9. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or violation of this Agreement, shall be settled by arbitration in accordance with the rules of JAMS, and judgment rendered by the arbitrator may be entered in any court having jurisdiction thereover. The arbitration shall be conducted in Dallas, Texas unless otherwise agreed by the parties thereto. The arbitrator shall be deemed to possess the power to issue mandatory orders and restraining orders in connection with such arbitration; provided, however, that nothing in this Section 11 shall be construed as to deny the Company the right and power to seek and obtain injunctive relief in a court of competent jurisdiction for any breach or threatened breach of Purchasers covenants and obligations contained in this Agreement.
10. Representation re Exhibits; Obligations of the Company re Exhibit A. Purchaser hereby expressly represents that Purchaser has reviewed the attached Exhibits A and B and agrees to be bound by the terms thereof. The Company expressly represents that the Company has reviewed Section 7 of Exhibit A and agrees to be bound by the terms of said Section 7 of Exhibit A.
11. Companys Representations about the Stock. The Company represents and warrants to Purchaser as follows:
(a) The authorized capitalization of the Company consists solely of 70,000,000 shares, of which 50,000,000 are Common Stock, par value $0.0001 per share, and 20,000,000 are Preferred Stock, par value $0.0001 per share.
(b) As of the Effective Date but prior to the issuance of the Stock to Purchaser, 5,356,694 shares of the Common Stock are issued and outstanding and no shares of the Preferred Stock are issued and outstanding.
(c) The Stock, when issued, will be validly issued, fully paid and non-assessable, and will not have been issued in violation of the preemptive or other rights of any person.