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Exhibit "C" Arbitration Agreement fhe Parties hereby agree that, in order to obtain prompt and expeditious resolution of any disputes under the I loliday Kink License Agreement, each claim, dispute or controversy of whatever nature, arising out of, in connection with, or in relation to the interpretation, performance or breach of this Holiday Ice License Agreement, including without limitation any claim based on contract, tort or statute, or the arbitrability of any claim hereunder (an "Arbitrable Claim"), shall be settled by final and binding arbitration. All such Arbitrable Claims shall be settled in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association as such rules may be in effect on the date any claim is made. 'fhc arbitration shall be conducted by one arbitrator selected from a panel provided by the American Arbitration Association, one (1) selected by Licensor, and one (I) selected by L,iccnsce. Such arbitrator may not have any preexisting director indirect relationship with any party to the dispute. The arbitration shall be held in Alameda County, California. The arbitrators, in rendering the decision as to any state law claims, shall apply the laws of the State of California without regard to the application of principles of conFlicts of law. Each party hereto expressly consents to, and waives any future objections to, such forum and arbitration rules. Judgment upon any award may be entered by any state or federal court havingjurisdiction thereof. Except as required by law, neither party nor die arbitrators shall disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. Except as provided herein, the Federal Arbitration Act shall govern the interpretation, enforcement and all procedures pursuant to this 1?xhibit "C°. Adherence to this dispute resolution process shall not limit the right of the parties hereto to obtain any provisional remedy, including without limitation, injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect their respective rights and interests pending arbitration. Notwithstanding the foregoing sentence, this dispute resolution procedure is intended to be the exclusive method of resolving any Arbitrable Claims arising out ofor relating to this Holiday Rink Liccnsc Agreement. fhe arbitration procedures shall follow the substantive law of the State of California, including the provisions of statutory law dealing with arbitration, as it may exist at the time of demand for arbitration, insofar as said provisions are not in conFlict with this Agreement and specifically excepting therefrom sections of any such statute dealing with discovery and sections requiring notice of the hearing date by registered or certified mail. The Arbitrator shall determine the prevailing party and shall include in their award that party's reasonable attorneys fees and costs. Notwithstanding any provision of this I loliday Rink license Agreement to the contrary, either party hereto (or both parties jointly) may elect to submit to arbitration (a) a dispute arising under this I?xhibit "C" hereof as to whether a party is in default or noncompliance with the terms of this I loliday Rink License Agreement , or (b) where the parties have been unable to mutually agree as required or contemplated under This I loliday Rink License Agreement or (c) where one 15