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Any controversy or dispute between the parties relating to the validity, construction, application, enforcement or breach shall be submitted to final and binding arbitration pursuant to the rules of the American Arbitration Association and the United States Arbitration Act. Such arbitration shall take place in San Francisco, California. The outside party and Ventana Research waive their rights, if any, to have any such matters heard by a court or a jury, whether state or federal. The arbitrator shall require the losing party to reimburse the prevailing party for reasonable attorneys' fees and costs incurred in connection with such dispute, including any costs incurred in preparing for and attending the arbitration.
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