8. ALTERNATIVE DISPUTE RESOLUTION

8.1 If your Grant has “Alternative-Dispute-Resolution” tagged, then you and Accessible IP Owner agree that in the event of any Dispute, either party will first contact the other party and make a good faith sustained effort to resolve the Dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party thirty (30) days in which to respond. After the informal Dispute resolution process, any remaining Dispute relating in any way to this Access Agreement will be resolved by arbitration, including threshold questions of arbitrability of the Dispute. You and Accessible IP Owner agree that any Dispute will be settled by final and binding arbitration, using the English language, administered by _____________under its Comprehensive Arbitration Rules and Procedures then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of this Access Agreement). __________________ governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the ___________and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the ___________ Rules and will take place in_______________ . Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under this Access Agreement will take place on an individual basis – class arbitrations and class actions are not permitted.

You and the Accessible IP Owner will each pay their respective attorneys’ fees and expenses. Unless both you and Accessible IP Owner agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.