Common use of Arbitration and Class Action Waiver Clause in Contracts

Arbitration and Class Action Waiver. Executive and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effect.

Arbitration and Class Action Waiver. Executive Contractor and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to ExecutiveContractor’s employment service with the Company and the termination thereofCompany, including, but not limited to, claims for breach of contract and unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, harassment based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”)provision. Further, to the fullest extent permitted by law, Executive Contractor and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in ExecutiveContractor’s or the Company’s 's individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Regardless of anything else in this Paragraph, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU CONTRACTOR AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s your right to file administrative claims Executive you may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s your ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The Any arbitration shall be conducted in BostonAtlanta, Massachusetts Georgia through JAMS the American Arbitration Association (“AAA”) before a single neutral arbitrator, in accordance with the JAMS AAA employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effect.

Arbitration and Class Action Waiver. Executive You and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s employment your service with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, ) based upon any federal, state or local ordinance, statute, regulation or constitutional provision provision, except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, however, restricts your right, if any, to file in court a representative action under California Labor Code Sections 2698, et seq. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s your right to file administrative claims Executive you may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s your ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in BostonLos Angeles County, Massachusetts California through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is you are unable to access these rules, please let the Company know and Executive the Company will be provided provide you with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive In the event of arbitration relating to this Agreement or your service with the Company, each of you and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceablewill bear its own costs, it shall be severed and the remaining provisions shall remain in full force and effectincluding, without limitation, attorneys’ fees.

Arbitration and Class Action Waiver. Executive You and the Company Credit Union agree that we shall attempt to submit to mandatory binding arbitration informally settle and resolve any and all claims disputes arising out of, affecting, or relating in any way to your accounts, or the products or services the Credit Union has provided, will provide or has offered to provide to you, and/or any aspect of or related to Executive’s employment your relationship with the Company and Credit Union (hereafter referred to as the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). FurtherIf that cannot be done, to the fullest extent permitted by law, Executive and the Company then you agree that no class any and all Claims that are threatened, made, filed or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or initiated after the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in Effective Date (defined below) of this Arbitration and Class Action Waiver section restricts Executive’s right provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to pursue claims conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) or JAMS in accordance with applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA and JAMS websites free of charge at xxx.xxx.xxx or xxx.xxxxxxx.xxx; or, a copy of the Rules can be obtained at any credit union branch upon request. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) on a representative action basis under applicable law or making written demand for arbitration upon the other party, (b) for any alleged sexual harassment initiating arbitration against the other party, or any alleged unlawful discriminatory practices related (c) filing a motion to sexual harassmentcompel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, U.S. Code to the fullest extent permitted possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by lawa federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to: (1) actions that are initiated in or transferred to small claims court or a comparable court of limited monetary jurisdiction, so long as they are prosecuted individually; (2) claims arising out of or relating to a mortgage loan subject to 15 U.S.C. §§ 1601 et seq; (3) claims that are exempt from arbitration shall be pursuant to the exclusive remedy for the subject matter of such administrative claims. The Military Lending Act, 10 U.S.C. § 987; and (4) any other claims that are exempt from arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable pursuant to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision federal or state law that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effectexpressly prohibits arbitration.

Arbitration and Class Action Waiver. Executive You and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s your employment or service with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, ) based upon any federal, state or local ordinance, statute, regulation or constitutional provision provision, except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, however, restricts your right, if any, to file in court a representative action under California Labor Code Sections 2698, et seq. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s your right to file administrative claims Executive you may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s your ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in BostonSanta Xxxxx County, Massachusetts California through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is you are unable to access these rules, please let the Company know and Executive the Company will be provided provide you with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive In the event of arbitration relating to this Agreement or your service with the Company, each of you and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceablewill bear its own costs, it shall be severed and the remaining provisions shall remain in full force and effectincluding, without limitation, attorneys’ fees.

Arbitration and Class Action Waiver. Executive You and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s your employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, ) based upon any federal, state or local ordinance, statute, regulation or constitutional provision provision, except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, however, restricts your right, if any, to file in court a representative action under California Labor Code Sections 2698, et seq. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Employment Agreement does not restrict Executive’s your right to file administrative claims Executive you may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s your ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in BostonLos Angeles County, Massachusetts California through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is you are unable to access these rules, please let the Company know and Executive the Company will be provided provide you with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive In the event of arbitration relating to this Employment Agreement or your service with the Company, each of you and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceablewill bear its own costs, it shall be severed and the remaining provisions shall remain in full force and effectincluding, without limitation, attorneys’ fees.

Arbitration and Class Action Waiver. Executive and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, ) based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company me know and I will provide Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effect.

