Any controversy , claim or dispute arising out of or relating to this Agreement , shall be settled solely and exclusively by a binding arbitration process administered by JAMS in Somerset County , New Jersey . Such arbitration shall be conducted in accordance with the then­ existing JAMS Rules of Practice and Procedure , before a sole arbitrator pursuant to its Streamlined Arbitration Rules and Procedures. The rules can be found at www.jamsadr.com/adr-rules ­ procedure s/ , or a copy will be provided upon request. T he arbitrator shall: (i) provide adequate discover y for the resolution of the dispute ; and (ii) issue a written arbitration decision , to include the arbitrator ' s essential findings and conclusions and a statement of the award . Except to the extent of filing fees Executive would incur were the matter to be litigated in court , the Company shall be responsible for the JAMS administrative fees and the arbitrator ' s fees and costs . The arbitrator shall award the prevailing Party attorneys ' fees and expert fees , if any. The Parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive . All such controversies , claims or disputes shall be settled in this manner in lieu of any action at law or equity ; provided, however, that nothin g in this subsection shall be construed as precluding the bringing of an action for injunctive relief or specific performance as provided in this Agreement or the Confidentiality Agreement. This dispute resolution process and any arbitration hereunder shall be confidential and neither any Party nor the neutral arbitrator shall disclose the existence , contents or results of such process without the prior written consent of all Parties , except where necessary or compelled in a court to enforce this arbitration provision or an award from such arbitration or otherwise in a legal proceeding . Executive and the Company understand that by agreement to arbitrate any claim pursuant to this Section 9, they will not have the right to have any claim decided by a jury or a court, but shall instead have any claim decided through arbitration. Executive and the Company waive any constitutional or other right to bring claims covered by this Agreement other than in their individual capacities. Except as may be prohibited by applicable law , the foregoing waiver includes the ability to assert claims as a plaintiff or class member in any purported class or representative proceeding.