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controversy originating from this Agreement, but specifically excluding any dispute principally <br />related to either party ’s IP Rights (which will be resolved in litigation before the United States <br />District Court for the Northern District of California), will be determined by binding arbitration <br />in San Francisco, California before a single arbitrator. <br />(b) The American Arbitration Association will administrate the arbitration under its <br />Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration <br />Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or <br />counterclaim exceeds $75,000 USD (excluding interest, attorneys’ fees and arbitration fees <br />and costs). Where no party’s claim exceeds $25,000 USD (excluding interest, attorneys’ fees <br />and arbitration fees and costs), and in other cases where the parties agree, Section E-6 of the <br />Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules <br />will apply. <br />(c) The arbitrator will apply the substantive law of the State of California and of the United <br />States, excluding their conflict or choice of law rules. <br />(d) Nothing in this Agreement will preclude the parties from seeking provisional remedies in <br />aid of arbitration from a court of appropriate jurisdiction. <br />(e) The parties acknowledge that this Agreement evidences a transaction involving interstate <br />commerce. Notwithstanding the provisions in this Section 13 referencing applicable <br />substantive law, the Federal Arbitration Act (9 U.S.C. Sections 1-16) will govern any arbitration <br />conducted in accordance with this Agreement. <br />13.3 Arbitration Procedure. <br />(a) A party must notif y the other party of its intent to commence arbitration prior to <br />commencing arbitration. The notice must specif y the date on which the arbitration demand is <br />intended to be filed, which must be at least 30 days after the date of the notice. During this <br />time period, the parties will meet for the purpose of resolving the dispute prior to commencing <br />arbitration. <br />(b) Subject to Section 13.3(a) of these General Terms, each party may commence arbitration by <br />providing to the American Arbitration Association and the other party to the dispute a written <br />demand for arbitration, stating the subject of the dispute and the relief requested. <br />(c) Subject to the disclaimers and limitations of liability stated in this Agreement , the <br />appointed arbitrators may award monetary damages and any other remedies allowed by the <br />laws of the State of California. In making a determination, the arbitrator will not have the <br />authority to modify any term of this Agreement. The arbitrator will deliver a reasoned, written