CAROLINA, EXCEPT AS PROVIDE D BELOW WITH RESPECT TO ARBITRA TION OF SUCH MATTERS. IF THE JURY WAIVER SET FORTH IN THIS SECTION IS NOT ENFORCEABLE, THEN ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AMENDMENT OR ANY OF THE TRANSACTIONS CONTEMPLA TED HEREIN WILL BE FINALL Y SETTLED BY BINDING ARBITRA TION IN DURHAM COUNTY , NORTH CAROLINA IN ACCORDANCE WITH THE THEN-CURRENT COMMERCIAL ARBITRA TION RULES OF THE AMERICAN ARBITRA TION ASSOCIA TION BY ONE ARBITRA TOR APPOINTED IN ACCORDANCE WITH SAID RULES. THE ARBITRA TOR SHALL APPLY NORTH CAROLI NA LAW TO THE RESOLUTION OF ANY DISPUTE, WITHOUT REFERENC E TO RULES OF CONFLICTS OF LAW OR RULES OF STATUTORY ARBITRA TION. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRA TOR MAY BE ENTERED IN ANY COUR T HAVING JURISDICTION THEREOF . NOTWITHST ANDING THE FOREGOING, THE PARTIES MAY APPLY TO ANY COUR T OF COMPETENT JURISDICTION FOR PRELIMINAR Y OR INTERIM EQUIT ABLE RELIEF OR TO COMPEL ARBITRA TION IN ACCORDANCE WITH THIS PARAGRAPH. THE EXPENSES OF THE ARBITRA TION, INCLUDING THE ARBITRA TOR’S FEES, REASONABLE ATTORNEYS’ FEES AND EXPER T WITNESS FEES, INCURRED BY THE PARTIES TO THE ARBITRA TION MAY BE AWARDED TO THE PREVAILING P ARTY, IN THE DISCRETION OF THE ARBITRA TOR, OR MA Y BE APPOR TIONED BETWEEN THE PARTIES IN ANY MANNER DEEMED APPROPRIA TE BY THE ARBITRA TOR. UNLESS AND UNTIL THE ARBITRA TOR DECIDES THAT ONE PARTY IS TO PAY FOR ALL (OR A SHARE) OF SUCH EXPENSES, ALL PARTIES SHALL SHARE EQUALL Y IN THE PAYMENT OF THE ARBITRA TOR’S FEES AS AND WHEN BILLED BY THE ARBITRA TOR. 10. Conditions to Ef fectiveness . As a condition to the ef fectiveness of this Amendment, Bank shall have received, in form and substance satisfactory to Bank, the following: (a) this Amendment, duly executed by Borrower; (b) payment of all Bank Expenses, including Bank’s expenses for the documentation of this Amendment and any related documents, and any UCC, good standing or intellectual property search or filing fees, which may be debited from Borrower ’s accounts; and (c) such other documents and completion of such other matters as Bank may reasonably request. [Signatur e Page Follows]