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Autumn Modern & Contemporary Fine Art

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  • Pablo Picasso (1881-1973)
    Estimate
    $20,000 - $30,000
    Lot 1

    Pablo Picasso (1881-1973)

    Est.
    $20,000 - $30,000
  • Bernard Langlais (1921-1977)
    Estimate
    $6,000 - $8,000
    Lot 2

    Bernard Langlais (1921-1977)

    Est.
    $6,000 - $8,000
  • Bernard Langlais (1921-1977)
    Estimate
    $5,000 - $7,000
    Lot 3

    Bernard Langlais (1921-1977)

    Est.
    $5,000 - $7,000
  • Peter Blake (b. 1932)
    Estimate
    $15,000 - $20,000
    Lot 4

    Peter Blake (b. 1932)

    Est.
    $15,000 - $20,000
  • Melanie Pullen (b. 1975)
    Estimate
    $2,000 - $3,000
    Lot 5

    Melanie Pullen (b. 1975)

    Est.
    $2,000 - $3,000
  • Douglas Kirkland (b. 1934)
    Estimate
    $2,000 - $3,000
    Lot 6

    Douglas Kirkland (b. 1934)

    Est.
    $2,000 - $3,000
  • Fernand Fonssagrives (1910-2003)
    Estimate
    $2,000 - $3,000
    Lot 7

    Fernand Fonssagrives (1910-2003)

    Est.
    $2,000 - $3,000
  • Elisabeth Sunday (b. 1958)
    Estimate
    $500 - $700
    Lot 8

    Elisabeth Sunday (b. 1958)

    Est.
    $500 - $700
  • Mike Figgis (b. 1948)
    Estimate
    $1,500 - $2,500
    Lot 9

    Mike Figgis (b. 1948)

    Est.
    $1,500 - $2,500
  • Tom McKinley (b. 1955)
    Estimate
    $6,000 - $8,000
    Lot 10

    Tom McKinley (b. 1955)

    Est.
    $6,000 - $8,000
  • Tom McKinley (b. 1955)
    Estimate
    $6,000 - $8,000
    Lot 11

    Tom McKinley (b. 1955)

    Est.
    $6,000 - $8,000
  • Tim Bessell (b. 1957)
    Estimate
    $4,000 - $6,000
    Lot 12

    Tim Bessell (b. 1957)

    Est.
    $4,000 - $6,000
  • Lawrence Schiller (b. 1936)
    Estimate
    $6,000 - $8,000
    Lot 13

    Lawrence Schiller (b. 1936)

    Est.
    $6,000 - $8,000
  • Jean Pigozzi (b. 1952)
    Estimate
    $1,000 - $2,000
    Lot 14

    Jean Pigozzi (b. 1952)

    Est.
    $1,000 - $2,000
  • Alex Weinstein (b. 1972, Santa Monica, CA)
    Estimate
    $8,000 - $12,000
    Lot 15

    Alex Weinstein (b. 1972, Santa Monica, CA)

    Est.
    $8,000 - $12,000
  • Alex Weinstein (b. 1972, Santa Monica, CA)
    Estimate
    $8,000 - $12,000
    Lot 16

    Alex Weinstein (b. 1972, Santa Monica, CA)

    Est.
    $8,000 - $12,000
  • Nan Goldin (b. 1935)
    Estimate
    $3,000 - $5,000
    Lot 17

    Nan Goldin (b. 1935)

    Est.
    $3,000 - $5,000
  • Miles Aldridge (b. 1964)
    Estimate
    $3,000 - $5,000
    Lot 18

    Miles Aldridge (b. 1964)

    Est.
    $3,000 - $5,000
  • BJ & Richeille Formento & Formento (b. 1964 and b. 1975)
    Estimate
    $1,000 - $2,000
    Lot 19

    BJ & Richeille Formento & Formento (b. 1964 and b. 1975...

