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relevant to the issues raised by any claim or counterclaim. Any dispute regarding <br />discovery, or the relevance or scope thereof, shall be determined by the arbitrator. All <br />discovery shall be completed within deadlines set by the arbitrator. <br />At the request of a party, the arbitrator shall have the discretion to order <br />examination by deposition of witnesses to the extent the azbitrator deems such additional <br />discovery relevant and appropriate. The arbitrator shall limit the number and duration of <br />depositions and shall provide for a schedule. <br />Each party shall bear its own costs and expenses and an equal share of the <br />arbitrator's fees and the administrative expenses of arbitration. The award of the <br />arbitrator shall be made within a reasonable time after submission of all evidence and the <br />arbitrator shall agree to this in advance. The award shall be in writing and shall include <br />• findings of fact and conclusions of law. <br />Within thirty (30) days of receipt of any award, any party may notify the <br />American Arbitration Association of an intent to appeal to a second arbitrator who shall <br />sit as an appeal tribunal. Selection shall be made in the same manner as the original <br />arbitrator. The appeal tribunal shall be entitled to adopt the initial award as its own, <br />modify the initial award or substitute its own award for the initial award. The appeal <br />tribunal shall not modify or replace the initial award unless it concludes that the award is <br />based upon a clear error in a conclusion of law and/or a material fact. Any appeal shall <br />be considered upon such record as the parties make before the initial arbitrator. The <br />{C0907205.1) <br /> <br />3-4.57 <br />