In the event of any dispute between Kreider and Bion over any provision of the JVA (including the Prior Agreements), Kreider and Bion agree that if they cannot resolve such dispute in 90 days (from written notice), such dispute shall be subject to resolution through binding arbitration (in Pennsylvania), which arbitration shall be by a mutually agreeable arbitrator (if the parties cannot agree on a mutual acceptable arbitrator, each shall nominate an independent third party and such third parties shall chose an arbitrator without consultation with Kreider and Bion which arbitrator shall be deemed to be mutually acceptable). The parties shall split the costs related to such arbitration.