Except w ith respect to the Company’s enforcement of the cove nant s in SECTION 4 and SECTION 5, in the event that either Executive or the Company ( or their successor and assigns , or any other person claiming benefits on behalf of or through them) has a dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute , claim, question, or disagreement. To t hi s effect, they shall consult and negotiate with each other in good faith and, recogni z ing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties . If the parties do not reach such solution w i thin a period of 60 days, then , upon written notice by either party to the other, all such disputes , claims, questions, or differences shall be finally settled by confidential binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Employment Arbitrat i on Rules, unless such claim is precluded by law from being settled through arbitration. Such arbitrat ion shal l take place in Atlanta, Georgia. Any arbitrator selected by the parties to arb it rate any such dispute sha ll have practiced predominately in the field of employment law for no less than ten years. The arbitrator will have the power to interpret this Agreement. Any determination or decision by the arbitrator shall be binding upon the parties and may be enforced in any court of law. The parties agree that this arbitration provision does not app ly to the right of Executive to file a charge, testify, assist or participate in any manner in an investigation, hearing or proceeding before the Equal Employment Opportunity Commission or any other agency pertaining to any matters covered by this Agreement and within the jurisdiction of the agency. Both Parties agree that this arbitration clause has been bargained for by the Parties upon advice of their respective counsel.