    Est.
    $1,000 - $2,000
  • Amanda Charchian (b. 1988)
    Estimate
    $1,000 - $2,000
    Lot 20

    Amanda Charchian (b. 1988)

    Est.
    $1,000 - $2,000
  • Amanda Charchian (b. 1988)
    Estimate
    $1,000 - $2,000
    Lot 21

    Amanda Charchian (b. 1988)

    Est.
    $1,000 - $2,000
  • Raymond Pettibon (b. 1957)
    Estimate
    $25,000 - $35,000
    Lot 22

    Raymond Pettibon (b. 1957)

    Est.
    $25,000 - $35,000
  • Max Steven Grossman (b. 1971)
    Estimate
    $7,000 - $10,000
    Lot 23

    Max Steven Grossman (b. 1971)

    Est.
    $7,000 - $10,000
  • Jenny Holzer (b. 1950)
    Estimate
    $50,000 - $70,000
    Lot 24

    Jenny Holzer (b. 1950)

    Est.
    $50,000 - $70,000
  • Robert Natkin (1930-2010)
    Estimate
    $10,000 - $15,000
    Lot 25

    Robert Natkin (1930-2010)

    Est.
    $10,000 - $15,000
  • Robert S. Neuman (1926-2015)
    Estimate
    $8,000 - $12,000
    Lot 26

    Robert S. Neuman (1926-2015)

    Est.
    $8,000 - $12,000
  • Robert S. Neuman (1926-2015)
    Estimate
    $4,000 - $6,000
    Lot 27

    Robert S. Neuman (1926-2015)

    Est.
    $4,000 - $6,000
  • Don Smith (b. 20th century)
    Estimate
    $1,000 - $1,500
    Lot 28

    Don Smith (b. 20th century)

    Est.
    $1,000 - $1,500
  • Josh Smith (b. 1976)
    Estimate
    $50,000 - $70,000
    Lot 29

    Josh Smith (b. 1976)

    Est.
    $50,000 - $70,000
  • John Killmaster (b. 1934)
    Estimate
    $1,000 - $1,500
    Lot 30

    John Killmaster (b. 1934)

    Est.
    $1,000 - $1,500
  • Jean Jansem (1920-2013)
    Estimate
    $4,000 - $6,000
    Lot 31

    Jean Jansem (1920-2013)

    Est.
    $4,000 - $6,000
  • Paul Resika (b. 1928)
    Estimate
    $2,500 - $3,500
    Lot 32

    Paul Resika (b. 1928)

    Est.
    $2,500 - $3,500
  • Richard Miller (1922-2004)
    Estimate
    $1,000 - $1,500
    Lot 33

    Richard Miller (1922-2004)

    Est.
    $1,000 - $1,500
  • Herb Ritts (1952-2002)
    Estimate
    $4,000 - $6,000
    Lot 34

    Herb Ritts (1952-2002)

    Est.
    $4,000 - $6,000
  • Herb Ritts (1952-2002)
    Estimate
    $4,000 - $6,000
    Lot 35

    Herb Ritts (1952-2002)

    Est.
    $4,000 - $6,000
  • Herb Ritts (1952-2003)
    Estimate
    $1,000 - $2,000
    Lot 36

    Herb Ritts (1952-2003)

    Est.
    $1,000 - $2,000
  • Edward Higgins (b. 1930)
    Estimate
    $3,000 - $5,000
    Lot 37

    Edward Higgins (b. 1930)

    Est.
    $3,000 - $5,000
  • Alexander Calder (1898-1976)
    Estimate
    $4,000 - $6,000
    Lot 39

    Alexander Calder (1898-1976)

    Est.
    $4,000 - $6,000
  • Joan Miro (1893-1983)
    Estimate
    $8,000 - $12,000
    Lot 40

    Joan Miro (1893-1983)

    Est.
    $8,000 - $12,000
  • Steve Gianakos (b. 1938)
    Estimate
    $3,000 - $5,000
    Lot 41

    Steve Gianakos (b. 1938)

    Est.
    $3,000 - $5,000
  • Margaret Keane (1927-2022)
    Estimate
    $5,000 - $7,000
    Lot 42

    Margaret Keane (1927-2022)

    Est.
    $5,000 - $7,000
  • Gottfried Kumpf (b. 1930)
    Estimate
    $18,000 - $22,000
    Lot 43

    Gottfried Kumpf (b. 1930)

    Est.
    $18,000 - $22,000
  • Tarmo Pasto (1906-1986)
    Estimate
    $2,000 - $3,000
    Lot 44

    Tarmo Pasto (1906-1986)

