action regarding a dispute, e.g., litigation, except that nothing in this provision will prohibit a party from seeking any injunctive relief to which it may be entitled. Nothing in this provision will prohibit a party from arguing that a failure to timely seek injunctive relief by the date other demonstrates that there is ninety (90) calendar days following the date no reasonable threat of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowimmediate harm.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party If the Dispute has not been resolved by negotiation as provided in Section 12.02 within thirty (30) days of the date of the Escalation Notice or such extended period as may be agreed by the Parties, or should the Parties fail to meet within the said thirty-day period, the Parties shall submit endeavour to settle the Dispute by mediation. The Party wishing to refer a dispute Dispute to mediation by shall give written notice to the other party. The (the "MEDIATION NOTICE") describing the Dispute, requiring that the Dispute be submitted to mediation shall and proposing the name of a suitable person to be conducted by a single mediator selected by the parties. appointed mediator. (b) If the parties cannot other Party rejects the proposed mediator and the Parties are unable to agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediatorMediation Notice, then either Party may request the CPR Institute for Dispute Resolution to appoint a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct from the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution CPR Panel of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeDistinguished Neutrals. (c) The mediator shall be entitled to make recommendations to the Parties which, unless the Parties agree otherwise, shall not be binding upon them. (d) The mediation shall continue until the earliest to occur of the following: (i) the Parties reach agreement as to the resolution of the Dispute, (ii) the mediator makes a finding that there is no possibility of resolution through mediation, or (iii) sixty (60) days have elapsed since the appointment of the mediator. (e) Each party Party shall bear its own costs in connection with the mediation. The parties shall share equally ; the fees and expenses disbursements of the mediator. Each party mediator shall treat information received from be borne equally by the other party pursuant Parties. (f) If the Parties accept any recommendation made by the mediator or otherwise reach agreement as to the resolution of the Dispute, such agreement shall be recorded in writing and signed by the Parties, whereupon it shall become binding upon the Parties and have, as between them, the authority of a final judgment or arbitral award (res judicata). (g) The mediation that is appropriately marked shall be confidential and neither the Parties (including their auditors and insurers) nor their counsel and any Person necessary to the conduct of the mediation nor the mediator or any other neutral involved in the mediation shall disclose the existence, content (including submissions and any evidence or documents presented or exchanged), or outcome of any mediation hereunder without the prior written consent of the Parties, except as confidential (as may be required by Section 7.15Applicable Law or the applicable rules of a stock exchange. (h) as Confidential Information of such other party In the event that a Dispute is referred to arbitration in accordance with Section 7.1512.04 below, the mediator or any other neutral involved in the mediation shall not take part in the arbitration, whether as a witness or otherwise, and any recommendation made by him in connection with the mediation shall not be relied upon by either Party without the consent of the other Party and of the mediator or neutral, and neither Party shall make use nor rely upon information supplied, positions adopted, or arguments raised, by the other Party in the mediation. (di) If Subject to the parties have engaged right of the Parties to seek provisional or interim relief from a court of competent jurisdiction, as provided below in good faith participation in the mediation but have not resolved Section 12.04(e), neither Party shall be entitled to refer a Dispute to arbitration unless the dispute for any reasonhas first been the subject of an Escalation Notice and been referred to mediation in accordance with Sections 12.02, either party or the mediator may terminate the mediation at any time 12.03 and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below12.04.

Mediation. In the event of any 13.2.1 If a dispute arising under or in connection with this Agreement, before either party may initiate arbitration is not resolved pursuant to Section 5.2 belowArticle 13.1.4, ICANN and Registry Operator must the Parties shall attempt to resolve the dispute through mediation in accordance with the following terms and conditions:this Article 13.2. (a) 13.2.2 A party Party shall submit a dispute to mediation by written notice to the other partyParty (“Mediation Notice” and the date that the Dispute Notice is delivered to the aggrieving Party, the “Mediation Notice Date”). The mediation shall be conducted by a single mediator selected by the partiesParties. If the parties Parties cannot agree on a mediator within fifteen twenty (1520) calendar days of delivery of written notice pursuant to this Section 5.1the Mediation Notice Date, the parties Parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediatormediator who has a technical and legal or judicial background, who is a licensed attorney familiarity with general knowledge application of California contract law, has no ongoing business relationship law and experience with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name systemInternet industry and Internet governance. Any The mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, consultant, advisor or security holder of ICANN or Registry Operatorany of the Parties. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a).Service Level Agreement for the IANA Numbering Services page 18 (b) 13.2.3 The mediator shall conduct the mediation in accordance with the rules and procedures that he or she the mediator determines following consultation with the partiesParties. The parties Parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable a mutually agreeable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party Party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeArticle 13. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In ‌ 13.01 At the event mutual agreement of both parties the following mediation process will be used in an attempt to resolve any dispute arising under or grievance that has proceeded through the steps of the Grievance Procedure outlined in connection with this Agreement, before Article 9 and that has been referred by either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must Arbitration. The intent of this process is to provide a neutral third party who will attempt to resolve the dispute through mediation grievance in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party andtimely manner, to the extent necessary to mediate the particular dispute, general knowledge satisfaction of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a)both parties. (ba) The mediator shall conduct parties will agree on the mediation in accordance with the rules and procedures that he or she determines following consultation with the partiesindividual who will act as grievance mediator. The parties shall discuss equally share the dispute in good faith fees of the mediator and attemptthe cost of a neutral meeting space if such space is required. b) The mediation session will be attended by representatives from the Union including the CUPE National Representative or their designate, and the grievor(s) and such representation as may be chosen to represent Management. The persons attending should be familiar with the mediator’s assistance, to reach an amicable resolution content of the dispute. The mediation shall be treated as grievance and have authority to enact a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeresolution. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If Once the parties have engaged agreed in good faith participation in writing to mediate a grievance the session shall commence within sixty (60) calendar days. In addition, should any of the applicable parties be unavailable to attend within this sixty (60) day period, then they shall appoint a substitute to attend. d) Provided the parties agree, there shall be no limit to the number of grievances submitted for a single mediated session. e) Any concessions, discussions or offers to settle the grievance, which occur during the mediation but have process, will not resolved the dispute for any reason, prejudice either party at arbitration should the matter not be resolved nor shall it be raised, discussed or relied upon at Arbitration. f) The mediation session may be conducted at the mediator workplace. This may terminate be altered at the consent of both parties. Authorized attendance at the mediation session during an employee’s scheduled hours of work shall be without loss of regular pay or benefits. g) Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at any time and the dispute can then proceed end of the mediation session may continue to arbitration pursuant to Section 5.2 below. If or be withdrawn. h) The Mediator shall not act as the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowArbitrator.

Mediation. In the event of any § 12.7.1 CM/GC Claims for additional cost or time are subject to Sections 12.1 through 12.6 and shall be reviewed as provided in accordance with that Article and, as a condition precedent to litigation, are subject to dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN resolution attempts and Registry Operator must attempt to resolve the dispute through mediation in accordance with this Article. All other issues and disputes arising from this contract are also subject to dispute resolution attempts and mediation in accordance with this Article, as a condition precedent to litigation. § 12.7.2 The parties agree that resolution of any dispute or disagreement without formal legal proceedings is to their mutual benefit and to the following terms benefit of the Project. § 12.7.3 The parties agree to make every reasonable attempt to resolve any issues or disputes informally. The parties further agree that prior to the institution by either of legal or equitable proceedings of any kind, and conditionsas a condition precedent thereto, any dispute between the CM/GC and the Owner related to the Contract, including a dispute over the Owner’s decision regarding a Claim, shall be subject to mediation as follows: (a) A party shall submit .1 If the issue to be mediated involves only a dispute regarding the Contract Time, no request to mediation by written notice to the other party. The mediation mediate shall be conducted by a single mediator selected made unless liquidated damages have been assessed by the partiesOwner. If the parties cannot agree on issue to be mediated involves a mediator within Claim or other financial dispute, no request to mediate shall be made unless the amount is $50,000 or more or until there are cumulative Claims or disputes amounting to $50,000 or more; .2 The party seeking mediation shall notify the other party in writing of its mediation request. In such written request, the requesting party must clearly describe the issues it believes are subject to mediation; .3 Within fifteen (15) calendar days of delivery receipt of written notice pursuant to this Section 5.1the mediation request, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either non-requesting party and, shall respond in writing to the extent necessary request; .4 Unless the Owner and the CM/GC agree to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the other rules for mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator mediation shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules Construction Industry Rules of Arbitration and procedures that he or she determines following consultation with Mediation Procedures in effect at the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution time of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute.mediation; (c) Each party shall bear its own costs in the mediation. .5 The parties shall share equally the fees and expenses of the mediator. Each ’s fee and any filing fees equally; provided, however, that if a party makes a written request to the mediator without satisfying the requirements of this section and by doing so incurs any costs or fees, that party shall treat information received from be solely responsible for the other party pursuant costs or fees; .6 Unless otherwise mutually agreed to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a)parties, the mediation shall automatically terminate (unless extended by agreement be in Boise, Ada County, Idaho; .7 The parties shall cooperate in arranging the other details of mediation, such as selection of the parties) mediator, mediation dates and times; .8 The parties agree that all parties necessary to resolve the dispute can then proceed matter shall be parties to arbitration pursuant to Section 5.2 below.the same mediation proceeding; provided, however, that no subcontractor or sub-subcontractor shall attend the mediation absent advanced notice from the Owner;

