Extract to table

References to "TMC" or the "Company" herein shall be deemed to include TMC US as the context requires, and services rendered on behalf of TMC US shall be governed by the same terms and conditions set forth in this letter

1 Attorney-Client Privilege All communications between the Firm and TMC (including its officers, directors, employees, and agents acting on behalf of the Company) in connection with this engagement are intended to be, and shall be treated as, confidential communications protected by the attorney-client privilege and/or the work-product doctrine

Governing Law and Dispute Resolution This engagement letter, and the rights and obligations of the parties hereunder, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflicts of laws

The arbitration shall be conducted before a single arbitrator mutually agreed upon by the parties or, in the absence of agreement, appointed by the American Arbitration Association

The arbitrator's award shall be final and binding upon the parties and may be entered as a judgment in any court of competent jurisdiction

Each party shall bear its own costs and attorneys' fees incurred in connection with the arbitration, unless the arbitrator determines that a different allocation is appropriate