Arbitration.
(a) Any dispute, claim, or controversy arising out of or relating to this Agreement,
or the interpretation, validity, breach, termination, or enforcement of this Agreement,
including the determination of the scope or applicability of this agreement to arbitrate,
shall be determined by arbitration conducted in [Denver, Colorado] or at such other
place as the parties hereto may agree. The arbitration shall be conducted by an
arbitrator selected by the parties from the then-active arbitrators of Mediation
Arbitration Team LLC ("MAT") and shall be conducted pursuant to the MAT Arbitration
Rules in effect on the date notice of arbitration is given. Judgment on the award
of the arbitration may be entered in any court having jurisdiction. This clause
shall not preclude the parties from seeking provisional remedies in aid of arbitration
from a court of appropriate jurisdiction.
(b) If for any reason MAT cannot provide arbitration services, the arbitration shall
nevertheless be conducted pursuant to the MAT Arbitration Rules by an arbitrator
and consulting arbitrator selected by agreement of the parties. If the parties cannot
agree on the arbitrator and consulting arbitrator, the arbitrator and consulting
arbitrator shall be designated by the then-presiding judge of the District Court
in and for [the City and County of Denver, State of Colorado].
[OPTIONAL]
(c) The award of the arbitrator shall grant attorney fees and costs, including the
fees of the arbitration, to the prevailing party.