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.. 5.2

Mediation. In The Member claiming the event breach or dispute shall provide written notice to the other Member of any the basis of the breach or dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must (“Notice of Dispute”). The Members shall first attempt to resolve the dispute through direct negotiations, but if the Members are unable to resolve the dispute within 5 days after the Notice of Dispute (the “Resolution Period”), then the Members shall promptly engage in and diligently pursue non-binding mediation administered by the Judicial Arbitration and Mediation Services (“JAMS”) office located closest geographically to Salt Lake City, Utah (hereinafter the “Regional JAMS Office”) in accordance with the following terms and conditions: Salt Lake City, Utah. The complaining Member shall initiate mediation (a“Mediation”) A party shall submit a dispute to mediation by serving written notice to on the other partyMember of its intention to mediate the dispute (“Mediation Notice”) no later than 5 days after the end of the Resolution Period. The mediation Mediation Notice shall contain a statement setting forth the nature of the dispute and the remedy sought. A copy of such Mediation Notice shall also be conducted delivered to JAMS, together with this Mediation provision and the appropriate filing fee as required by JAMS. Within 5 days of filing the Mediation Notice, the Members shall mutually select a single mediator selected by from the partiesJAMS list of available mediators (“Mediator”). If the parties cannot Members are unable to so mutually agree on during such five-day period, a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator Mediator shall be appointed pursuant within the shortest possible period thereafter by the Regional JAMS Office, which Mediator shall be experienced in the area of real estate and limited liability companies and who shall be knowledgeable with respect to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution subject matter area of the dispute. The mediation Unless otherwise agreed to in writing by the Members, the Mediation conference shall be treated as occur at a settlement discussion and shall therefore be confidential and mutually acceptable location in Salt Lake City, Utah. Neither Member may not be used against either party in any later proceeding relating to the dispute, including any arbitration initiate Arbitration pursuant to Section 5.213.1(b) with respect to any dispute until the Mediation of such dispute is complete or 60-days after the Resolution Period, whichever first occurs. Any Mediation will be considered complete: (i) if the Members enter into an agreement to resolve the dispute; (ii) with respect to the Member submitting the dispute to Mediation, if the other Member 17008166.6 fails to appear at or participate in a reasonably scheduled Mediation conference; (iii) if the dispute is not resolved within five days after the conclusion of the Mediation conference; or (iv) if the Mediator declares an impasse. Such conference shall be scheduled and completed within 60 days after expiration of the Resolution Period. If any dispute remains between the Members after the Mediation is complete in accordance with this Section, then either Member may commence Arbitration pursuant to Section 13.1(b) to resolve such dispute. The mediator may not testify costs of the Mediation shall be shared equally by the Members, except that each Member shall be responsible for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in attorneys’ fees associated with the mediation. The parties shall share equally ; provided, however, that the fees attorney’s fees, costs, and expenses of Mediation (including, but not limited to, the mediator. Each party Mediator’s fee) shall treat information received from the other party pursuant be subject to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason an award by the date that is ninety (90) calendar days following the date Arbitrator in favor of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowprevailing party.

Mediation. In If a claim made by the event Association or teacher of a violation, misinterpretation or misapplication of this Agreement has not been satisfactorily resolved at any dispute arising under or in connection with this AgreementStep of the grievance procedure, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through present a written request for mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. Upon receipt of the request, the receiving party shall respond in writing to the requesting party within five (5) days of receipt. (1) The mediation shall be conducted by Department of Education (DOE) and the Association or teacher must mutually agree to submit a single mediator selected by the partiesgrievance to mediation. If the parties cannot agree on to submit a mediator within fifteen (15) calendar days of delivery of written notice pursuant grievance to this Section 5.1mediation, the parties will promptly select a mutually acceptable time lines and procedures contained in this Agreement shall be suspended for no more than ten (10) days to accommodate the mediation provider entity, which entity shall, as soon as practicable process. (2) Within five (5) days following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary agreement by the DOE and the Association to mediate the particular disputegrievance, general knowledge the respective parties shall appoint a joint mediation team composed of the domain name systemone (1) DOE representative and one (1) Association representative. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator No mediation team shall be appointed pursuant to this Section 5.1(a)directly involved in representational matters within the district in which the grievance arose. (b3) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15mediation. (d4) If The grievant shall have the parties have engaged in good faith participation in right to be present at the mediation session(s). (5) The mediators shall have the authority to caucus separately with either party, but shall not have not resolved the dispute for any reason, either party or authority to compel the mediator may terminate the resolution of a grievance. The mediation at any time and the dispute can then proceed process shall be limited to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety five (905) calendar days following from the date of selection, unless both parties mutually agree to extend this limit. (6) Proceedings before the notice delivered pursuant mediators shall be informal in nature. There shall be no formal rules of evidence, no transcript or any formal record of the conference(s) or meeting(s). The mediators shall be instructed not to Section 5.1(a)make public any information relating to or arising from the mediation process. (7) If no settlement is reached in mediation within the specified time limit, the mediation Association or teacher shall automatically terminate (unless extended by agreement notify the DOE of its intent to proceed with the next step of the parties) grievance procedure and the dispute can then proceed grievance timeline shall be reinstated. (8) In the event that a mediated grievance is appealed to arbitration pursuant the next step or arbitration, there shall be no reference to Section 5.2 belowthe fact that a mediation conference was or was not held.

Mediation. In the event of a) Except as provided in subdivision e), County and Lessee agree to submit to non-binding mediation any dispute arising under out of a claim by a party that the other party has breached one or in connection with more sections of this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions:. (ab) A party shall submit must provide notice of a dispute to written request for mediation by written notice to the other party within 14 calendar days of the date on which notice of a breach or default is deemed given under this Agreement. Failure to provide notice of a written request for mediation as required by this section thereby waives any right to request mediation. c) Upon a party’s request for mediation, the parties must select a mediator. The mediation shall be conducted by Neither party may unreasonably withhold its consent to the selection of a single mediator selected by the partiesmediator. If the parties cannot are unable to agree on upon a mediator, each party must designate a person to select a mediator, and the parties’ designated persons must then select a mediator. The parties must select a mediator within fifteen (15) 14 calendar days after notice of delivery a request for mediation was received. Mediation fees, if any, must be divided equally among the parties. d) Upon expiration of written any applicable 30-day notice pursuant to this Section 5.1cure, the parties a party may file a court or administrative complaint, but any pending court or administrative action will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is notbe stayed, and the applicable statute of limitations will not become during be tolled, until the term earlier of either: (i) completion of the mediation, an employee, partner, executive officer, director, ; or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (bii) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by 75 calendar days after the date that is ninety (90) calendar days following the date on which notice of the notice delivered pursuant to Section 5.1(a)a breach or default was deemed given, the mediation shall automatically terminate (unless which may be extended by mutual agreement of the parties. e) The following matters are excluded from mediation: i) An unlawful detainer action alleging a default described in section 39(b) of this Agreement or nonpayment of rent; ii) Any dispute related to permitted uses of the hangar arising out of section 4 of this Agreement; iii) Any dispute related to hazardous materials and hazardous work, arising out of section 33 of this Agreement; iv) The filing or enforcement of a mechanic’s lien or other lien against Xxxxxx’s personal property; v) An action by County to remove a lien on the Premises; vi) Any matter within the jurisdiction of a probate, small claims, or bankruptcy court; vii) An action to obtain an order of attachment, receivership, injunction, or other provisional remedy; and viii) Any dispute can then proceed related to arbitration pursuant to Section 5.2 belowan emergency, violent act, or criminal activity that jeopardizes the Airport, people, or property thereon, including, but not limited to, a restraining order.

