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motions. The arbitrator shall be bound by applicable federal and state law and shall render a written decision within thirty (30) days of the hearing. The arbitrator shall award the prevailing party any applicable filing fees and arbitrator's fees paid by the prevailing party. The arbitrator also may award the prevailing party attorneys' fees and costs associated with the arbitration proceeding. Judgment upon an award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that the joinder or consolidation of an arbitration proceeding under the Agreement with an arbitration of disputes or claims of any non-party to the Agreement is prohibited, regardless of the nature of the issues or disputes involved. 9.4 FAILURE TO TIMELY APPEAL — If the disputing party (the party that demands or initiates the internal provider appeal, external review, mediation, arbitration, or judicial remedy) fails to demand or initiate an internal provider appeal, external review, mediation, arbitration or judicial remedy as required by this Agreement and within the time frames prescribed in Exhibit D and this Agreement, the Company's last determination on the disputed issue(s) shall be deemed final and binding. In addition, the disputed issue(s) shall be conclusively deemed to have been waived by the disputing party and shall not be the subject of any further internal, external, judicial, or other dispute resolution process. Once the decision is deemed final, nothing in this Agreement shall prevent the prevailing party from pursuing remedies available to it, including without limitation a judicial remedy, to collect any amounts owed to it by the other party. Also, nothing in this Agreement shall prevent a party from asserting defenses, claims, causes of action or demands in response to an internal appeal, mediation, arbitration or judicial remedy initiated by the disputing party. This provision shall survive termination of this Agreement. 9.5 PRECEDENTIAL EFFECT OF DECISIONS — The parties agree that any disputes that arise under this Agreement shall be considered independently and on their own merits without regard for any other determination made by a third -party through one of the post - appeal processes or by Company through the internal provider appeal process or otherwise. The parties agree that none of the determinations made under this Agreement through one of the dispute resolution processes described above shall be used as precedent for other disputes that may arise between Company and Medical Group or between Company and any third -party. This provision shall survive termination of this Agreement. 9.6 OTHER APPEALS — In the event a dispute arises that does not meet the requirements to be reviewed through one of the other dispute resolution processes set forth herein, Medical Group may contact Medical Group's provider consultant to attempt to resolve the dispute informally or Medical Group may send a written request as outlined further in the Company's Administrative Manual. The Administrative Manual provides detailed contact information. If the dispute cannot be resolved, Medical Group may make a formal request for a meeting on the disputed issue(s) no later than ninety (90) days from the date Medical Group first raised the dispute with the Company. The request must be made in writing and provide details on the disputed issue(s) and the relief requested. The meeting may be by phone or in person and should be held within forty-five (45) days of the Company's receipt of the meeting request. The Company will provide Medical Group with a written determination of its position on the disputed issue(s) no later than thirty (30) days after the meeting. X. GENERAL PROVISIONS 10.1 SEVERADI.LITY — If any provision of this Agreement is rendered invalid or unenforceable by any state or federal statute or regulations or declared null and void by any court of Asuris MGA Agreement (Rev. 05/2017) A18816854AA Page 17 of 20