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6. Any controversy or claim between or among the parties, including but not limited to <br />those arising out of or relating to the Agreement, this Arbitration Agreement or any <br />agreements or instruments relating to or delivered in connection with them (all of which <br />collectively may be referred to as (the "Subject Documents"), and any claim based on <br />or arising from an alleged tort, shall at the request of any party to this Arbitration <br />Agreement be determined by arbitration. <br />The arbitration shall be conducted in accordance with the United States Arbitration Act <br />(Title 9, U.S. Code), notwithstanding any choice of law provision in the <br />SubjectDocuments, and under the Commercial Rules of the American Arbitration <br />Association ("AAA"). The arbitrator(s) shall resolve all claims and defenses or other <br />matters in dispute in accordance with applicable law, including without limitation thereto, <br />all statutes of limitation. Any controversy concerning whether an issue is arbitrable shall <br />be determined by the arbitrator(s). Judgment upon the arbitration award may be entered <br />in any court having jurisdiction. The institution and maintenance of an action for judicial <br />relief or pursuit of provisional or ancillary remedies shall not constitute a waiver of the <br />right of any party, including the plaintiff, to submit the controversy or claim to <br />arbitration if any other party contests such action for judicial relief. <br />7. This Agreement shall be binding upon and inure to the benefit of the parties hereto and <br />their respective heirs, successors and assigns, where permitted by this Agreement. <br />8. In the performance of the obligations set forth in this Agreement, FICAL shall have the <br />status of an independent contractor, and in no sense shall FICAL be considered an <br />employee of the CLIENT described herein. <br />9. Except as hereinbefore provided, any written notice or statement (other than termination) <br />to be given by one party to the other party hereunder must be sent by first class mail. <br />FICAL and CLIENT addresses are as follows: <br />11 <br />