Mediation. In the event of any dispute arising under under, or in connection with this Agreement, before either party Party may initiate arbitration pursuant to Section 5.2 7(g)(iii) below, ICANN and Registry Operator Verisign must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (aA) A party Party shall submit a dispute to mediation by written notice to the other partyParty. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice appointed pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, rules of JAMS who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party andParty, and to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any The mediator must confirm in writing that he or she is not, directly or indirectly, and will not become during the term of the mediation, an employee, partner, executive officer, director, consultant, advisor or security holder of ICANN or Registry OperatorVerisign. If such confirmation is not provided by the appointed mediator, then JAMS shall designate a replacement mediator shall mediator. Neither Party may unreasonably withhold consent to the selection of a mediator. The arbitration will be appointed pursuant to this Section 5.1(a)conducted in the English language and will occur in Los Angeles County, California. (bB) The mediator shall conduct the mediation in accordance with this Agreement, the laws of the State of California and the rules and procedures that he or she determines following consultation with the partiesof JAMS. The parties Parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party Party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.27(g)(iii). The mediator may not testify for either party Party in any later proceeding relating to the dispute. (cC) Each party Party shall bear its own costs in the mediation. The parties Parties shall share equally the fees and expenses of the mediator. Each party Party shall treat information received from the other party Party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15Party. (dD) If the parties Parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party Party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 7(g)(iii) below. If the parties Parties have not resolved the dispute for any reason by the date that is ninety sixty (9060) calendar days following the date of the notice delivered pursuant to Section 5.1(a7(g)(ii)(1), the mediation shall automatically terminate (unless extended by agreement of the partiesParties) and the dispute can then proceed to arbitration pursuant to Section 5.2 7(g)(iii) below.

Mediation. In To the event fullest extent permitted by applicable law, if a dispute or potential dispute arises out of any dispute arising under or in connection with relates to this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve if the dispute cannot be settled through mediation in accordance with negotiation, then, before resorting such remedies as may be available to them, the following terms and conditions: (a) A party dispute shall submit a dispute be referred to mediation at the request of either Party. The Parties shall retain a mediator to aid the Parties in their discussions and negotiations by written notice informally providing advice to the other partyParties. The mediation shall If a mediator cannot be conducted by a single mediator selected agreed upon by the parties. If Parties within ten (10) days after the parties cannot agree on a mediator within fifteen date that is thirty (1530) calendar days of following delivery of written notice pursuant to this Section 5.1the request for mediation, then each of the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate Parties shall nominate a mediator, and those two mediators will select a third mediator who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to shall act as the extent necessary to mediate the particular mediator for such dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided opinion expressed by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion strictly advisory and shall therefore be confidential and may not be used against either party binding on the partiesParties, nor shall any opinion expressed by the mediator be admissible in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2other proceeding. The mediator may not testify for either party in any later proceeding relating to be chosen from a list of mediators previously selected by the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses Parties or by other agreement of the mediatorParties. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information Costs of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended be borne equally by agreement the Parties, except that each of the partiesParties shall be responsible for its own expenses. Mediation efforts shall terminate at the request of either of the Parties given no earlier than sixty (60) days after the selection of the first mediator. The requirement for mediation shall earlier terminate as to any dispute or potential dispute if a Party shall give to the other partyParty a notice stating that its position on the dispute or potential dispute is firm and the other partyParty does not respond with a request for mediation within three (3) days of its receipt of the notice. The foregoing notwithstanding, (a) compliance with this Section shall only be a prerequisite to the initiation of litigation or the giving by a Party of optional notice of termination of this Agreement, and (b) this Section shall cease to apply to any dispute can then proceed if a Party fails to arbitration pursuant nominate a mediator within ten (10) Business Days of being required to Section 5.2 belowdo so, or the two mediators fail to select the third mediator within ten (10) Business Days of being required to do so.

Mediation. In case of a dispute between the event parties with respect to those matters set forth in Section 4.2(d), Section 6.1(i) or Section 6.2(i) of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant require the other to Section 5.2 belowparticipate in non- binding commercial mediation proceedings, ICANN and Registry Operator must attempt whereupon each party shall participate in such mediation in good faith in an effort to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other partytheir differences. The mediation shall be conducted by a single mediator selected administered by the parties. If American Arbitration Association (“AAA”) under its Commercial Mediation Rules then in effect (insofar as such rules are not inconsistent with the provisions of this Agreement), and shall be conducted at a location mutually agreed to by the Parties (or determined by the mediator, if the parties cannot agree on fail to so agree), before a sole, neutral, and impartial mediator within fifteen mutually agreed to by the parties or, if the parties fail to so agree, chosen by the AAA. Any person who serves as mediator shall possess the qualifications necessary to serve as an arbitrator under the American Arbitration Association’s Commercial Arbitration Rules for Large, Complex Commercial Disputes (15) calendar days with the intent of delivery of written notice pursuant the foregoing being to ensure that the person serving as mediator possesses sufficient experience in large, complex commercial disputes to serve a useful role as mediator with respect to disputes described in this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party 9.4(a)) and, to more specifically, shall possess significant knowledge and experience in the extent necessary to mediate the particular dispute, general knowledge of the domain name systeminformation technology industry. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement The mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct selected, as described above, and the mediation in accordance with commenced, no later than thirty (30) days after the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution delivery of the disputeapplicable written demand for mediation. The mediation shall be concluded, regardless of whether the applicable Dispute has then been resolved, within seventy-five (75) days after delivery of the applicable written demand for mediation. Each party shall pay its own expenses incurred in connection with any mediation, and each party shall share equally the costs of the mediator and AAA and any other third-party costs and expenses of the mediation. The mediation will be treated as a confidential settlement discussion and shall therefore none of the proposals, counter-proposals or statements made in the course of the mediation will be confidential and may not be used against either disclosed to any third party (including any arbitrator) or admissible for any purpose in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2other proceeding. The mediator may will not testify for either party in any later proceeding relating related to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses No recording or transcript will be kept of the mediatormediation proceedings. Each Notwithstanding the foregoing, a party shall treat information received from the other party pursuant will not be required to the engage in mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the a dispute for any reason, either party or the mediator may terminate the mediation at any beyond a time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date before expiration of the notice delivered pursuant statute of limitations applicable to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowthat dispute.