    Est.
    $2,000 - $3,000
  • Wolf Kahn (1927-2020)
    Estimate
    $1,500 - $2,500
    Lot 45

    Wolf Kahn (1927-2020)

    Est.
    $1,500 - $2,500
  • Georges Jouve (1910-1964)
    Estimate
    $5,000 - $7,000
    Lot 46

    Georges Jouve (1910-1964)

    Est.
    $5,000 - $7,000
  • Jay Milder (b. 1934)
    Estimate
    $1,000 - $1,500
    Lot 47

    Jay Milder (b. 1934)

    Est.
    $1,000 - $1,500
  • Guido Monteverde (20th century)
    Estimate
    $1,000 - $2,000
    Lot 48

    Guido Monteverde (20th century)

    Est.
    $1,000 - $2,000
  • Lea Nikel (1918-2005)
    Estimate
    $12,000 - $18,000
    Lot 49

    Lea Nikel (1918-2005)

    Est.
    $12,000 - $18,000

Auction Description

Autumn Modern & Contemporary Fine Art by John Moran Auctioneers
Moran's Autumn Modern and Contemporary fine art sale features blue-chip, mid-career, and up and coming artists in a collection of over 80 works. Highlights include light and space artist such as James Turrell or one the most notable feminist artist of her time, Judy Chicago. Multiples by Josef Albers, Joan Miro, and Pablo Picasso among a large collection of midcentury and contemporary photographs by Doug Aitken, Herb Ritts, Melanie Pullen, and Lawrence Schiller. Notable sculptural works by Tim Bessell, Jean-Michel Othoniel, Peter Blake, and more. All property being offered is from private collections Read more
John Moran Auctioneers
Monrovia, CA 91016
United States

info@johnmoran.com

Phone:+16267931833

Buyer’s Premium *

Start Premium (%)
$0 30.00
$500,001 23.00
$1,000,001 20.00

*Step Down BP Calculation Applied

Bid Increments

Start Increments ($)
$0 $25
$500 $50
$1,000 $100
$2,000 $250
$5,000 $500
$10,000 $1,000
$20,000 $2,500
$50,000 $5,000
$100,000 $10,000
$200,000 $25,000
$500,000 $50,000
$1,000,000 $100,000

Shipping Info

Shipping. As a courtesy to buyers, Moran provides a list of preferred shippers who are in the business of transporting antiques and works of art. Buyers are responsible for arranging their own shipping estimates and deliveries. Moran, in its sole discretion and as a courtesy to buyers, may arrange to have purchased lots packed, insured, and forwarded by a third-party shipper at the request, expense, and risk of the buyer. In circumstances where Moran arranges for such third-party services, Moran may apply an administration charge of 15% of that service fee. Moran assumes no responsibility for acts or omissions in such packing or shipping by other packers or carriers, even if recommended by Moran. Moran also assumes no responsibility for any damage to picture frames or to the glass therein. Buyers are strongly encouraged to collect purchased items from the sale site at the time of the auction. Packing material and labor are provided free of charge at the sale site during the auction. Packing and handling of purchased lots is undertaken by Moran solely as a convenience to customers. If a buyer opts to use this courtesy packing and handling service, Moran is not liable for damage to property, regardless of cause. Following the auction, uncollected lots shall be relocated to and stored in Moran's warehouse. Moran shall retain possession of all purchases until full payment has been received from the buyer. Lots remaining uncollected after the fifth business day following the sale, regardless of payment status, are subject to a per-lot daily storage charge of $10.00. In addition to other remedies available by law, Moran reserves the right to impose upon delinquent buyers a separate 1% monthly charge (of the purchase price, or the maximum permitted by law) commencing on the sixth business day after the sale date. If a buyer fails to retrieve a purchased lot within thirty (30) days after the date of sale (the "Retrieval Period"), Moran may, without further notice, (a) continue to store the lot in Moran's warehouse, or at the warehouse of a third-party, subject to the storage charge described above; (b) deliver the lot to the buyer at the buyer's expense; or (c) sell the lot at auction without reserve at a place and time determined by Moran in its sole discretion. Notwithstanding the foregoing, Moran has no duty to store any lot indefinitely. Any purchased lot that remains in Moran's possession sixty (60) days after the Retrieval Period (collectively, ninety (90) days) will be deemed abandoned ("Abandoned Property") and title to it will pass to Moran. Moran may, in its sole discretion, discard or sell any Abandoned Property and may keep any proceeds from any such sale. Moran may not be held liable for any claims related to Abandoned Property. Moran is not responsible for damage or loss that occurs to Abandoned Property and Moran is not responsible for insuring Abandoned Property after the Retrieval Period. Read more

