Indemnity Clause <p>You shall defend, indemnify, and hold harmless MYKI, Inc. and its affiliates, officers, directors, employees, agents, successors and permitted assigns against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorneys’ fees, in connection with any third-party claim, suit, action, or proceeding arising out of or resulting from a material breach of any representation, warranty, or obligation set forth in this Agreement, including bodily injury, death of any person, or damage to real or tangible personal property resulting from the negligent or wilful acts or omissions of MYKI Inc.</p> Arbitration Clause <p>If a controversy or claim should arise, you and MYKI, Inc. will attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, you and MYKI, Inc. will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding and conclusive on the parties. The parties agree that there shall be no pre-arbitration discovery and the arbitrator shall not award punitive damages to either of the parties.