ADR Procedures. Shall mean, for purposes of resolving disputes and other matters to the extent specifically identified as subject to such procedures as designated herein, the submission of such disputes and other matters for resolution pursuant to binding commercial arbitration by a single arbitrator, mutually acceptable to acceptable to both the Debtors and the SBC Midwest ILECS and experienced with respect to the subject matter of the dispute or matter being arbitrated, under the rules of the American
... Arbitration Association. In the event a Party elects to proceed with arbitration and the Debtors and the SBC Midwest ILECs are unable to agree upon a mutually acceptable arbitrator within ten (10) business days of a Party providing written notice of its election to proceed with arbitration (the "Arbitration Notice"), (i) the arbitration shall be before a panel of three (3) arbitrators, and (ii) the Debtors shall be entitled to select one arbitrator, the SBC Midwest ILECs shall be entitled to select one arbitrator, and the two arbitrators so selected shall select the third arbitrator. If, within ten (10) business days of receipt of the Arbitration Notice, either the Debtors or the SBC Midwest ILECs fail to select an arbitrator or if the arbitrators selected by such Parties fail or are unable to select a third arbitrator, such arbitrator shall be selected by the American Arbitration Association. None of the selected arbitrators shall be, nor shall have been, employed by either of the Parties or any of their Affiliates. The fees and costs for the arbitration shall be shared one-half by the Debtors and one-half by the SBC Midwest ILECs. Notwithstanding the foregoing, the Parties agree that any arbitrator(s) selected or appointed pursuant to this Agreement shall not be authorized to issue any relief in the form of an injunction or that is, in essence, injunctive relief.
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