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i <br /> .r <br /> books, records, documents and other relevant evidence by either Party. The <br /> �C <br /> arbitrator or arbitration panel shall hold hearings in all proceedings, and shall give �) <br /> reasonable advance notice to both Parties by registered mail not less than five <br /> working days before any hearing. Appearance at a hearing waives such notice. <br /> The arbitrator or arbitration panel may hear and determine the controversy only <br /> upon evidence produced before it and may determine the controversy <br /> notwithstanding the failure of either Party duly notified to appear. The Parties are <br /> each entitled to be heard at all hearings,to present evidence material to the matter <br /> subject to arbitration, to cross-examine witnesses appearing at the hearing, and to <br /> F <br /> be represented by counsel at their own expense. A transcript shall be kept of all <br /> proceedings before the arbitrator or arbitration panel. Except as necessary for the <br /> enforcement or judicial review of the arbitration decision, the parties and arbitrator <br /> or arbitration panel shall maintain the confidentiality of all such transcripts. <br /> V. With respect to the matters submitted, the arbitrators <br /> shall have authority to: <br /> I. issue appropriate interlocutory orders to <br /> mitigate damage or prevent irreparable injury to a Party; <br /> II. render a final decision which: <br /> (A) determines or declares the rights, duties, <br /> adequacy of performance, or breach of a Party under the.agreement; <br /> and <br /> 9 <br /> 60777-0001/LEGAL 13 494078.2 <br /> 92977.1 <br />