Mediation. In 12.01 At the event mutual agreement of both parties the following mediation process will be used in an attempt to resolve any dispute arising under or grievance that has proceeded through the steps of the Grievance Procedure outlined in connection with this Agreement, before Article 11 and that has been referred by either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must Arbitration. The intent of this process is to provide a neutral third party who will attempt to resolve the dispute through mediation grievance in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party andtimely manner, to the extent necessary to mediate the particular dispute, general knowledge satisfaction of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a)both parties. (ba) The mediator shall conduct parties will agree on the mediation in accordance with the rules and procedures that he or she determines following consultation with the partiesindividual who will act as grievance mediator. The parties shall discuss equally share the dispute in good faith fees of the mediator and attemptthe cost of a neutral meeting space if such space is required. b) The mediation session will be attended by representatives from the Union including the CUPE National Representative or their designate, and the grievor(s) and such representation as may be chosen to represent Management. The persons attending should be familiar with the mediator’s assistance, to reach an amicable resolution content of the dispute. The mediation shall be treated as grievance and have authority to enact a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeresolution. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If Once the parties have engaged agreed in good faith participation in writing to mediate a grievance, the session shall commence within sixty (60) calendar days. In addition, should any of the applicable parties be unavailable to attend within this sixty (60) day period, then they shall appoint a substitute to attend. d) Provided the parties agree, there shall be no limit to the number of grievances submitted for a single mediated session. e) Any concessions, discussions or offers to settle the grievance, which occur during the mediation but have process, will not resolved the dispute for any reason, prejudice either party at arbitration should the matter not be resolved nor shall it be raised, discussed or relied upon at Arbitration. f) The mediation session may be conducted at the mediator workplace. This may terminate be altered at the consent of both parties. Authorized attendance at the mediation session during an employee’s scheduled hours of work shall be without loss of regular pay or benefits. g) Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at any time and the dispute can then proceed end of the mediation session may continue to arbitration pursuant to Section 5.2 below. If or be withdrawn. h) The Mediator shall not act as the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowArbitrator.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the withthe rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In Except as otherwise set forth in Section 5(m), in the event of any dispute arising under concerning Executive’s employment by the Company, whether or in connection with not relating to this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN Executive and Registry Operator must the Company shall first attempt to resolve the such dispute through mediation as provided in accordance with the following terms and conditions: (a) A this Section 7(a); provided, however, that neither party shall submit be required to utilize such mediation procedures to the extent that injunctive relief is being sought by a party in the good faith belief that an immediate remedy is required to avoid irreparable injury to such party. Except as otherwise provided in the proviso to the immediately preceding sentence, in the event that either party desires to resolve a dispute to mediation concerning Executive’s employment by the Company, such party shall first give written notice to the other party. The mediation shall be conducted by a single mediator selected by party identifying the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution nature of the dispute. The parties shall then promptly (and, in any event, within ten business days of the giving of notice of a dispute) engage the services of an impartial, experienced employment mediator (the “Mediator”) under the auspices of JAMS/Endispute (or such other mediation service as the parties may mutually select) in Denver, Colorado, and shall promptly schedule a mediation session with the Mediator which is not later than 45 days after the date of the selection of the Mediator. The Mediator shall conduct a one-day mediation session, attended by both parties and their counsel, in an attempt to informally resolve the dispute. By oral or written agreement of both parties, follow-up or additional mediation sessions may be scheduled, but neither party shall be required to participate in more than one day of mediation. Neither party shall be required to submit briefs or position papers to the Mediator, but both parties shall have the right to do so, subject to such rules and procedures as the Mediator may establish in his or her sole discretion. Except as otherwise agreed by the parties, all written submissions to the Mediator shall remain confidential as between the submitting party and the Mediator. The mediation process shall be treated as a settlement discussion negotiation and shall therefore be confidential and no evidence introduced or statements made in the mediation process may not be used against in any way by either party or any other person in connection with any later proceeding relating subsequent litigation or other legal proceedings (except to the dispute, including extent independently obtained through discovery in such litigation or proceedings) and the disclosure of any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating privileged information to the dispute. (c) Mediator shall not operate as a waiver of the privilege with respect to such information. Each party shall bear all of its own costs in the mediationcosts, attorneys’ fees and expenses related to preparing for and attending any mediation conducted under this Agreement. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to Mediator and the mediation that service used, if any, shall be borne equally by the Company and Executive, and will be borne exclusively by the Company when such is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15law. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party If the Dispute has not been resolved by negotiation as provided in Section 7.2 within thirty (30) days of the date of the Escalation Notice or such extended period as may be agreed by the Parties, or should the Parties fail to meet within the said thirty-day period, the Parties shall submit endeavour to settle the Dispute by mediation. The Party wishing to refer a dispute Dispute to mediation by shall give written notice to the other party. The (the “Mediation Notice”) describing the Dispute, requiring that the Dispute be submitted to mediation shall and proposing the name of a suitable person to be conducted by a single mediator selected by the parties. appointed mediator. (b) If the parties cannot other Party rejects the proposed mediator and the Parties are unable to agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediatorMediation Notice, then either Party may request the CPR Institute for Dispute Resolution to appoint a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct from the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution CPR Panel of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeDistinguished Neutrals. (c) The mediator shall be entitled to make recommendations to the Parties which, unless the Parties agree otherwise, shall not be binding upon them. (d) The mediation shall continue until the earliest to occur of the following: (i) the Parties reach agreement as to the resolution of the Dispute, (ii) the mediator makes a finding that there is no possibility of resolution through mediation, or (iii) sixty (60) days have elapsed since the appointment of the mediator. (e) Each party Party shall bear its own costs in connection with the mediation. The parties shall share equally ; the fees and expenses disbursements of the mediator. Each party mediator shall treat information received from be borne equally by the other party pursuant Parties. (f) If the Parties accept any recommendation made by the mediator or otherwise reach agreement as to the resolution of the Dispute, such agreement shall be recorded in writing and signed by the Parties, whereupon it shall become binding upon the Parties and have, as between them, the authority of a final judgment or arbitral award (res judicata). (g) The mediation that is appropriately marked shall be confidential and neither the Parties (including their auditors and insurers) nor their counsel and any Person necessary to the conduct of the mediation nor the mediator or any other neutral involved in the mediation shall disclose the existence, content (including submissions made, positions adopted and any evidence or documents presented or exchanged), or outcome of any mediation hereunder without the prior written consent of the Parties, except as confidential (as may be required by Section 7.15Applicable Law or the applicable rules of a stock exchange. (h) as Confidential Information of such other party In the event that a Dispute is referred to arbitration in accordance with Section 7.157.4 below, the mediator or any other neutral involved in the mediation shall not take part in the arbitration, whether as a witness or otherwise, and any recommendation made by him in connection with the mediation shall not be relied upon by either Party without the consent of the other Party and of the mediator or neutral, and neither Party shall make use of or rely upon information supplied, positions adopted, or arguments raised, by the other Party in the mediation. (di) If Subject to the parties have engaged right of the Parties to seek interim or conservatory relief from a court of competent jurisdiction, as provided below in good faith participation in the mediation but have not resolved Section 7.4(e), neither Party shall be entitled to refer a Dispute to arbitration unless the dispute for any reason, either party or has first been the mediator may terminate the subject of an Escalation Notice and been referred to mediation at any time in accordance with Sections 7.2 and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below7.3.

Mediation. In 12.1 Any dispute not resolved through negotiation under clause 11 of this Agreement shall at the event request of any dispute arising under either Party within 14 days of the meeting in clause 11.3 be referred to mediation. 12.2 If the Parties are unable to agree on a mediator or in connection with this Agreementif the mediator agreed upon is unable or unwilling to act, before either party may initiate arbitration pursuant Party shall within 14 (fourteen) days from the date of the proposal to Section 5.2 belowappoint a mediator or within 14 (fourteen) days of notice to either Party that he or she is unable or unwilling to act, ICANN and Registry Operator must apply to the Centre for Effective Dispute Resolution (“CEDR”) to appoint a mediator. 12.3 The Parties will attempt to resolve settle the dispute through by mediation in accordance with the following terms and conditions: CEDR Model Mediation Procedure (a) A party shall submit a dispute to mediation by written notice to “the other partyModel Procedure”). The cost of such mediation shall be split equally between the Parties or as otherwise determined by the Parties during the mediation process. 12.4 The mediation will be conducted on a without prejudice basis and in strict confidence. 12.5 If a dispute is settled through mediation, the terms of the settlement will be recorded in writing in a legally binding form signed by a single mediator selected by duly authorised representative of each of the partiesParties. If a settlement is reached while proceedings are pending, the parties cannot agree on Parties acknowledge that an appropriate application must be made to the courts to render the terms of the settlement as a mediator consent order or award. 12.6 If, within fifteen (15) 28 calendar days of delivery of written notice pursuant to this Section 5.1the mediator being appointed, the parties will promptly select a mutually acceptable mediation provider entityhas not resulted in the settlement of the dispute being reached, then the mediation procedure shall, unless otherwise agreed, be terminated. In that event, any proceedings, which entity shallhave been stayed, as soon as practicable following such entity’s selectionwill resume. 12.7 If either Party withdraws from the mediation at any time, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with the mediation procedure will be terminated and either party and, will be free to refer the dispute to the extent necessary to mediate courts, unless proceedings have already been commenced but stayed pending the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term outcome of the mediation, an employee, partner, executive officer, director, in which case those proceedings will resume. 12.8 In the event that the dispute or security holder of ICANN or Registry Operator. If such confirmation complaint is not provided by the appointed mediator, capable of being resolved through this mediation procedure then a replacement mediator it shall be appointed pursuant subject to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution jurisdiction of the dispute. The mediation shall be treated as a settlement discussion courts of England and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeWales. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In (i) If the event Parties have not succeeded in negotiating a resolution of any the dispute arising under or in connection with this Agreement, before either party may initiate arbitration within 30 days after the meeting held pursuant to Section 5.2 below11.1(b) above, ICANN and Registry Operator must attempt to resolve any Party may submit the dispute through to non-binding mediation in accordance with the following terms and conditions:Commercial Mediation Rules of the American Arbitration Association by so notifying the other Parties in writing. (aii) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of Promptly after delivery of written the notice pursuant to this Section 5.1contemplated above, the parties Parties will promptly select jointly appoint a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney impartial mediator with general knowledge of contract law, has no ongoing business relationship with either party and, proper training and experience to consider the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm issues in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (ciii) Each party In consultation with the Parties, the mediator shall bear promptly designate a mutually acceptable time and place for the scheduled mediation session, which shall be not later than 30 days after the selection of the mediator. (iv) Not later than seven (7) days prior to the mediation session, each Party shall deliver to the mediator and the other Parties a concise written summary of its own costs view on the matter in dispute. (v) The mediator, in consultation with the mediation. The parties shall share equally Parties, will specify a format for the fees meetings, designed to assure that both the mediator and expenses the Parties have the opportunity to hear an oral presentation of each Party’s views on the matter in dispute, and attempt to negotiate a resolution of the matter in dispute, with or without the assistance of counsel or others, but with the assistance of the mediator. Each party shall treat The mediator is authorized to participate in both joint meetings among the Parties and in separate private caucuses with any Party. The mediator will keep confidential all information received from learned in private caucus with any Party unless specifically authorized by the Party to make disclosure of the information to the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15Party. (dvi) If Notwithstanding any other provision of this Agreement to the parties have engaged contrary, however, any Party may commence litigation within ten (10) days prior to the date after which the commencement of litigation could be barred by an applicable statute of limitations or in good faith participation in order to request an injunction to prevent irreparable harm. (vii) The fees of the mediation but have not resolved mediator shall be paid by the dispute Parties jointly. The mediator shall be disqualified as a witness, consultant, expert or counsel for any reason, either party or Party with respect to the mediator may terminate the mediation at matters in dispute and any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowrelated matters.

