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0 • 12. WAIVER OF JURY TRIAL THE PARTIES EACH AGREE THAT ANY DISi'UTE AND ANY LEGAL ACTION COMMENCED BY OR AGAINST EITHER PARTY SHALL BE RESOLVED (SUBJECT TO ARMTRATiON AS PROVIDED BELOW) BY A COURT WITHOUT A JURY, AND PACK PARTY NAIVES ITS RIGHT TO A JURY A5 TO ANY DISPUTES OR CLAIMS ARISING UNDER OR RELATING TO THIS AGREEMENT, WHETIIER FOR BREACH OR ENFORCEMENT OF CONTRACT, TORT OR OTHERWISE, INCLUDiNG ANY DISPUrrs AS DESCRIBED BELOW. Each party acknowledges that jury trials are slower and more expensive than court trials without juries, and, considering then nature of the complex technology and other issues which may give rise to Disputes, that a judge may be better trained than a random jury to evaluate tate foreseeable expert witnesses and other technology evidence. 13. ARBITRATION Any and all Disputes (as defined below) between or involving Seller and Subscriber shall be resolved by arbitration conducted by three arbitrators in accordance with the Commercial Arbitration Rules of the American Arbitration Association [the "AAA"] (as enhanced by any special rules and procedures for Year 2000 related disputes and in accordance with the Federal Arbitration Act, and in accordance with the applicable law and express terms specified in the Agreement). The arbitration shall be conducted expeditiously at a convenient site determined by the arbitrators within 100 miles of Seller's executive office in Virginia. The arbitratur selected directly by each party shall be a lawyer with at least 10 years of practice experience, a material part of which involves representing clients with respect to transactions involving the sale of technological goods that operate in conjunction with computer software or fimlware. The third, neutral arbitrator selected by the other two arbitrators shall be either an experienced technology officer with expertise in transactions involving comparable goods and software and with related Year 2000 Readiness issues, or an experienced lawyer with sufficient knowledge and comparable experience in order to be able himself to judge with certainty which of conflicting experts for each party is correct in his or her opinion regarding such technology transactions and Year 2000 Readiness issues. The decision of the arbitrators shall be reported by with their written findings or fact and conclusions of paw in accordance with this Agreement following applicable law. The arbitrators shalt use their best efforts to reach that decision within six (G) months from the date when the initial arbitration request is made, and the arbitrators shall direct the process accordingly to attempt to accommodate that timing. As used herein the term "Disputes" means any and all disputes, controversies, claims or causes of action of every kind, whether arising frorn any alleged breach of contract or warranty, tort, violation of Iauv, right to equitable relief or other legal or equitable theory, in any way, directly or indirectly, arising out of or from or relating to this Agreement or any prior contract, warranty, communication or conduct relating to subscriber's System, Seller's Soliware or any services provided hereunder. Whenever Subscriber wishes to enforce any or its rights or claims with respect to any Dispute in any legal action or arbitration, Subscriber tnust cunnnence the arbitration within one year from the date on which the cause of action would have first arisen with respect to that 'Dispute under applicable lane, and all claims and causes or action of every kind not properly asserted within that one year period shall be forever barred as to any an() all Disputes. la. NO THIRD PANTV BENTsFiCIARIES, ASSIGNMENT The provisions of this Agreemein are solely for the benctit of Subscriber and Seller and no other person. No otter person or third party is intended to be beneficiary of mar is entitled to rely upon or enforce any of the terns and provisions of this Agreement or to assert any claim for any nonperformance of this Agreement by any party. This Agreement may not be assigned by either Seller or Subscriber without the prior written consent of the other party. l"he terms and provisions of this Agreement shall inure to the benefit ol'and be binding upon Subscriber and Seller and their respective permitted successors and perrnnittcd assignees (il anyj.