If the Party receiving the Assertion Notice provides an Arbitration Notice to the Party that sent the Assertion Notice, then notwithstanding the provisions of Section 4.1 above, the Parties shall enter binding arbitration administered by JAMS regarding the dispute over the noticed Patents as their sole and exclusive remedy for all claims of Patent infringement pertaining to the Patents specified in the Assertion Notice under the following terms: (a) the arbitration shall take place in New York City and shall be conducted by three (3) neutral arbitrators, with one neutral arbitrator to be selected by each Party from the then prevailing list of available JAMS neutral arbitrators (or as otherwise agreed by the Parties in writing) and a third arbitrator to be selected by the two party-selected arbitrators, provided that all arbitrators shall be patent attorneys and at least one is a patent litigator; (b) the arbitrators shall have the authority to determine infringement and whether proposed non-infringing alternatives or workarounds are or are not infringing, make an award of damages (with respect to the Patents subject to the Assertion Notice sent after the expiration of the Covenant Term) and determine a running royalty, (c) the arbitrators shall have no authority to issue any provisional or injunctive relief, and the Party sending the Assertion Notice waives any right to seek any provisional or injunctive relief with respect to the Patents identified in the Assertion Notice against a Party, (d) each side shall have no right to recover from the other any fees or costs incurred in connection with the arbitration, (e) the arbitrators shall have no authority to award any damages based on willfulness or any enhanced damages under 35 U.S.C. § 284 (e.g., compensatory damages only); and (f) the arbitrators decisions shall be final and binding, and each side waives any right to appeal the same, except that the Party against whom an award is made can appeal the amount of the award or the running royalty in federal court in Delaware.