Mediation. In Except as otherwise set forth in Section 8 hereof, in the event of any dispute arising under concerning Executive’s employment by the Company, whether or in connection with not relating to this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN the Executive and Registry Operator must the Company shall first attempt to resolve the such dispute through mediation as provided in accordance with the following terms and conditions: (a) A this Section 11(a); provided, however, that neither party shall submit be required to utilize such mediation procedures to the extent that injunctive relief is being sought by a party in the good faith belief that an immediate remedy is required to avoid irreparable injury to such party. Except as otherwise provided in the proviso to the immediately preceding sentence, in the event that either party desires to resolve a dispute to mediation concerning the Executive’s employment by the Company, such party shall first give written notice to the other party. The mediation shall be conducted by a single mediator selected by party identifying the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution nature of the dispute. The parties shall then promptly (and, in any event, within ten (10) business days of the giving of notice of a dispute) engage the services of an impartial, experienced employment mediator (the “Mediator”) under the auspices of JAMS/Endispute (or such other mediation service as the parties may mutually select) in Los Angeles County, California and shall promptly schedule a mediation session with the Mediator which is not later than forty five (45) days after the date of the selection of the Mediator. The Mediator shall conduct a one-day mediation session, attended by both parties and their counsel, in an attempt to informally resolve the dispute. By oral or written agreement of both parties, follow-up or additional mediation sessions may be scheduled, but neither party shall be required to participate in more than one day of mediation. Neither party shall be required to submit briefs or position papers to the Mediator, but both parties shall have the right to do so, subject to such rules and procedures as the Mediator may establish in his or her sole discretion. Except as otherwise agreed by the parties, all written submissions to the Mediator shall remain confidential as between the submitting party and the Mediator. The mediation process shall be treated as a settlement discussion negotiation and shall therefore be confidential and no evidence introduced or statements made in the mediation process may not be used against in any way by either party or any other person in connection with any later proceeding relating subsequent litigation or other legal proceedings (except to the dispute, including extent independently obtained through discovery in such litigation or proceedings) and the disclosure of any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating privileged information to the dispute. (c) Mediator shall not operate as a waiver of the privilege with respect to such information. Each party shall bear all of its own costs in the mediationcosts, attorneys’ fees and expenses related to preparing for and attending any mediation conducted under this Agreement. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to Mediator and the mediation that service used, if any, shall be borne equally by the Company and the Executive, and will be borne exclusively by the Company when such is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15law. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In Each party hereto irrevocably agrees that any dispute, controversy or claim between or among the event of any dispute parties hereto arising under or out of, in connection with, or related to this Agreement (other than with this Agreement, before either party may initiate arbitration pursuant respect to claims under Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation 1.4 or Section 11) shall be determined in accordance with the following terms mediation, and, if necessary, arbitration provisions of Section 21 and conditions: (a) A Section 22 of this Agreement. Prior to initiating any arbitration proceeding arising out of, in connection with, or related to this Agreement, a party hereto shall submit a dispute to first initiate good faith non-binding mediation by serving written notice (the “Dispute Notice”) on the other parties pursuant to the other partyNotice provision in Section 15. The mediation shall be conducted by a single parties may select any mediator selected by the partiesmutually agreeable to them. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery issuance of written notice pursuant the Dispute Notice, they shall, within five (5) days thereafter submit a joint request for mediation to this Section 5.1JAMS and have JAMS select an appropriate mediator with experience in resolving financial and commercial disputes, with each of the Purchaser and the Seller splitting the costs and any administrative fees of JAMS in connection with the selection of a mediator. The mediation session shall occur within thirty (30) days of the selection of the mediator unless the parties will promptly select mutually agree to extend this time, and shall be scheduled for not less than one (1) day. Each party agrees to send a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney representative with general knowledge of contract law, has no ongoing business relationship with either party and, full settlement authority to the extent necessary to mediate the particular dispute, general knowledge of the domain name systemmediation. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator The mediation shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation conducted exclusively in accordance with the rules and procedures that he or she determines following consultation with Delaware unless otherwise agreed by the parties. The parties shall discuss agree to hold the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution content of the disputemediation in confidence and further agree that the mediator is disqualified as a litigation witness for any party to the mediation. The parties further agree that the mediation shall be treated as considered to be a form of settlement discussion and negotiations, the content of which shall therefore be confidential and may not be used against either party admissible as evidence of liability or damages in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2proceeding. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in expenses, with each of the mediation. The parties shall Purchaser and the Seller paying an equal share equally of the expenses and fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In 4.1 If the event Dispute cannot be resolved by negotiation, the Dispute shall be referred to Mediation pursuant to the procedure set out below unless any Party, acting reasonably, considers that the Dispute is not suitable for mediation. 4.2 For the avoidance of doubt, nothing in this Schedule shall be taken to exclude or limit the rights of any dispute arising Party to make such applications (including but not limited to applications as to costs) as it sees fit in any proceedings, relating to the conduct of the other Party and in particular, any decision made under or in connection with this Agreement, before either party may initiate arbitration pursuant paragraph 4.1 above. 4.3 The procedure for mediation and consequential provisions relating to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditionsare as follows: (a) A party a neutral mediator (“the Mediator”) shall submit be chosen by agreement between the Parties or, if they are unable to agree upon a dispute to mediation by written notice Mediator within 10 Days after a request from one Party to the other party. The or if the Mediator agreed upon is unable or unwilling to act, either Party may apply to the Centre for Effective Dispute Resolution and Mediation (CEDR) to appoint a Mediator and the mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he of the CEDR. If the CEDR is unable or she determines following consultation unwilling to nominate a Mediator then any Party may (subject to obtaining the consent of the other(s)) approach an alternative reputable mediation body; (b) the Parties shall within 10 Days of the Mediator’s appointment meet with the partiesMediator to discuss and agree a programme for the exchange of all relevant information and the procedure to be adopted for the mediation. The parties shall discuss Either Party may ask the dispute in good faith and attempt, with the mediator’s assistance, Mediator to reach an amicable give guidance on a suitable programme for information exchange and/or mediation procedure. 4.4 If Mediation fails to achieve a resolution of the disputedispute or any part of it, any Party may ask the Mediator to provide a non-binding but informative opinion in writing. The mediation Such an opinion shall be treated as provided on a settlement discussion without prejudice basis and shall therefore be confidential and may not be used against either party in evidence in any later proceeding proceedings relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to Dispute without the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses prior written consent of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15other(s). (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event C.1 Irrespective of any dispute arising under or in connection with this Agreementother election made by claimant, before either party claimant may initiate arbitration pursuant request that his claim be referred by MSV to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other partymediator. The mediation Such claim shall be conducted referred by a single mediator selected by the parties. If the parties cannot agree on MSV to a mediator within fifteen ten (1510) calendar days of delivery claimant's request. With the consent of written notice pursuant claimant and MSV, such mediation may commence at any earlier time after the initial claim is submitted. C.2 No person shall become a Qualified Mediator or shall serve as a mediator until he/she has been trained in mediation in a recognized program such as those of the American Arbitration Association or has had equivalent practical experience in the field of mediation. C.3 Claims shall be handled by the mediator in the order received by him, to this Section 5.1, the extent practicable. Any party may be represented by legal counsel. The mediator shall meet the parties will promptly select and/or their legal representatives, individually and jointly. The claimant and a mutually acceptable mediation provider entityrepresentative of MSV with settlement authority must be present at the conference, which entity shall, as soon as practicable following such entity’s selection, designate except where claimant's physical or psychological condition prohibits attendance. Such conference shall be in the nature of a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party settlement conference and, to the extent necessary to mediate the particular disputepractical, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant conducted in a location convenient to this Section 5.1(a). (b) claimant. The mediator shall conduct review the claim and positions of the parties, the prior negotiations between the parties, the offer and demand, such information as the parties may wish to submit as to a fair and adequate settlement and all documents and medical reports relevant to the claim. At least five (5) days prior to the mediation in accordance conference, claimant and MSV shall each submit to the mediator a concise confidential statement outlining the claimant's medical condition, exposure to Manville products and each party's position on settlement value. C.4 The mediator will work with both sides toward reaching an acceptable, reasonable offer of settlement. The mediator does not have the rules and procedures that he or she determines following consultation with authority to impose a settlement upon the parties. The parties Unless otherwise agreed by claimant and MSV, the mediation process will terminate prior to the commencement of arbitration proceedings or trial and shall discuss not in any way delay the dispute in good faith commencement and attempt, with the mediator’s assistance, completion of such proceedings or trial. A settlement reached pursuant to reach an amicable resolution of the dispute. The mediation shall be treated in the same way as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to reached under Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeII.B. hereof. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration If pursuant to Section 5.2 belowArticle 15.1(b)(ii), ICANN and Registry Operator must attempt the Chief Executive Officers are not able to resolve a dispute as described therein within [***] [Confidential Treatment Required], or such longer period as the Chief Executive Officers may agree (the CEO Period), then the Parties agree to try in good faith to resolve the dispute through by non-binding mediation in accordance with for a period not to exceed [***] [Confidential Treatment Required], or such longer period as the following terms and conditions: (a) A party shall submit Parties may agree, from the date of a dispute written request by either Party to mediation by written notice to do so, provided such request is made within [***] [Confidential Treatment Required] after the other partyend of the CEO Period. The mediation shall be conducted by a single mediator selected [***] [Confidential Treatment Required] to be appointed expeditiously by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable [***] [Confidential Treatment Required] which mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation administered in accordance with the [***] [Confidential Treatment Required] mediation rules, except to the extent such rules conflict with any provision of this Article 15.3 in which event such rules shall be waived and procedures that he or she determines following consultation with the partiesapplicable provision of this Article 15.3 shall apply. Unless otherwise mutually agreed upon by the Parties, the mediation proceedings shall be conducted in [***] [Confidential Treatment Required] and conducted in English. The parties Parties agree that they shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute[***] [Confidential Treatment Required]. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as [***] [Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 belowTreatment Required]. If the parties dispute remains unresolved after such sixty ([***] [Confidential Treatment Required], then either Party shall have not resolved the right to resolve such dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowArticle 15.4.

