Any and all disputes, claims, or controversies between the parties (specifically including, but not being limited to, any assignee of a party) arising out of or relating to this Agreement, including the breach thereof, or arising out of Employee’s employment with or termination from the Company, regardless of whether those are claims under common law or under statutory law, that are not resolved by their mutual agreement shall be submitted to final and binding arbitration before JAMS, or its successor, at JAMS’ office in San Francisco, California, pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq . as set forth in Sections 23 through Section 27 of the Proprietary Information Agreement.  Sections 23 through Sections 27 of the Proprietary Information Agreement are incorporated herein by reference and shall apply mutatis mutandis to this Agreement.  Pursuant to Ca. Code Civ. Proc. § 1281.8(b), the Company and Employee may apply to a court in San Francisco, California, for injunctive relief pending the outcome of arbitration.