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Thank you for your question. Please permit me to assist you with your concerns.I do not see the second clause affect you if the other party is the breaching party--the language speaks to a breach on your end. granted, if you file against them, they can use that as an argument that they are now irreparably harmed by your breach, but it is a bit of a stretch because it simply states that in case arbitration does not work AND you are found liable, you are then liable for additional costs and fees, something that they would have to first prove in court. It would not nillify arbitration, it simply means that in case of breach on your end they can go to court for an injunction and stop further injury to themselves. Beyond that the claims would be resolved in arbitration first.Good luck.
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