Terms & Conditions

TERMS AND CONDITIONS OF SALE These Terms and Conditions of Sale ("Terms") set out the terms by which the sale or purchase of property at auction through John Moran Auctioneers, Inc. ("Moran") will be governed. These Terms constitute a legal and binding agreement between You and Moran. 1. AUCTION HOUSE AS AGENT. Except as otherwise expressly stated in writing, Moran acts as an agent for the seller. Thus, any contract for the sale of property through Moran is made between the respective seller and buyer. 2. BEFORE THE AUCTION a. Public Preview. All property is available for inspection by public or private preview according to the auction information posted online and in the catalogue. In many cases, particular lots can be examined in advance by private appointment by contacting a customer service representative at info@johnmoran.com or by dialing 626-793-1833. Prospective buyers are strongly encouraged to personally examine any property in which they are interested. b. Buyer's Responsibility. Buyers are responsible for determining to their own satisfaction the true nature and condition of any lot prior to bidding. Though buyers are not legally required to inspect lots prior to purchase, failure to do so may constitute a waiver of complaint that an item was not delivered in a condition equal to the existent condition at the auction. c. Property Sold "As Is": Neither Moran nor the seller provides any guarantee in relation to the nature of the property, or to any errors or omissions in the catalogue or supplemental material, apart from the Limited Warranty stated in Section 5 below. ALL PROPERTY IS SOLD "AS IS." Condition reports are offered as a courtesy and are typically published in Moran's catalogue, or online, or can be made available upon request. The absence of a condition report does not imply than an item is free from defects or restoration, nor does reference to particular defects imply the absence of others. 3. AT THE AUCTION a. Admission. Moran's auction is open to the public, although Moran reserves the right to, in its sole discretion, refuse admission or participation to anyone at any time. The auction may be recorded (visually, aurally, or otherwise) and all participants or attendees at the auction consent to such recording. b. Buyer Registration. Prospective buyers must register with Moran before bidding. Moran may, in its sole discretion, require identification, financial references, or a deposit in advance of buyer eligibility. Registered bidders accept personal liability to pay the purchase price, including the Buyer's Premium, as described in Section 4(a) below, plus all applicable charges, unless Moran agrees in advance that the bidder is acting as agent on behalf of an identified third party that Moran, in its sole discretion, deems acceptable. In such case, Moran will look to the third party for payment. c. Bidding Guidelines. Bidding, whether in person or by agent, absentee bid, telephone, or internet, constitutes a bidder's acceptance of these Terms. The highest bidder acknowledged by the auctioneer shall be the buyer. The auctioneer retains the absolute right to reject any bid; withdraw, pass, or divide any lots; combine multiple lots; advance the bidding at their absolute discretion; and--in the case of error or dispute, whether during or after the sale--determine the successful bidder; continue the bidding; cancel the sale; or re-offer and sell the lot in question. Under no circumstances are sellers, or agents acting on their behalf, permitted to bid on their own property. In the event of any dispute after the auction, Moran's sale record shall be conclusive as to the successful bidder and the price of the successful bid. d. Absentee, Telephone, and Internet Bidding. Moran offers absentee, telephone, and internet bidding as a convenience to clients and does not accept liability for errors or failures to execute bids. Absentee and telephone bids must be recognized by Moran prior to auction day. When identical absentee bids are submitted that become the highest bids at the auction, the bid first received by Moran shall be accepted as the winning bid. Telephone bidders are encouraged to leave minimum bids in case of technical failure. e. Reserves. Unless Moran expressly indicates otherwise, lots may be offered subject to a reserve, which is the confidential minimum price below which the lot will not be sold. The reserve for any lot shall not exceed its published estimate. Moran shall act to protect the reserve by bidding through the auctioneer, who may open bidding on any lot below the reserve by placing a bid on the seller's behalf. The auctioneer may continue to bid on behalf of the seller up to the reserve amount, either by placing consecutive bids or by placing bids in response to other bidders. Lots without reserves are typically opened for bidding at 50% of their low estimate. In the absence of a bid at that level, the auctioneer may proceed backwards at their discretion or deem the lot unsold if a bid is not recognized. 