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Wisconsin In-Network Transportation Provider Checklist

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the dispute shall be referred for binding arbitration in accordance with thecommercial dispute arbitration rules of the American ArbitrationAssociation. Each party shall bear its own costs and expenses and anequal share of the arbitrators' fees and other administrative fees related tothe arbitration. Judgment upon an award in arbitration may be entered inany court of competent jurisdiction, or application may be made to suchcourt for a judicial acceptance of the award and enforcement, as the law ofthe state having jurisdiction may require or allow. The provisions of thisSection shall survive the termination of this Agreement. The arbitrator(s)assigned to the case may construe or interpret but shall not vary or ignorethe terms of this Agreement and shall be bound by controlling law. Thearbitrator(s) shall have no authority to award punitive, exemplary, indirector special damages, except in connection with a statutory claim thatexplicitly provides fur such relief. The provisions of this Section shallsurvive the termination of this Agreement.ix.Severability. If any provision of this Agreement is held invalid by law,rule, order or regulation of any relevant government, or by the finaldetermination of a court of last resort, such invalidity shall not effect (a)the other provisions of this Agreement; (b) the application of suchprovision to any other circumstances other than that with respect to whichthis Agreement was found to be unenforceable, or (c) the validity orenforceability of this Agreement as a whole. The parties hereto agree tonegotiate in good faith to replace any provision found to be unenforceableso that the economic effects of this Agreement for each party remain thesame.x. Waiver. Any delay or omission by either party to exercise any right orremedy under this Agreement shall not be construed to be a waiver of anysuch right or remedy or any other right or remedy hereunder. Except asotherwise explicitly set forth herein, all of the rights of either party underthis Agreement are cumulative and may be exercised separately orconcurrently.xi.Entire Agreement. This Agreement contains the entire agreement of theparties with respect to its subject matter and supersedes all prior oral orwritten agreements or understanding regarding the same subject matter.The parties have not created and do not intend to create by this Agreementany enforceable rights in any third party under this Agreement, including,but without limitation, Members and Vendors. The parties acknowledgeand agree that there are no third party beneficiaries to this Agreement.EXECUTION PAGE FOLLOWS<strong>Wisconsin</strong> NET ProgramVersion: March 25 2011Page 23

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