Arbitration and Class Action Waiver. Executive and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s employment or service with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options Company options, Company RSUs or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, ) based upon any federal, state or local ordinance, statute, regulation or constitutional provision provision, except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, however, restricts your right, if any, to file in court a representative action under California Labor Code Sections 2698, et seq. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU EXECUTIVE AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employeeExecutive’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in BostonSanta Xxxxx County, Massachusetts California through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, Executive should please let the Company know and the Company will provide Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. In the event of arbitration relating to this Agreement or Executive’s service with the Company, each of Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceablewill bear its own costs, it shall be severed and the remaining provisions shall remain in full force and effectincluding, without limitation, attorneys’ fees.

Arbitration and Class Action Waiver. Executive Please read this Arbitration Agreement (as defined below) carefully. It is part of your contract with FleetCor and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Company agree Site or to submit any other aspect of your relationship with FleetCor related to mandatory these Terms of Use will be resolved by binding arbitration any arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or FleetCor may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims arising out that arose before this or any prior agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST FLEETCOR ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH FLEETCOR, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST FLEETCOR IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must follow the rules and procedures for initiating and pursuing an arbitration of American Arbitration Association, which are available at xxx.xxx.xxx or related by calling AAA at 0-000-000-0000. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to Executiveyour then current billing address, or at some other place to which you and we agree in writing. At any time, you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s employment with rules. We will reimburse those fees for claims totaling less than $10,000 unless the Company arbitrator determines the claims are frivolous. Likewise, FleetCor will not seek attorneys’ fees and costs in arbitration unless the termination thereofarbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock to any claim that all or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation part of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration Agreement is void or voidable. The arbitration will decide the rights and Class Action Waiver section restricts Executive’s right liabilities, if any, of you and FleetCor. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to pursue claims in court (a) on a representative action basis grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employeearbitral forum’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopythese Terms of Use. The arbitrator shall will issue a written award and statement of decision that contains describing the essential findings and conclusions on which the decision award is based, including the calculation of any damages awarded. Executive The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and FleetCor. Waiver of Jury Trial. YOU AND FLEETCOR EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and FleetCor are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the Company agree that same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and FleetCor over whether to vacate or enforce an arbitration award, you and FleetCor waive all rights to a jury trial, and elect instead to have a judge resolve the dispute. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion waiver of this provision be found class or consolidated actions is deemed invalid or unenforceable, it shall neither you nor FleetCor is entitled to arbitration. Instead, all claims and disputes will then be severed resolved in a court as set forth in Section 3 (Governing Law and the remaining provisions shall remain in full force and effectJurisdiction) above.

Arbitration and Class Action Waiver. Executive To the extent permitted by applicable law, you and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s your employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, ) based upon any federal, state or local ordinance, statute, regulation or constitutional provision provision, except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, however, restricts your right, if any, to file in court a representative action under California Labor Code Sections 2698, et seq. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Employment Agreement does not restrict Executive’s your right to file administrative claims Executive you may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s your ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in BostonLos Angeles County, Massachusetts California through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is you are unable to access these rules, please let the Company know and Executive the Company will be provided provide you with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive In the event of arbitration relating to this Employment Agreement or your service with the Company, each of you and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceablewill bear its own costs, it shall be severed and the remaining provisions shall remain in full force and effectincluding, without limitation, attorneys’ fees.

Arbitration and Class Action Waiver. Executive The Company and the Company I agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s my employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, ) based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and the Company and I agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s my or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, however, restricts my right to pursue claims in court: (a) on a representative action under applicable law, or (b) arising under the Washington State Law Against Discrimination (RCW 49.60, et seq.) or any federal anti-discrimination law. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything This agreement to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement arbitrate does not restrict Executive’s my right to file administrative claims Executive I may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims, except for the resolution of claims of discrimination. The arbitration shall be conducted in BostonSeattle, Massachusetts Washington through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is you are unable to access these rules, please let the Company me know and Executive I will be provided provide you with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that If, for any reason, any term of this Arbitration and Class Action Waiver Provision provision is held to be invalid or unenforceable, all other valid terms and conditions herein shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceableseverable in nature, it shall be severed and the remaining provisions shall remain in full force and effectfully enforceable.]

