In the event such Disputes cannot be resolved after discussion amongst staff of both
parties, the following shall apply: (i) Senior executives from both Parties shall meet only for the purposes
of resolving such Disputes.
13.4 Meeting to Resolve Disputes. In the event that any Disputes remain unresolved after the
Parties have exhausted the procedures set out above, the President or majority owner of each Party
shall meet within thirty (30) days of the notice of the dispute, at a mutually agreeable place and date to
resolve such Dispute.
13.5 Mediation or Arbitration. If the Parties cannot resolve any Disputes pursuant to this
Article within a reasonable time or fail to agree to a place and date to meet, then such Disputes,
including any question regarding the existence, validity or termination of this Agreement, shall at
Global’s discretion be referred to and finally resolved by a 3
rd
party Independent Mediator agreed to by
the parties or arbitration (or if applicable litigation) in the Republic of Singapore. If the dispute is
referred to arbitration than arbitration shall be conducted in accordance with the Arbitration Rules of
the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be
incorporated by reference in this Article. The Tribunal shall consist of one (1) arbitrator. The language of
the arbitration shall be English. The cost of either Mediation or Arbitration shall be borne equally by
both parties.
13.6 Limitation of Liability. Under no circumstances will either Party be liable to the other
Party for any consequential, punitive or indirect damages.
13.7 Specific Performance. The Parties acknowledge and agree that each Party would be
irreparably damaged if the provisions of this Agreement were not capable of being specifically enforced,
and for this reason, the Parties agree that the provisions of this Agreement shall be specifically
enforceable. The Parties further agree that any act or failure to act which does not strictly comply with
the provisions and conditions of this Agreement may be specifically restrained, and that the equitable
relief provided for in this Agreement shall not in any way limit or deny any other remedy at law or in
equity that either might otherwise have.
13.8 Attorneys’ Fees. In any arbitration, legal action or proceeding brought to enforce any
provision of this Agreement or arising out of, or in connection with, this Agreement, the prevailing Party
shall be entitled to recover from the other Party its reasonable attorneys’ fees and costs in addition to
any other relief that may be awarded.
13.9 Claims against Franchise Owner. By entering into this Agreement you acknowledge that
Global and the Franchise Owner have a contractual relationship which requires Global to provide the
Franchise Owner with certain protections from and indemnification for claims (which is defined in the
broadest sense and includes litigation in a court of law and arbitration) and in consideration of its
importance in this System and its inability to manage and supervise your activities, you agree, by
entering into this Agreement, to waive (and make no claim) any and all claims you may have or develop
during the term of this Agreement, against the Franchise Owner. You further agree that your breach of
this provision may subject you to payment of an award to the prevailing party of their legal fees and
costs as described in the section above.