Mediation. In Prior to the event institution of formal mediation procedures or court action the Parties will attempt to resolve any dispute dispute, claim or controversy arising under or from this Agreement by negotiation. One representative from ObtainCare and one representative from the FMO will hold a meeting upon at least five (5) business days advance notice. Such meeting will be held at a neutral location in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt the city where the non-complaining Party has its principal office. If the Parties have failed to resolve the dispute through mediation in accordance with by negotiation, the following terms and conditions: (a) A party shall Parties will submit a dispute to mediation prior to seeking resolution by written notice to the other partybinding arbitration. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on Parties will cooperate with one another in selecting a mediator within fifteen (15) calendar days from the American Arbitration Association panel of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entityneutrals, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, will be requested to promptly schedule the extent necessary to mediate the particular dispute, general knowledge of the domain name systemmediation proceedings. Any mediator must confirm The parties covenant that they will participate in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with good faith, and that they will each bear their own costs. All offers, promises, conduct and statements, whether oral or written, made in the rules and procedures that he or she determines following consultation with course of the mediation by any of the parties. The parties shall discuss the dispute in good faith , their agents, employees, experts and attemptattorneys, with and by the mediator’s assistance, are expected to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion confidential, privileged and shall therefore be confidential and may inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable will not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear rendered inadmissible or non- discoverable as a result of its own costs use in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have dispute is not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety within fourteen (9014) calendar days following from the date of the notice delivered pursuant submission of the dispute to Section 5.1(amediation (or such later date as the parties may mutually agree in writing), the mediation shall automatically terminate (unless extended by agreement administration of the arbitration will proceed forthwith. The mediation may continue, if the parties so agree, after the appointment of the arbitrators. Unless otherwise agreed by the parties) , the mediator will be disqualified from serving as arbitrator in the case. The pendency of a mediation will not preclude a party from seeking provisional remedies, such as a temporary or permanent injunction or restraining order to prevent a continuing harm to a Party, in aid of the arbitration from a court of appropriate jurisdiction, and the dispute can then proceed parties agree not to arbitration pursuant to Section 5.2 belowdefend against any application for provisional relief on the ground that a mediation is pending.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A party If the Dispute has not been resolved by negotiation as provided in Section 12.02 within thirty (30) days of the date of the Escalation Notice or such extended period as may be agreed by the Parties, or should the Parties fail to meet within the said thirty-day period, the Parties shall submit endeavour to settle the Dispute by mediation. The Party wishing to refer a dispute Dispute to mediation by shall give written notice to the other party. The (the "MEDIATION NOTICE") describing the Dispute, requiring that the Dispute be submitted to mediation shall and proposing the name of a suitable person to be conducted by a single mediator selected by the parties. appointed mediator. (b) If the parties cannot other Party rejects the proposed mediator and the Parties are unable to agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediatorMediation Notice, then either Party may request the CPR Institute for Dispute Resolution to appoint a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct from the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution CPR Panel of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeDistinguished Neutrals. (c) The mediator shall be entitled to make recommendations to the Parties which, unless the Parties agree otherwise, shall not be binding upon them. (d) The mediation shall continue until the earliest to occur of the following: (i) the Parties reach agreement as to the resolution of the Dispute, (ii) the mediator makes a finding that there is no possibility of resolution through mediation, or (iii) sixty (60) days have elapsed since the appointment of the mediator. (e) Each party Party shall bear its own costs in connection with the mediation. The parties shall share equally ; the fees and expenses disbursements of the mediator. Each party mediator shall treat information received from be borne equally by the other party pursuant Parties. (f) If the Parties accept any recommendation made by the mediator or otherwise reach agreement as to the resolution of the Dispute, such agreement shall be recorded in writing and signed by the Parties, whereupon it shall become binding upon the Parties and have, as between them, the authority of a final judgment or arbitral award (res judicata). (g) The mediation that is appropriately marked shall be confidential and neither the Parties (including their auditors and insurers) nor their counsel and any Person necessary to the conduct of the mediation nor the mediator or any other neutral involved in the mediation shall disclose the existence, content (including submissions made, positions adopted and any evidence or documents presented or exchanged), or outcome of any mediation hereunder without the prior written consent of the Parties, except as confidential (as may be required by Section 7.15Applicable Law or the applicable rules of a stock exchange. (h) as Confidential Information of such other party In the event that a Dispute is referred to arbitration in accordance with Section 7.1512.04 below, the mediator or any other neutral involved in the mediation shall not take part in the arbitration, whether as a witness or otherwise, and any recommendation made by him in connection with the mediation shall not be relied upon by either Party without the consent of the other Party and of the mediator or neutral, and neither Party shall make use or rely upon information supplied, positions adopted, or arguments raised, by the other Party in the mediation. (di) If Subject to the parties have engaged right of the Parties to seek interim or conservatory relief from a court of competent jurisdiction, as provided below in good faith participation in the mediation but have not resolved Section 12.04(e), neither Party shall be entitled to refer a Dispute to arbitration unless the dispute for any reason, either party or has first been the mediator may terminate the subject of an Escalation Notice and been referred to mediation at any time in accordance with Sections 12.02 and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below12.03.