Arbitration and Class Action Waiver. Executive You and the Company Credit Union agree that we shall attempt to submit to mandatory binding arbitration informally settle any and all claims disputes arising out of, affecting, or relating in any way to your accounts, or the products or services the Credit Union has provided, will provide or has offered to provide to you, and/or any aspect of or related to Executive’s employment your relationship with the Company and Credit Union (hereafter referred to as the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). FurtherIf that cannot be done, to the fullest extent permitted by law, Executive and the Company then you agree that no class any and all Claims that are threatened, made, filed or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or initiated after the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in Effective Date (defined below) of this Arbitration and Class Action Waiver section restricts Executive’s right provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to pursue claims conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained at any bank branch upon request. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) on a representative action basis under applicable law or making written demand for arbitration upon the other party, (b) for any alleged sexual harassment initiating arbitration against the other party, or any alleged unlawful discriminatory practices related (c) filing a motion to sexual harassmentcompel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). This Arbitration Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter shall be interpreted and enforced in accordance with the Federal Arbitration Act set forth in Title 9 of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, U.S. Code to the fullest extent permitted possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration Agreement does not prevent you from submitting any issue relating to your accounts for review or consideration by lawa federal, arbitration state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall be the exclusive remedy for the subject matter not apply to actions that are initiated in or transferred to small claims court or a comparable court of such administrative claims. The arbitration shall be conducted in Bostonlimited monetary jurisdiction, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effectso long as they are prosecuted individually.

Arbitration and Class Action Waiver. Executive User and IK agree that any dispute, claim, or controversy that relates to or arises from these Terms of Service or the Company agree Services other than any claim or demand that relates to submit to the Intellectual Property Rights of IK or arising under Section 6 will be determined by mandatory binding arbitration individual (not class) arbitration. User and IK further agree that the arbitrator shall have the exclusive power to rule on its own jurisdiction, including any objections with respect to the existence, scope or validity of any provision of these Terms of Service or to the arbitrability of any claim or counterclaim. Notwithstanding the above, User and all IK both agree that neither of us waive or limit our rights to: (a) bring an individual action in a U.S. small claims arising out of court; or related to Executive’s employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock (b) bring an individual action seeking only temporary or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek preliminary individualized injunctive relief in a court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and pending a final ruling from the Company agree that no class or collective actions can be asserted in arbitration or otherwisearbitrator. All claimsEXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, whether in arbitration or otherwiseALL DISPUTES, must be brought solely in Executive’s or the Company’s individual capacityCLAIMS, and not as a plaintiff or class member in any purported class or collective proceeding. AND CONTROVERSIES THAT RELATE TO THESE TERMS OR OUR SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND CUSTOMER AGREES THAT IK AND CUSTOMER ARE EACH WAIVING THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY RIGHT TO SUE IN COURT AND TO HAVE TO A TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMSA JURY. THE PARTIES FURTHER WAIVE CUSTOMER AGREES THAT ANY RIGHTS THEY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND CUSTOMER HEREBY AGREE THAT YOU MAY HAVE TO PURSUE OR NOT AND WILL NOT PARTICIPATE IN A CLASS ACTION OR COLLECTIVE ACTION PERTAINING TO REPRESENTATIVE ACTION, AS A PLAINTIFF OR CLASS MEMBER IN ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANYSUCH ACTION. Notwithstanding anything Unless both User and IK agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executiveextent necessary to provide relief warranted by that party’s right to pursue claims in individual claim. If a court (a) on a representative action basis under decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Either User or IK may start arbitration proceedings. Any arbitration between User and IK will take place under the Consumer Arbitration Rules of the American Arbitration place in Raleigh, North Carolina. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (bsignature required), or in the event that we do not have a physical address on file for User, by email (“Notice”). The Notice must: (1) for any alleged sexual harassment describe the nature and basis of the claim or any alleged unlawful discriminatory practices related dispute; and (2) set forth the specific relief sought. We agree to sexual harassment. This Agreement does not restrict Executive’s right use good faith efforts to file administrative claims Executive may bring before any government agency where, as a matter of law, resolve the parties may not restrict the employee’s ability to file such claims (includingclaim directly, but if we do not limited toreach an agreement to do so within thirty (30) days after the Notice is received, User or IK may commence an arbitration proceeding. All documents and information disclosed in the National Labor Relations Board, course of the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed kept strictly confidential by the Federal Arbitration Act. Should recipient and shall not be used by the recipient for any portion purpose other than for purposes of this provision the arbitration or the enforcement of the arbitrator’s decision and award and shall not be found unenforceable, it shall be severed and the remaining provisions shall remain disclosed except in full force and effectconfidence to persons who have a need to know for such purposes or as required by applicable law.

