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(4) Mediation. Subject to Section 25.02(5), if the Parties do not resolve and/or settle the dispute through the negotiations described in Section 25.02(2) and (3), all remaining disputes shall then be submitted to mediation within ten (10) Days from written notice of concluded negotiations following the Commercial Mediation Rules published by the American Arbitration Association. Unless the Parties agree otherwise, mediation shall be held in Vero Beach, Florida. This agreement to mediate and any other agreement or consent to mediate entered into in accordance with this agreement shall be specifically enforceable under the prevailing laws of Florida. Notice of the demand for mediation shall be filed in writing with the other Party to this Agreement. The demand for mediation shall be made within a reasonable time, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by any applicable statute of limitations. (5) Other Dispute Resolution Procedures. Notwithstanding the provisions set forth above in this Section 25.02, the Parties may, by mutual agreement, submit any dispute for resolution in any other manner that they may agree to in writing at the time such dispute arises; provided, however, that a Party's agreement to any such other dispute resolution procedure with respect to any particular dispute shall not act as a waiver of the right of any Party to have any other dispute resolved in accordance with the dispute resolution procedures set forth above in this Section 25.02. (6) In the event the dispute resolution procedures set forth in this Section 25.02 are unsuccessful, the provisions of Section 25.03 shall apply. (7) Confidential Settlement Context. All negotiations, discussions, offers, counter offers, data exchanges, proposed agreements and other communications between the Parties in connection with any of the pre -litigation negotiations or other dispute resolution procedures contemplated by this Section 25.02 are to be deemed as having been made, exchanged and taken in confidence subject to the confidentiality provisions hereof. Without limiting the preceding sentence, all such communications shall be deemed to be in the context of attempting to settle a disputed claim, shall not be construed, or be admitted in evidence in any related or unrelated arbitration, litigation or other adversary proceeding, as an admission or agreement as to the liability of any Party to such proceeding. However such communications may be disclosed as required by law. 25.03 Jurisdiction. The Parties hereto submit to the exclusive jurisdiction of and venue in the state courts located in Indian River County, Florida for purposes of any suit arising hereunder instituted by any party. Any party hereto not domiciled in the State of Florida expressly assents to extra -territorial service of process. 39