Any dispute or controversy arising under or in connection with this Agreement or the Executive’s employment with the Company, or termination thereof, other than injunctive relief under Section 10 hereof, shall be settled exclusively by arbitration, conducted before a single arbitrator in the State of Delaware in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association then in effect.  Accordingly, the Executive and the Company hereby waive any right to a jury trial.  The single arbitrator shall be selected in a manner consistent with the rules and regulations of the National Rules for the Resolution of Employment Disputes of the American Arbitration Association then in effect; provided , that, if the Company or Executive objects to the final arbitrator selected pursuant to such rules and regulations, the Company and Executive will each select an arbitrator from a roster of no less than eight neutral arbitrators provided by the American Arbitration Association, and the arbitrators selected shall select the final single arbitrator referenced above.  The decision of the arbitrator will be final and binding upon the parties hereto.  Judgment may be entered on the arbitrator’s award in any court having jurisdiction.  The parties agree to abide by all decisions and awards rendered in such proceedings.  This dispute resolution process and any arbitration hereunder shall be confidential and neither any party nor the neutral arbitrator shall disclose the existence, contents or results of such process without the prior written consent of all parties.  The arbitrator shall also: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be permitted by law; and (b) issue a written arbitration decision including the arbitrator’s essential findings and conclusions and a statement of the award.  Both the Executive and the Company shall be entitled to all rights and remedies that either the Executive or the Company would be entitled to pursue in a court of law.  Nothing in this Agreement is intended to prevent either the Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration.  The parties acknowledge and agree that in connection with any such arbitration and regardless of outcome, (a) each party shall pay all of its own costs and expenses, including, without limitation, its own legal fees and expenses, and (b) the arbitration costs, including any fees and expenses of the arbitrator, shall be borne entirely by the Company.