Neither party hereto shall be liable to the other for indirect, incidental, consequential, special or exemplary damages (even if such party has been advised of the possibility of such damages). In no event shall Developer's liability under this agreement exceed the amount it has been paid, less expenses, for services provided. All claims shall be brought within one (1) year of the date they are or reasonably should have been discovered.
The Client and Developer agree that any controversy or claim for money damages arising out of or related to this Agreement or Developer's work with or termination by the Client that is not resolved by the parties shall be settled by arbitration administered by the American Arbitration Association under its National Rules for the Resolution of Disputes. Said arbitration shall be conducted in the state where the Developer's business is registered. The parties further agree that the arbitrator may resolve issues of contract interpretation as well as law and award damages, if any, to the extent provided by the Agreement or applicable law. The parties agree that the costs of the arbitrator’s services shall be borne by the Client. The parties further agree that the arbitrator’s decision will be final and binding and enforceable in any court of competent jurisdiction. In addition to the A.A.A.’s Arbitration Rules and unless otherwise agreed to by the parties, the following rules shall apply:
(1) Unless the arbitrator finds that delay is reasonably justified or as otherwise agreed to by the parties, all discovery shall be completed, and the arbitration hearing shall commence within (60) days after the appointment of the arbitrator.
(2) Unless the arbitrator finds that delay is reasonably justified, an award will be rendered within thirty (30) days of the completion of the hearing.
(3) The arbitrator’s authority shall include the ability to render equitable types of relief and, in such event, any aforesaid court may enter an order enjoining and/or compelling such actions or relief ordered or as found by the arbitrator. The arbitrator also shall make a determination regarding which party’s legal position in any such controversy or claim is the more substantially correct (the “Prevailing Party”) and the arbitrator shall require the other party to pay the legal and other professional fees and costs incurred by the Prevailing Party in connection with such arbitration proceeding and any necessary court action.
(4) Notwithstanding the foregoing provisions listed above, the parties expressly agree that a court of competent jurisdiction may enter a temporary restraining order or an order enjoining a breach of and/or enforcing the terms of this Agreement without submission of the underlying dispute to an arbitrator. Such remedy shall be cumulative and nonexclusive, and shall be in addition to any other remedy to which the parties may be entitled.