THIS ARBITRATION SHALL BE GOVERNED BY AND UNDER THE COMMERCIAL ARBITRATION RULES OF JUDICIAL AND MEDIATION SERVICES (“JAMS”). THE COST OF THE ARBITRATION SHALL INITIALLY BE SHARED BY THE PARTIES, HOWEVER, THE ARBITRATOR SHALL HAVE THE AUTHORITY TO ASSESS ARBITRATION COSTS IN FAVOR OF THE PREVAILING PARTY. SHOULD THE LAW PROHIBIT THIS, THEN CLIENT’S OBLIGATIONS TO SHARE IN THE ARBITRATION COSTS SHALL BE MODIFIED SO AS TO COMPLY WITH LAW. THIS AGREEMENT TO ARBITRATE SHALL BE SUBJECT TO THE LAWS AND PROCEDURES FOR THE STATE OF CALIFORNIA AND/OR THE FEDERAL ARBITRATION ACT AND THE LAW TO BE APPLIED IN THE ARBITRATION SHALL EXCLUSIVELY BE THE LAWS OF THE STATE OF CALIFORNIA.