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<br />I <br /> <br />11 <br /> <br />27.6 Arbitration and waiver of jury trial. At the request at any time of the <br />Guarantor or us, any claim or controversy ("Claim") between Guarantor <br />and us, whether arising in contract or tort or by statute including, but not <br />limited to, Claims resulting from or relating to this Guaranty will, upon the <br />request of either party, be resolved by binding arbitration in accordance <br />with the Federal Arbitration Act (Title 9, U.S. Code). Arbitration <br />proceedings will be conducted in accordance with the applicable rules for <br />the arbitration of disputes of JAMS or any successor thereof. The <br />arbitration will be conducted in California, or if arbitration in California <br />would not be reasonable for Guarantor, then in a state convenient to <br />Guarantor and us. The arbitration hearing will commence within 90 days <br />of the demand for arbitration and close within 90 days of commencement, <br />and any award, which may include legal fees, will be issued (with a brief <br />written statement of the reasons therefor) within 30 days of the close of the <br />hearing. Any dispute concerning whether a claim is arbitrable or barred by <br />the statute of limitations will be determined by the arbitrator. This <br />arbitration provision is not intended to limit the right of any party to <br />exercise self-help remedies, to seek and obtain interim or provisional relief <br />of any kind or to initiate judicial or nonjudicial foreclosure against any real <br />or personal property collateral. By agreeing to binding arbitration, the <br />parties irrevocably and voluntarily waive any right they may have to a trial <br />by jury in respect of any Claim. Furthermore, if for any reason a Claim is <br />not arbitrated, the parties irrevocably and voluntarily agree to waive any <br />right to a trial by jury in respect of such Claim. <br /> <br />27.7 Expenses. Guarantor will pay all reasonable attorney fees, including <br />allocated costs of our in-house counsel, court costs and all other expenses <br />we incur in enforcing this Guaranty. The expenses covered by this <br />provision include attorney fees and costs of any arbitration proceedings <br />related to this Guaranty. <br /> <br />26 <br /> <br />I <br />