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• <br /> 201803290404.016 <br /> shall be one arbitrator selected by the parties within seven days of the arbitration <br /> demand or if not,then pursuant to the AAA Rules,who shall be an attorney with at least <br /> five years real estate finance experience Any issue about whether a claim must be <br /> arbitrated pursuant to this provision shall be determined by the arbitrator At the <br /> request of either party made not later than 75 days after the arbitration demand,the <br /> parties agree to submit the dispute to nonbinding mediation which shall not delay the <br /> arbitration hearing date There shall be no substantive motions or discovery,except the <br /> arbitrator shall authorize such discovery as may be necessary to ensure a fair hearing, <br /> which shall be held within 120 days of the demand and concluded within two days <br /> These time limits are not jurisdictional The arbitrator shall apply substantive law and <br /> may award injunctive relief or any other remedy available from a judge including <br /> attorney fees and costs to the prevailing party, but the arbitrator shall not have the <br /> power to award punitive damages <br /> [Signatures on the following page 1 <br /> 16 %1 <br />