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SECTION 9 - Remedies for Defaults (a) (b) In the event Customer defaults under this Agreement, NORESCO may: (i) bring actions for any remedies available at law or in equity or other appropriate proceedings for the recovery of direct damages, (including amounts past due). In the event NORESCO defaults under this Agreement, Customer may: (i) bring actions for any remedies at law or in equity or other appropriate proceedings for the recovery of direct damages. SECTION 10 - Dispute Resolution (a) (b) (c) In the event of any Customer dissatisfaction with the System, Customer shall deliver a written notice setting forth in reasonable detail the matter in question to NORESCO. Any complaint or dispute which cannot be settled by negotiation between the Parties within sixty (60) days of such notice may upon the request of either party be submitted to arbitration pursuant to paragraph (b). Any dispute, controversy, or claim arising out of or relating to this Agreement, or any breach or alleged breach thereof, shall, upon the request of any party, be submitted to and settled by arbitration in conformance with the Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive on the parties, and a judgment therein may be entered only in a state or federal court having jurisdiction. The expense of arbitration shall be borne equally by the parties, provided that each party shall pay for and bear the cost of its own experts, evidence, and counsel. No request for arbitration or pending arbitration shall: (i) suspend or otherwise affect the Customer's obligation to pay any applicable invoices submitted by NORESCO as provided in Section 2 ; and (ii) NORESCO 's duties to continue to perform its obligations under this Agreement. -6- 12/12/00