Mediation. In Except as expressly set forth in the Restrictive Covenant Agreement, in the event of any dispute arising under concerning Employee’s employment by the Company, whether or in connection with not relating to this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN Employee and Registry Operator must the Company shall first attempt to resolve the such dispute through mediation as provided in accordance with the following terms and conditions: (a) A this Section 6.5(a); provided, however, that neither party shall submit be required to utilize such mediation procedures to the extent that injunctive relief is being sought by a party in the good faith belief that an immediate remedy is required to avoid irreparable injury to such party. Except as otherwise provided in the proviso to the immediately preceding sentence, in the event that either party desires to resolve a dispute to mediation concerning Employee’s employment by the Company, such party shall first give written notice to the other party. The mediation shall be conducted by a single mediator selected by party identifying the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution nature of the dispute. The parties shall then promptly (and, in any event, within ten business days of the giving of notice of a dispute) engage the services of an impartial, experienced employment mediator (the “Mediator”) under the auspices of JAMS/Endispute (or such other mediation service as the parties may mutually select) in Denver, Colorado, and shall promptly schedule a mediation session with the Mediator which is not later than 45 days after the date of the selection of the Mediator. The Mediator shall conduct a one-day mediation session, attended by both parties and their counsel, in an attempt to informally resolve the dispute. By oral or written agreement of both parties, follow-up or additional mediation sessions may be scheduled, but neither party shall be required to participate in more than one day of mediation. Neither party shall be required to submit briefs or position papers to the Mediator, but both parties shall have the right to do so, subject to such rules and procedures as the Mediator may establish in his or her sole discretion. Except as otherwise agreed by the parties, all written submissions to the Mediator shall remain confidential as between the submitting party and the Mediator. The mediation process shall be treated as a settlement discussion negotiation and shall therefore be confidential and no evidence introduced or statements made in the mediation process may not be used against in any way by either party or any other person in connection with any later proceeding relating subsequent litigation or other legal proceedings (except to the dispute, including extent independently obtained through discovery in such litigation or proceedings) and the disclosure of any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating privileged information to the dispute. (c) Mediator shall not operate as a waiver of the privilege with respect to such information. Each party shall bear all of its own costs in the mediationcosts, attorneys’ fees and expenses related to preparing for and attending any mediation conducted under this Agreement. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to Mediator and the mediation that service used, if any, shall be borne equally by the Company and Employee, and will be borne exclusively by the Company when such is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15law. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In Not earlier than ten working days after having advised the event other Members, in terms of any Clause 8.1, that negotiations in regard to a dispute arising under or in connection with this Agreementhave failed, before either party an aggrieved Member may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve require that the dispute be referred, without legal representation, to mediation by a single mediator. The mediator shall be selected by agreement between the Members, or, failing such agreement, by the person named for this purpose in Schedule ‘A’. The costs of the mediation shall be borne equally by all Members. The mediator shall convene a hearing of the Members and may hold separate discussions with any Member and shall assist the Members in reaching a mutually acceptable settlement of their differences through means of reconciliation, interpretation, clarification, suggestion and advice. The Members shall record such agreement in writing and thereafter they shall be bound by such agreement. The mediator is authorised to end the mediation process whenever in his opinion further efforts at mediation would not contribute to a resolution of the dispute between the Members. Arbitration Where a dispute or claim is not resolved by mediation, it shall be referred to arbitration by a single arbitrator to be selected by agreement between the Members or, failing agreement, to be nominated by the person named for this purpose in Schedule ‘A’. The Member requiring referral to arbitration shall notify the other Members, in writing, thereof, not later than thirty calendar days after the mediator has expressed his opinion, failing which the mediator’s opinion shall be deemed to have been accepted by all Members and shall be put into effect. Arbitration shall be conducted in accordance with the following terms provisions of the Arbitration Act No. 42 of 1965, as amended, and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall in accordance with such procedure as may be conducted by a single mediator selected agreed by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1Members or, the parties will promptly select a mutually acceptable mediation provider entityfailing such agreement, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules for the Conduct of Arbitrations published by the Association of Arbitrators and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation current at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that the arbitrator is ninety (90) calendar days following the date appointed. The decisions of the notice delivered pursuant to Section 5.1(a)arbitrator shall be final and binding on the Members, the mediation shall automatically terminate (unless extended by agreement be carried into immediate effect and, if necessary, be made an order of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowany court of competent jurisdiction.

Mediation. In If a claim made by the event Association or teacher of a violation, misinterpretation or misapplication of this Agreement has not been satisfactorily resolved at any dispute arising under or in connection with this AgreementStep of the grievance procedure, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through present a written request for mediation in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. Upon receipt of the request, the receiving party shall respond in writing to the requesting party within five (5) days of receipt. a) The mediation shall be conducted by Department of Education (DOE) and the Association or teacher must mutually agree to submit a single mediator selected by the partiesgrievance to mediation. If the parties cannot agree on to submit a mediator within fifteen (15) calendar days of delivery of written notice pursuant grievance to this Section 5.1mediation, the parties will promptly select a mutually acceptable time lines and procedures contained in this Agreement shall be suspended for no more than ten (10) days to accommodate the mediation provider entity, which entity shall, as soon as practicable process. b) Within five (5) days following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary agreement by the DOE and the Association to mediate the particular disputegrievance, general knowledge the respective parties shall appoint a joint mediation team composed of the domain name systemone (1) DOE representative and one (1) Association representative. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator No mediation team shall be appointed pursuant to this Section 5.1(a)directly involved in representational matters within the district in which the grievance arose. (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party mediation. d) The grievant shall treat information received from have the other party pursuant right to be present at the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15session(s). e) The mediators shall have the authority to caucus separately with either party, but shall not have the authority to compel the resolution of a grievance. The mediation process shall be limited to five (d5) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following from the date of selection, unless both parties mutually agree to extend this limit. f) Proceedings before the notice delivered pursuant mediators shall be informal in nature. There shall be no formal rules of evidence, no transcript or any formal record of the conference(s) or meeting(s). The mediators shall be instructed not to Section 5.1(a)make public any information relating to or arising from the mediation process. g) If no settlement is reached in mediation within the specified time limit, the mediation Association or teacher shall automatically terminate (unless extended by agreement notify the DOE of its intent to proceed with the next step of the parties) grievance procedure and the dispute can then proceed grievance timeline shall be reinstated. h) In the event that a mediated grievance is appealed to arbitration pursuant the next step or arbitration, there shall be no reference to Section 5.2 belowthe fact that a mediation conference was or was not held.

Mediation. In ‌ 12.01 At the event mutual agreement of both parties the following mediation process will be used in an attempt to resolve any dispute arising under or grievance that has proceeded through the steps of the Grievance Procedure outlined in connection with this Agreement, before Article 11 and that has been referred by either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must Arbitration. The intent of this process is to provide a neutral third party who will attempt to resolve the dispute through mediation grievance in accordance with the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party andtimely manner, to the extent necessary to mediate the particular dispute, general knowledge satisfaction of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a)both parties. (ba) The mediator shall conduct parties will agree on the mediation in accordance with the rules and procedures that he or she determines following consultation with the partiesindividual who will act as grievance mediator. The parties shall discuss equally share the dispute in good faith fees of the mediator and attemptthe cost of a neutral meeting space if such space is required. b) The mediation session will be attended by representatives from the Union including the CUPE National Representative or their designate, and the grievor(s) and such representation as may be chosen to represent Management. The persons attending should be familiar with the mediator’s assistance, to reach an amicable resolution content of the dispute. The mediation shall be treated as grievance and have authority to enact a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeresolution. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If Once the parties have engaged agreed in good faith participation in writing to mediate a grievance, the session shall commence within sixty (60) calendar days. In addition, should any of the applicable parties be unavailable to attend within this sixty (60) day period, then they shall appoint a substitute to attend. d) Provided the parties agree, there shall be no limit to the number of grievances submitted for a single mediated session. e) Any concessions, discussions or offers to settle the grievance, which occur during the mediation but have process, will not resolved the dispute for any reason, prejudice either party at arbitration should the matter not be resolved nor shall it be raised, discussed or relied upon at Arbitration. f) The mediation session may be conducted at the mediator workplace. This may terminate be altered at the consent of both parties. Authorized attendance at the mediation session during an employee’s scheduled hours of work shall be without loss of regular pay or benefits. g) Any resolution for grievances submitted to this mediation process shall be conditional on the agreement of both parties. Any matter unresolved at any time and the dispute can then proceed end of the mediation session may continue to arbitration pursuant to Section 5.2 below. If or be withdrawn. h) The Mediator shall not act as the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowArbitrator.

Mediation. In If a dispute arises out of or relates to this IDIQ Agreement or the event breach thereof in which the amount in controversy is $250,000 or greater, and if the dispute cannot be settled through negotiation, the parties agree first to try to settle the dispute by mediation using the procedures specified in this section prior to the commencement of any dispute arising under or legal action. The parties commit to participate in connection the proceedings in good faith with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the intention of resolving the dispute through if at all possible. a. The party seeking to initiate mediation in accordance with the following terms and conditions: (a) A party shall submit of a dispute to mediation by shall give written notice to the other party describing the nature of the dispute, the initiating party’s claim for relief and identifying one or more individuals with authority to settle the dispute on such party’s behalf. The party receiving such notice shall have five (5) business days to designate by written notice one or more individuals with authority to settle the dispute on such party’s behalf. b. The parties shall then have ten (10) business days to submit to each other a written list of acceptable qualified mediators not affiliated with any of the parties. The mediator shall possess the qualifications required under Civil Practice and Remedies Code, § 154.052, be subject to the standards and duties prescribed by Civil Practice and Remedies Code, §154.053, and have the qualified immunity prescribed by Civil Practice and Remedies Code, §154.055, if applicable. The parties shall mutually agree on the mediator. c. In consultation with the mediator selected, the parties shall promptly designate a mutually convenient time and place for the mediation, and unless circumstances require otherwise, such time to be not later than (45) days after selection of the mediator. d. The parties agree to participate in the mediation to its conclusion. The mediation shall be conducted terminated (i) by the execution of a single mediator selected settlement agreement by the parties. If , (ii) by a declaration of the parties cannot agree on mediator that the mediation is terminated, or (iii) by a mediator within fifteen (15) calendar days written declaration of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing effect that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with process is terminated at the rules and procedures that he or she determines following consultation with conclusion of one full day's mediation session. Even if the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable mediation is terminated without a resolution of the dispute. The mediation shall be treated as a settlement discussion , the parties agree not to terminate negotiations and shall therefore be confidential and may not be used against either party in to commence any later proceeding relating legal action or seek other remedies prior to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. expiration of five (c5) Each party shall bear its own costs in days following the mediation. Notwithstanding the foregoing, any party may commence litigation within such five (5) day period if litigation could be barred by an applicable statute of limitations or in order to request an injunction to prevent irreparable harm. e. The parties shall share the cost of the mediation process equally although each party’s attorneys and witnesses or specialists are the direct responsibility of each party and their fees and expenses shall be the responsibility of the mediatorindividual parties. f. The entire mediation process is confidential, and no stenographic, visual or audio record shall be made. Each party shall treat information received from All conduct, statements, promises, offers, views and opinions, whether oral or written, made in the other party pursuant to course of the mediation that is appropriately marked as by any party, their agents, employees, representatives or other invitees and by the mediator are confidential (as required by Section 7.15) as Confidential Information of such other party and shall, in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have addition and where appropriate, be deemed to be privileged and shall not resolved the dispute be discoverable or admissible for any reasonpurpose, either party including impeachment, in any litigation or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of other proceeding involving the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 below.

