<ol> <li>The parties agree to submit any dispute arising out of or in connection with this Agreement to binding arbitration in British Columbia before an arbitrator agreed to by both parties and subject to the rules of the Canadian arbitration process. The parties agree that such arbitration will be in lieu of either party's rights to assert any claim, demand or suit in any court action, (provided that either party may elect either binding arbitration or a court action with respect to obtaining injunctive relief to terminate the violation by the other party of such party's proprietary rights, including, without limitation any trade secrets, copyrights or trademarks).