Agmt95 First Interstate Bank - Laserfiche WebLink

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6. Any controversy or claim between or among the parties, including but not limited to those arising out of or relating to the Agreement, this Arbitration Agreement or any agreements or instruments relating to or delivered in connection with them (all of which collectively may be referred to as (the "Subject Documents"), and any claim based on or arising from an alleged tort, shall at the request of any party to this Arbitration Agreement be determined by arbitration, The arbitration shall be conducted in accordance with the United States Arbitration Act (Title 9, U.S. Code), notwithstanding any choice of law provision in the SubjectDocuments, and under the Commercial Rules of the American Arbitration Association ("AAA"). The arbitrator(s) shall resolve all claims and defenses or other matters in dispute in accordance with applicable law, including without limitation thereto, all statutes of limitation. Any controversy concerning whether an issue is arbitrable shall be determined by the arbitrator(s). Judgment upon the arbitration award may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of provisional or ancillary remedies shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. 7, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns, where permitted by this Agreement. 8. In the performance of the obligations set forth in this Agreement, FICAL shall have the status of an independent contractor, and in no sense shall FICAL be considered an employee of the CLIENT described herein. 9. Except as hereinbefore provided, any written notice or statement (other than termination) to be given by one party to the other party hereunder must be sent by first class mail. FICAL and CLIENT addresses are as follows: . 11 '...