Mediation. In Mediation of a dispute under this Exhibit may not be commenced until the event earlier of: (i) such time as both of any the Designated Persons, after following the procedures set forth in Section 22(b), conclude in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) fifteen (15) calendar days after the date of the notice referring the dispute arising under or in connection with this Agreementto the Designated Persons, before either party may initiate arbitration pursuant to Section 5.2 below22(b). If, ICANN and Registry Operator must after such time period, the dispute remains unresolved, the Parties shall attempt to resolve the dispute through non-binding mediation in accordance with administered by the following terms and conditions: Judicial Arbitration Mediation Services (a) A party shall submit a dispute “JAMS”), or such other association as may be agreed to mediation by written notice to the other partyParties. The mediation Parties will cooperate with each other in selecting the mediator from the panel of neutral mediators knowledgeable in port operations from the JAMS, and in scheduling the time and place of the mediation. Unless otherwise agreed to by the Parties, such selection and scheduling shall be conducted by a single mediator selected by the parties. If the parties cannot agree on a mediator completed within fifteen forty-five (1545) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following after the date of the notice delivered pursuant referring the dispute to Section 5.1(a)the Designated Persons. Unless otherwise agreed to by the Parties, the mediation shall automatically terminate not be scheduled for a date that is greater than one-hundred twenty (unless extended by agreement 120) calendar days from the date of the partiesnotice referring the dispute to the Designated Persons. The Parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs (other than each Party’s individual attorneys’ fees and costs related to the Party’s participation in the mediation, which fees and costs shall be borne by such Party). Statements made by Permittee Representatives or Port Representatives during the mediation procedures set forth in this Section 22(c) and documents specifically created for such mediation procedures shall be considered part of settlement negotiations and shall not be admissible in evidence by any proceeding without the dispute can then proceed to arbitration pursuant to Section 5.2 belowmutual consent of the Parties.

Mediation. In Any dispute or difference between the event parties arising out of any dispute arising under or in connection with this AgreementAgreement that cannot be resolved by the consent of the parties’ CEOs shall be referred to mediation before any party resorts to arbitration or other dispute resolution procedure. Unless the parties agree otherwise, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation will be conducted in accordance with The CPR Mediation Procedure for Business Disputes (Revised 1998) of the following terms and conditions: (a) A party shall submit a dispute to mediation by written notice to the other party. The mediation shall be conducted CPR Institute for Dispute Resolution by a single mediator selected by the partieswho has had both training and experience as a mediator of pharmaceutical industry disputes and other general commercial matters. If the parties cannot agree on a mediator within fifteen (15) calendar days of delivery of written notice pursuant to this Section 5.1, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement the mediator shall will be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct selected by the mediation President of the CPR Institute for Dispute Resolution in accordance with the rules criteria set forth in the preceding sentence. Within thirty days after the selection of the mediator, the parties and procedures that he or she determines following consultation their respective attorneys will meet with the partiesmediator for one mediation session of at least four hours. The parties shall discuss If the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may cannot be used against either settled during such mediation session or during any mutually agreed continuation of such session, any party in any later proceeding to this Agreement may give to the mediator and the other party to this Agreement written notice declaring the mediation process at an end, and such dispute (other than as to a dispute relating to patent validity or as to a matter left to the dispute, including any discretion of a party hereunder) will be resolved by arbitration pursuant to Section 5.210(c). All discussions pursuant to this section will be confidential and will be treated as compromise and settlement discussions. Nothing said or disclosed, and no document produced, in the course of such discussions which is not independently discoverable may be offered or received as evidence or used for impeachment or for any other purpose in any arbitration or litigation. The mediator may costs of any mediation pursuant to this section will be shared equally by the parties to this Agreement. The use of mediation will not testify for be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either party, and in particular either party in any later proceeding relating to the dispute. (c) Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator. Each party shall treat information received from the may seek a preliminary injunction or other party pursuant to the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. (d) If the parties have engaged in good faith participation in the mediation but have not resolved the dispute for any reason, either party or the mediator may terminate the mediation interim judicial relief at any time and the dispute can then proceed if in its judgment such action is necessary to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date of the notice delivered pursuant to Section 5.1(a), the mediation shall automatically terminate (unless extended by agreement of the parties) and the dispute can then proceed to arbitration pursuant to Section 5.2 belowavoid irreparable damage.

Mediation. In the event of any dispute arising under or in connection with this Agreement, before either party may initiate arbitration pursuant to Section 5.2 below, ICANN and Registry Operator must attempt to resolve the dispute through mediation in accordance with the following terms and conditions: (a) A If the matter in question has not been resolved by the parties within fifteen (15) days after receipt of any Initiation Notice, and if any party wishes to pursue the matter, it shall submit a dispute to mediation initiate the following non-binding procedure (herein called "Mediation"), by written notice to the other party. Upon initiation of Mediation, the parties agree to try in good faith to settle the matter under the Commercial Mediation Rules of the American Arbitration Association before resorting to litigation. (b) The mediation Mediation shall be conducted by held within thirty (30) days after selection of a single mediator selected by Mediator. The parties shall agree on the partiesselection of one Mediator who demonstrates at least fifteen (15) years' experience with the subject matter of the Mediation. If the parties cannot agree on upon the selection of a mediator Mediator within fifteen (15) calendar days after receipt of delivery of written the notice pursuant to this Section 5.1initiating the Mediation, the parties will promptly select a mutually acceptable mediation provider entity, which entity shall, as soon as practicable following such entity’s selection, designate a mediator, who is a licensed attorney with general knowledge of contract law, has no ongoing business relationship with either party and, to the extent necessary to mediate the particular dispute, general knowledge of the domain name system. Any mediator must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or security holder of ICANN or Registry Operator. If such confirmation is not provided by the appointed mediator, then a replacement mediator Mediator shall be appointed pursuant to this Section 5.1(a). (b) The mediator shall conduct the mediation selected in accordance with the rules and procedures that he or she determines following consultation with the parties. The parties shall discuss the dispute in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution Commercial Mediation Rules of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential and may not be used against either party in any later proceeding relating to the dispute, including any arbitration pursuant to Section 5.2. The mediator may not testify for either party in any later proceeding relating to the disputeAmerican Arbitration Association. (c) Each At least five (5) business days prior to the first scheduled Mediation session, each party shall bear provide the Mediator with a brief written memorandum on the issues to be resolved, the facts surrounding the dispute and its own costs position with regard to the issues. Such memoranda shall be filed on a confidential basis and shall not be exchanged between the parties. If either party to the Mediation has a substantial need for information and documents in the mediation. The parties shall share equally the fees and expenses possession of the mediator. Each party shall treat information received from the other party pursuant in order to prepare for the mediation that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information Mediation, the parties shall attempt to agree upon the extent of and the schedule for the expeditious exchange of such other party in accordance information, with Section 7.15the help of the Mediator, if required. (d) If any such dispute, claim or controversy remains unresolved as of the parties have engaged in good faith participation in earlier of (i) the mediation but have not resolved 31st day after the dispute for any reasonfirst Mediation session, either party or (ii) the mediator may terminate the mediation at any time and the dispute can then proceed to arbitration pursuant to Section 5.2 below. If the parties have not resolved the dispute for any reason by the date that is ninety (90) calendar days following the date 61st day after receipt of the notice delivered pursuant to Section 5.1(a)initiating Mediation, or (iii) the mediation shall automatically terminate (unless extended by agreement 61st day after receipt of the parties) and notice is received by the dispute can then proceed to arbitration pursuant to Section 5.2 below.alleged