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Lawyers, other representatives, expert(s), tribunal’s secretary

Final Award

[1].
We, the undersigned arbitrators, having been designated in accordance with the arbitration agreement entered into between the above-named parties GENERAL COMPONENTS, INC. ("GCI," "Claimant") and FUJIKIN, INC. ("Fujikin," "Respondent") on July 8, 1994 and having been duly sworn and having duly heard the proofs and allegations of the parties, and having rendered a Partial Final Award, dated February 7, 2013, and having issued a Disposition of Application for Modification/Clarification of Partial Final Award, dated April 4, 2013, do hereby find as follows.
[2].
As part of the Order Denying Fujikin's Motions for Partial Final Awards Granting Injunctive and Monetary Relief, dated October 1, 2013 (the "Order"), the Panel ordered each party to (i) confirm that it has no additional claims to assert in the pending arbitration and (ii) indicate whether it has any further substantial probative evidence to present.
[3].
In compliance with this Order, each party confirmed it had no additional claims and no additional evidence for consideration by the Panel prior to issuance of a Final Award. In view of these representations, the hearings were declared closed as of October 16, 2013. Additionally, in view of those representations and the Order, all of Fujikin’s counterclaims are being dismissed with prejudice.
[4].
On October 18, 2013, counsel for Respondent Fujikin sent the Panel a request for a particular apportionment of arbitrator fees. The Panel has not received any opposition from counsel for Claimant GCI. The Panel has carefully considered Fujikin’s request.

AWARD

[5].
WE, the UNDERSIGNED ARBITRATORS, hereby HOLD, ORDER, and AWARD as follows:

1. The Partial Final Award, dated February 7, 2013, denying GCI’s claims, and the Disposition of Application for Modification/Clarification of Partial Final Award, dated April 4, 2013, denying the GCI's request to modify Partial Final Award, are incorporated herein by reference.

2. All of Fujikin’s counterclaims are dismissed with prejudice.

3. In accordance with the agreement of the parties, each party shall bear (a) the fees of the arbitrator it selected to sit on the Panel and (b) one-half of the fees of the Panel Chair. Therefore, the fees of the arbitrators, totaling US$199,702.43, shall be borne by the parties as follows: US$115,467.46 by GCI and US$84,234.97 by Fujikin.

4. The administrative fees of the International Centre for Dispute Resolution ("ICDR"), a division of the American Arbitration Association, totaling US$15,050.00, shall be borne by the parties equally: US$7,525.00 by GCI and US$7,525.00 by Fujikin.

5. Thus, within thirty (30) days from the date of this FINAL AWARD GCI shall reimburse Fujikin the sum of US$56,982.46, representing that portion of the arbitrators’ and administrative fees in excess of the apportioned costs previously incurred and paid by Fujikin.

6. In accordance with Section 8.12.4 of the Patent License Agreement, "[e]ach party shall bear its own costs and legal fees..."

7. This FINAL AWARD is in full settlement of all claims and counterclaims submitted to this Arbitration.

8. This FINAL AWARD may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

[6].
We hereby certify that, for the purposes of Article I of The New York Convention of 1958, on the Recognition and Enforcement of Foreign Arbitral Awards, this FINAL AWARD was made in New York, New York, United States of America.
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