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parties can be obviated or minimized; (vii) whether and to what extent the direct testimony of witnesses will be received by affidavit or written witness statement; and (viii) any other matters that may promote the efficient, expeditious, and cost - effective conduct of the arbitration proceedings. Management of the Arbitration. The Arbitrator shall actively manage the proceedings as the Arbitrator deems best so as to make proceedings expeditious, economical, and less burdensome than litigation. Confidentiality. All papers, documents, briefs, written communication, testimony, and transcripts, as well as any and all arbitration decisions, shall be confidential and not disclosed to anyone other than the Arbitrator, the parties or the parties' attorneys, and expert witnesses to the extent applicable to their testimony; provided that upon prior written consent of all parties, such information may be divulged to additional third parties. All third parties shall agree in writing to keep such information confidential. (j) Hearing. Hearings may be held at any place within the State of Nebraska designated by the Arbitrator and, in the case of particular witnesses not subject to subpoena at the usual hearing site, at a place where such witnesses can be compelled to attend. (k) Final Award. Within sixty (60) days of the conclusion of the proceedings or such longer period as the parties mutually agree, the Arbitrator shall determine the claims of the parties and render a final award in writing. The Arbitrator may award the prevailing party in the proceeding all or a part of such party's reasonable attorneys' fees and expert witness fees, taking into account the final result of arbitration, the conduct of the parties and their counsel in the course of the arbitration, and other relevant factors. The Arbitrator shall not award any punitive damages. The Arbitrator shall not award indirect, consequential, or special damages, regardless of whether the possibility of such damage or loss was disclosed to or reasonably foreseen by the party against whom the claim is made; provided, however, that such damages may be deemed by the Arbitrator to be direct damages in an award reimbursing payments made by a party therefor to a third party. The Arbitrator shall assess the costs of the proceedings (including without limitation the fees of the Arbitrator) against the non - prevailing party. 11.7 Use of Funds. In the event that the Association recovers any funds as a result of a Claim involving an Alleged Defect, the funds shall first be used to correct and /or repair the Alleged Defect or to reimburse the Claimant for any costs actually incurred by such Claimant in correcting and/or repairing the Alleged Defect, and any excess funds shall be paid into the Association's reserve fund. Page 55 of 68 201309222