4. AFTER THE AUCTION a. Payment and Title Transfer. The buyer agrees to pay the sum of the hammer price plus Buyer's Premium, plus any applicable sales tax. The Buyer's Premium will be calculated as follows: 25% on the first $500,000 of the hammer price, plus 18% on any amount between $500,001 and $1,000,000, and 15% on any amount above $1,000,000 when paying by cash, check, or wire transfer. Successful bidders using Live Auctioneers or Bidsquare platforms will be charged a Buyer's Premium calculated as follows: 30% on the first $500,000 of the hammer price, plus 23% on any amount between $500,001 and $1,000,000, and 20% on any amount above $1,000,000 when paying by cash, check, or wire transfer Credit card payments will be subject to an additional 3.5% acceptance fee. This fee is not more than the cost of accepting these cards. Buyers outside the United States must submit payment via wire transfer. Credit cards are not an accepted form of payment for buyers outside the United States. Buyers are strongly encouraged to provide full payment at the auction. Payment must be received by Moran within five business days immediately following the auction. The buyer does not acquire title to and may not take possession of the lot until all amounts (including the hammer price, premium, and applicable taxes) due to Moran have been paid in full. b. Collection. Buyers are strongly encouraged to collect purchased items from the sale site at the time of the auction. Packing material and labor are provided free of charge at the sale site during the auction. Packing and handling of purchased lots is undertaken by Moran solely as a convenience to customers. If a buyer opts to use this courtesy packing and handling service, Moran is not liable for damage to property, regardless of cause. c. Storage and Abandonment. Following the auction, uncollected lots shall be relocated to and stored in Moran's warehouse. Moran shall retain possession of all purchases until full payment has been received from the buyer. Lots remaining uncollected after the fifth business day following the sale, regardless of payment status, are subject to a per-lot daily storage charge of $10.00. In addition to other remedies available by law, Moran reserves the right to impose upon delinquent buyers a separate 1% monthly charge (of the purchase price, or the maximum permitted by law) commencing on the sixth business day after the sale date. If a buyer fails to retrieve a purchased lot within thirty (30) days after the date of sale (the "Retrieval Period"), Moran may, without further notice, (a) continue to store the lot in Moran's warehouse, or at the warehouse of a third-party, subject to the storage charge described above; (b) deliver the lot to the buyer at the buyer's expense; or (c) sell the lot at auction without reserve at a place and time determined by Moran in its sole discretion. d. Consequences of Late Pick-Up/Abandoned Property. Notwithstanding the foregoing, Moran has no duty to store any lot indefinitely. Any purchased lot that remains in Moran's possession sixty (60) days after the Retrieval Period (collectively, ninety (90) days) will be deemed abandoned ("Abandoned Property") and title to it will pass to Moran. Moran may, in its sole discretion, discard or sell any Abandoned Property and may keep any proceeds from any such sale. Moran may not be held liable for any claims related to Abandoned Property. Moran is not responsible for damage or loss that occurs to Abandoned Property and Moran is not responsible for insuring Abandoned Property after the Retrieval Period. e. Shipping. As a courtesy to buyers, Moran provides a list of preferred shippers who are in the business of transporting antiques and works of art. Buyers are responsible for arranging their own shipping estimates and deliveries. Moran, in its sole discretion and as a courtesy to buyers, may arrange to have purchased lots packed, insured, and forwarded by a third-party shipper at the request, expense, and risk of the buyer. In circumstances where Moran arranges for such third-party services, Moran may apply an administration charge of 15% of that service fee. Moran assumes no responsibility for acts or omissions in such packing or shipping by other packers or carriers, even if recommended by Moran. Moran also assumes no responsibility for any damage to picture frames or to the glass therein. f. All Sales Final. Notwithstanding other terms mentioned herein, refunds may be given in Moran's sole discretion. Refunds requested on the grounds of authenticity must be made within 180 days of the auction and accompanied by a supporting written statement from a recognized authority (defined as a person who has authored, edited, or substantially contributed to a monograph on the artist; a person who has curated, organized, or substantially contributed to a solo exhibition on the artist; or a person who has represented the artist's estate or someone who represented or worked closely with the artist while they were alive and, in any of the foregoing instances, physically handled works of the period, medium, and subject matter in question during the course of their duties) stating that the object sold is incorrect or not the work of the artist. Dealers, appraisers, and representatives of other auction firms do not qualify as authenticators of individual artists unless they have had such specific involvement with that artist's work, as specified above, in addition to their daily duties. Refunded lots must be returned to Moran in the same condition as when sold. Moran does not grant extensions to refund considerations based upon authenticity due to shipping delays. There are no exceptions to this refund policy. 