If you and Daybreak are unable to resolve any Dispute through Negotiation or if either you or Daybreak refuses to comply with the provisions of any written Negotiation settlement, then, except for any Excluded Disputes (as hereinafter defined), SUCH DISPUTES WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR (“<strong>Arbitration</strong>”) INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AND Daybreak AGREE THAT YOU AND Daybreak ARE WAIVING THE RIGHT TO TRIAL BY A JURY.