Arbitration and Forum Selection

The parties shall attempt to resolve such dispute between themselves or upon mutual agreement by the intervention of an experienced mediator and upon the terms and cost allocation agreed upon.  The above notwithstanding, any disputes that cannot be resolved  shall be resolved by final and binding arbitration under the Rules of the Transportation Arbitration Board before a single arbitrator at a point mutually agreed upon in the  State of Texas. The award of the arbitrator may be enforced in any court of competent jurisdiction.