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9.3.1 BINDING EXTERNAL REVIEW — For disputes that have exhausted the Provider Billing Dispute and Medical Necessity/Investigational Procedure Appeal Process, Medical Group may elect binding external review to resolve the disputed issue(s), if certain conditions are met. In all cases if a dispute is submitted to external review, the decision of the external reviewer is binding and the final decision on the disputed issue. Disputes submitted to external review shall not be submitted to mediation, arbitration or judicial remedy as provided herein. A description of the external review process and any prerequisites to initiating the external review process can be found in Exhibit D. Disputes that do not meet the criteria to be submitted to binding external review may be submitted to binding external review only upon mutual written agreement of the parties. 9.3.2 MANDATORY NON-BINDING MEDIATION — For disputes that have not been or cannot be submitted to external review, the disputed issue(s) must be submitted to mandatory non-binding mediation prior to seeking binding arbitration or judicial remedy, except as otherwise provided herein. Mandatory non-binding mediation must be requested within sixty (60) days following the date of the Company's decision on Medical Group's last internal provider appeal. Where Medical Group is allowed to bypass the internal provider appeal process as provided herein, mandatory non-binding mediation must be requested within sixty (60) days from the last day the Company has to timely respond to a dispute or a request for a dispute. Medical Group and the Company shall each bear their own costs of mediation and shall split equally the costs of the third -party mediator. 9.3.3 JUDICIAL REMEDY & ARBITRATION — If, after exhausting the Company's internal provider appeals process and completing mandatory non-binding mediation, either party is still dissatisfied with the outcome and wants to further dispute the issue(s), the disputing party shall elect to resolve the disputed issue(s) through judicial remedy or binding arbitration. 9.3.3.1 JUDICIAL REMEDY — If, after completing any prerequisites to judicial remedy as provided herein, the disputing party elects to resolve the dispute through judicial remedy, the parties agree to comply with the terms set forth in Section 10.7. 9.3.3.2 BINDING ARBITRATION — If, after completing any prerequisites to binding arbitration as provided herein, the Medical Group elects to resolve the dispute through final and binding arbitration, arbitration must be initiated by making a written demand for arbitration on the Company. The demand for arbitration must identify all issues on which the Medical Group seeks arbitration, the contractual provisions on which the Medical Group relies, the amount in dispute, and the relief requested. The arbitration shall be conducted within one hundred and fifty (150) miles of Medical Group's principal office address where notices under the Agreement are sent, unless the parties mutually agree to conduct the arbitration in a different location. The parties agree that the dispute shall be submitted to one (1) arbitrator selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator, they shall obtain a list of ten (10) possible arbitrators from a neutral source, such as the American Arbitration Association, and shall strike arbitrators from the list in turn, beginning with the party who won a coin toss, until only one arbitrator remains. The remaining arbitrator shall hear the dispute, unless either party shows such bias as would disqualify a judge from hearing the proceeding, in which case the arbitrator shall be the next to last name stricken. The parties shall share equally the fee of the arbitrator, excluding the filing fee, if any, incurred in commencement of the proceeding. The parties shall have the right to make substantive Asuris MGA Agreement (Rev. 05/2017) Al8816854AA Page 16 of 20