Extract to table

Nothing in this letter, nor in any mediation proceedings that may occur as a result of this proposal, shall constitute or be deemed to constitute a waiver, modification, or impairment of QC&S's right to compel arbitration under the Treaty, the ARIAS-U

We propose the following procedure for selection: within fourteen (14) days of Pinnacle Atlantic's acceptance of this mediation proposal, each party shall submit to the other a list of up to three (3) proposed mediators, together with a brief statement of each proposed mediator's qualifications

The parties shall thereafter confer in good faith to agree upon a mutually acceptable mediator within twenty-one (21) days of the exchange of lists

Unless both parties agree otherwise, pre-mediation statements shall be submitted to the mediator only and shall not be exchanged between the parties

Each party shall bear its own attorneys' fees, expert fees (if any), travel expenses, and other costs of participation in the mediation

All mediation communications, whether oral or written, including all pre-mediation submissions, proposals, offers, counteroffers, memoranda, notes, and any other materials prepared for or exchanged during the mediation process, shall be confidential and shall be subject to mediation privilege under applicable New York law, including New York CPLR § 4547 and any other applicable privilege or protection