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