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mediate, the parties to the dispute will confer and appoint a mutually acceptable mediator. If the parties are unable to agree upon the selection of a mediator within five (5) days after notice of election to mediate is given, they shall jointly petition to the Presiding Judge of a state court of competent jurisdiction to appoint a mediator. Mediation shall be conducted pursuant to the mediation rules and procedures of the mediator as consistent with applicable state law , or according to any other rules of mediation agreed to by the parties . Following selection , the mediator shall schedule a mediation conference with the parties , the duration of which shall be one day , or such longer period as the parties to the dispute may agree . Unless otherwise agreed, the mediation conference shall be held within twenty (20) days after appointment of the mediator. The place of mediation shall be a location mutually agreed upon by the parties to the dispute; however , if the parties cannot agree, the mediation will be held in Seattle , Washington . The fees and expenses of the mediator shall be borne equally by the parties to the dispute . Each party shall be responsible for its own costs and expenses incurred in connection with the mediation . 9.1.4 Other Remedies In the event the parties to a dispute cannot resolve the dispute through nonbinding mediation, either party may pursue judicial remedy in a court of competent jurisdiction . The parties agree to exhaust the dispute resolution process set forth in Sections 9.1 .1, 9.1 .2, and 9.1.3 above before pursuing judicial remedies, however by mutual consent the parties may agree to forego non-binding mediation and proceed directly to a judicial remedy. The parties consent to the jurisdiction of the Superior Court of the State of Washington, King County, and the United States District Court for the Western District of Washington, for all purposes in connection with this Agreement. 9.2 Provider Disputes Involving Participant Benefit Claims Disputes between Provider and a Payor with a Benefit Plan subject to the Employee Retirement Income Security Act of 1974 (ERISA) and not "grandfathered" under the Patient Protection and Affordable Care Act (PPACA) about an adverse benefit determination as defined in applicable regulations implementing PPACA shall be handled in accordance with ERISA and PPACA , and applicable implementing regulations, under the Payer 's reasonable claim procedure and internal and external review process. Disputes between Provider and a Payor with a fully insured Benefit Plan not "grandfathered" under PPACA about an adverse benefit determination shall be handled in accordance with PPACA , applicable implementing regulations, and applicable state law and regulations, including an internal grievance procedure of the Payor and an external review process. 9.3 No Effect on Right of Termination The provisions of this Section 9 shall not affect either party 's right to terminate this Agreement as provided fo r under Section 8.2 of this Agreement. 10. GENERAL PROVISIONS 10.1 10.2 FCHN-PRO-042016 State Regulated Payors. With respect to any Payor that is subject to the state insurance laws and regulations , the provisions set forth in Schedule C, attached hereto and incorporated into this Agreement , are fully operative and applicable to FCHN, Provider, and the respective Payers . In the event of any conflict between the provisions set forth in Schedule C and the other terms of this Agreement , Schedule C shall have priority. If Provider provides Covered Services to Participants enrolled in Benefit Plans offered or administered by Payers subject to state insurance laws and regulations of states other than as referenced in Schedule C, the corresponding specific state Schedules posted on the FCHN website or otherwise made available to Provider are added to the Agreement and apply to Provider with respect to such Payers , and Provider agrees to comply with the applicable Schedules. Amendments to Comply with Law In the event that either party to this Agreement in good faith and upon advice of legal counsel determines that this Agreement or any practices which are or could be employed in performing under this Agreement are inconsistent with or do not satisfy the requirements of any applicable state or federal laws or regulations, the parties in good faith shall undertake to amend this Agreement to comply with such laws and regulations. In the event the parties are not able to agree upon the revised terms in a timely manner, either party may terminate this Agreement immediately by giving written notice of termination to the other. 13