If any contest or dispute arises between the parties with respect to this Agreement or Consultant’s engagement or termination thereof, other than injunctive and equitable relief with regard to Section 9 hereof, such contest or dispute shall be submitted to binding arbitration in San Diego, California in accordance with the rules and procedures of the Commercial Arbitration Rules and the expedited arbitration procedures of the American Arbitration Association (“ AAA ”) then in effect. The decision of the arbitrator shall be final and binding on the parties and may be entered in any court of applicable jurisdiction. The parties shall split the fees of AAA and the arbitrator, which fees shall be recoverable as costs by the prevailing party pursuant to Section 12.11.