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owed, shall be submitted to binding arbitration, which shall be the sole and exclusive means to resolve the dispute. <br />Either party may initiate the binding arbitration. <br />The arbitration forum and process shall be agreed to by the parties. In the event the parties cannot agree on an <br />arbitration forum and process, the matter shall be submitted to the American Arbitration Association. The <br />arbitration shall be before a panel of three arbitrators, unless the parties agree to one arbitrator, all of whom shall <br />have experience in insurance coverage of the type afforded by this Policy. If the parties select a panel of three <br />arbitrators, each party shall select an arbitrator and the chosen arbitrators shall select a third arbitrator. The <br />American Arbitration Association shall decide any disputes concerning the selection of the Arbitrators. The <br />potential arbitrators from which the arbitrators shall be selected shall not be confined to those provided by the <br />American Arbitration Association. Each party shall bear the costs of its arbitrator and shall share equally the costs <br />of the third arbitrator and arbitration process. In the event of a single arbitrator, the cost shall be shared equally by <br />the parties. The decision of the arbitration is final and binding on the parties. <br />b. All disputes regarding payment(s) owed under this Policy for any deductible or premium, including but not limited <br />to any audit premium, shall be settled by binding arbitration administered by the American Arbitration Association <br />in accordance with the AAA Expedited Procedures. This arbitration shall be the sole and exclusive means to resolve <br />the dispute. Either party may initiate the binding arbitration. <br />Each party will provide relevant documents in support of its position. In order to eliminate undue burden and <br />expense, there shall be no other discovery allowed. The arbitration will be based solely on the documents <br />submitted by the parties and there shall be no in -person or oral hearing. The disputes shall be decided by a single <br />arbitrator_ The arbitrator's decision shall be accompanied by a reasoned opinion and shall be binding upon all <br />parties. Anyjudgment or award rendered by the arbitrator may be entered in any court having jurisdiction to <br />enforce such judgment or award_ Each party shall bear its own costs and expenses and an equal share of the <br />arbitrator's fee and any administrative fees associated with the arbitration. <br />Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of <br />any arbitration hereunder without the prior written consent of both parties. <br />This Policy is amended by deleting the Transfer Of Rights Of Recovery Against Others To Us Condition and replacing it with <br />the following: <br />TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US <br />If any person or organization to or for whom we make payment under this Policy has rights to recover damages from <br />another, those rights are transferred to us. That person or organization must do nothing after loss to impair them_ At <br />our request, the insured will bring suit or transfer those rights to us and help as enforce them. <br />This Policy is amended by deleting the Legal Action Against Us Condition and replacing it with the following: <br />LEGAL ACTION AGAINST US <br />No one may bring a legal action against us underthis policy unless there has been full compliance with all of the terms <br />of this Policy. No suit, action or proceeding for the recovery of any claim under this Policy shall be sustainable in any <br />court of law or equity unless it is commenced within twelve (12) months next after discovery by the insured of the <br />occurrence which gives rise to the claim, provided however, that if by the laws of the state within which this Policy is <br />issued, such limitation is invalid then any such claims shall be void unless such action, suit or proceeding is commenced <br />within the shortest limit of time permitted by the laws of such state. We will not be liable for damages that are not <br />payable under the terms of this Polity or that are in excess of the applicable limit of Insurance. <br />CAS2007 0222 <br />Fisk MMWgMMMfDM'[Gn <br />+' REVIEWED & APPROVED BY: <br />�� Ri5kManagementSpeciaht <br />