5. LIABILITY AND LIMITED WARRANTY a. Liability. The buyer expressly agrees that (i) neither Moran nor the seller shall be liable, in whole or in part, for any special, indirect, or consequential damages, including, without limitation, loss of profits, and (ii) the buyer's damages, if any, are limited exclusively to the original purchase price paid for the lot. b. Limited Warranty. ALL PROPERTY IS SOLD AS IS. Neither the seller nor Moran or its associates make any representation, express or implied, warranty (including merchantability and fitness), or guarantee in condition, age, size, provenance, medium, signature, inscription, exhibition history, importance, rarity, country of origin, genuineness, historical relevance, monetary or other value, framing or lack thereof, mounting, conservation, coloring, palette, inscription, edition, style, label, or other descriptor. No statement in the catalogue, brochures, website, bill of sale, invoice, any supplementary material, or statements by any Moran employee shall be deemed a warranty, representation or assumption of liability. c. Descriptions. No warranty, whether express or implied, is made with respect to any description contained in this auction or any second opinion. Any description of the items or second opinion is for the courtesy of identifying the items for those bidders who do not have the opportunity to view the lots in person, and no description of items has been made part of the basis of the transaction or has created any express warranty that the goods would conform to any description made by the auctioneer. Color variations can be expected in any electronic or printed imaging and are not grounds for the return of any lot. d. Estimates. All estimates provided are carefully considered opinions of Moran's specialists and are merely suggested guidelines for interested buyers. Buyers must be aware that all property sold is subject to fluctuating values depending on the subjective interests of collectors and a wide variety of other uncontrollable factors. The lots auctioned may sell at prices above, within, or below estimate. e. Notices, Demands, and Refunds. Any demands for refunds, problems with the lot(s) sold or notices of any kind concerning the auction shall be made (1) in writing and addressed to John Moran Auctioneers, Inc, 145 East Walnut Avenue, Monrovia, CA 91016 or (2) via email at info@johnmoran.com. 6. ADDITIONAL MATTERS a. Copyright. The copyright on all images, illustrations, and written material produced by or for Moran for its auction is and will remain at all times the property of Moran. Moran and the seller make no representation or warranty that the buyer will acquire any copyright or reproduction rights to a purchased lot. b. Buyer's Breach of Conditions. If a buyer fails to comply with any of these Terms, Moran may, in addition to asserting all remedies available by law, including the right to hold that buyer liable for the purchase price, (i) cancel the sale, retaining as liquidated damages any payment made by the buyer; (ii) resell the property without reserve at public auction or privately upon notice to the buyer; or (iii) take such other action as Moran deems necessary or appropriate. If Moran resells the property, the original defaulting buyer shall be liable for the payment of any deficiency between the original sale price and any subsequent mitigation sale, including warehousing, the expenses of both sales, reasonable attorney's fees, commissions, incidental damages, and all other charges due hereunder. In the event that such buyer pays a portion of the purchase price for any property, Moran's shall apply the payment received to such property that Moran, in its sole discretion, deems appropriate. Moran shall have the benefit of all rights of a secured party under the Uniform Commercial Code as adopted in the State of California. c. Governing Law. The rights and obligations of the parties with respect to these Terms and the conduct of the auction shall be governed and interpreted by the laws of the State of California. d. Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by private arbitration before an arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause does not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. In any arbitration arising out of or related to these Terms, the arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a Party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. e. Severability. Should any of these conditions be deemed unenforceable, invalid, or illegal in any court having jurisdiction, that part shall be severed from these Terms and shall have no effect on the enforceability of the remaining provisions contained herein, which shall remain valid to the fullest extent permitted by law.