Arbitration and Class Action Waiver. Executive Please read this Arbitration Agreement (as defined below) carefully. It is part of your contract with FleetCor and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Company agree Site or to submit any other aspect of your relationship with FleetCor related to mandatory these Terms of Use will be resolved by binding arbitration any arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or FleetCor may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims arising out that arose before this or any prior agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST FLEETCOR ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH FLEETCOR, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST FLEETCOR IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company, 00 Xxxxxxxxxx Xxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxx, XX, 00000. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at xxx.xxx.xxx or by calling the AAA at 0-000-000-0000. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, FleetCor will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Arbitrator Powers. The arbitrator, and not any federal, state, or related local court or agency, shall have exclusive authority to Executive’s employment with resolve any dispute relating to the Company and the termination thereofinterpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock to any claim that all or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation part of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration Agreement is void or voidable. The arbitration will decide the rights and Class Action Waiver section restricts Executive’s right liabilities, if any, of you and FleetCor. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to pursue claims in court (a) on a representative action basis grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employeearbitral forum’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopythese Terms of Use. The arbitrator shall will issue a written award and statement of decision that contains describing the essential findings and conclusions on which the decision award is based, including the calculation of any damages awarded. Executive The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and FleetCor. Waiver of Jury Trial. YOU AND FLEETCOR EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and FleetCor are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the Company agree that same damages and relief as a court and must follow these Terms of Use as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and FleetCor over whether to vacate or enforce an arbitration award, you and FleetCor waive all rights to a jury trial, and elect instead to have a judge resolve the dispute. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion waiver of this provision be found class or consolidated actions is deemed invalid or unenforceable, it shall neither you nor FleetCor is entitled to arbitration. Instead, all claims and disputes will then be severed resolved in a court as set forth in Section 3 (Governing Law and the remaining provisions shall remain in full force and effectJurisdiction) above.

Arbitration and Class Action Waiver. Executive Vendor and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to ExecutiveVendor’s employment service with the Company and the termination thereofCompany, including, but not limited to, claims for breach of contract and unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, harassment based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”)provision. Further, to the fullest extent permitted by law, Executive Vendor and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in ExecutiveVendor’s or the Company’s 's individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Regardless of anything else in this Paragraph, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU VENDOR AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s your right to file administrative claims Executive you may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s your ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The Any arbitration shall be conducted in BostonAtlanta, Massachusetts Georgia through JAMS the American Arbitration Association (“AAA”) before a single neutral arbitrator, in accordance with the JAMS AAA employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effect.

Arbitration and Class Action Waiver. Executive Lindora and I agree that arbitration administered by JAMS, Inc. in accordance with its JAMS Comprehensive Arbitration Rules and Procedures (the Company agree to submit to mandatory binding arbitration “JAMS Rules”) will be the sole and exclusive method for resolving any and all claims claim or dispute arising out of or related relating to Executivethe rights and obligations of the parties under this agreement. Xxxxxxx and I further agree that (i) one arbitrator will be appointed pursuant to the JAMS Rules to conduct any such arbitration, (ii) all meetings of the parties and all hearings with respect to any such arbitration will take place in Orange County, California and (iii) all costs and expenses of the arbitration proceeding (such as filing fees, the arbitrator’s employment with fees and hearing expenses) will be borne equally by the Company parties; provided, however, that the arbitrator will, in the award, allocate all such costs and expenses against the termination thereofparty who did not prevail in the arbitration. The decision, includingjudgment, but not limited toruling, claims for unpaid wagesfinding, wrongful termination, torts, stock or stock options award or other ownership interest determination of any arbitration under the JAMS Rules will be final, conclusive and binding on Lindora and I; provided, however, that nothing in this agreement will prohibit any party from instituting litigation to enforce any final decision, judgment, ruling, finding, award or other determination of the arbitration. I UNDERSTAND AND AGREE THAT THE ARBITRATION OF DISPUTES AND CLAIMS UNDER THIS AGREEMENT SHALL BE INSTEAD OF A COURT TRIAL BEFORE A JUDGE AND/OR A JURY. I understand and agree that, by signing this agreement, I am expressly waiving any and all rights to a trial before a judge and/or a jury regarding any disputes and claims which I may in the Companyfuture have that are subject to arbitration under this agreement. I also understand and agree that the arbitrator’s decision will be final and binding on both Xxxxxxx and I, and/or discrimination (including harassment), except as subject to review on the grounds set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information Federal Arbitration Act (collectively, “Arbitrable ClaimsFAA”). Further, to To the fullest maximum extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, all claims under this agreement must be brought solely in Executive’s or the Company’s my individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMSNo claims may be brought or maintained on a class or collective basis either in court or in arbitration. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANYAll such claims will be decided on an individual basis in arbitration pursuant to this agreement. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s I expressly waive any right to pursue claims submit, initiate, or participate as a plaintiff, claimant or member in a class action or collective action, regardless of whether the action is filed in arbitration or in court. Claims may not be joined or consolidated in arbitration with disputes brought by other individual(s), unless agreed to in writing by all parties. Any issue concerning the validity of this class action or collective action waiver must be decided by a court and an arbitrator shall not have authority to consider the issue of the validity of this waiver. If for any reason this class action or collective action waiver is found to be unenforceable, the class action or collective action claim may only be heard in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties and may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopyarbitrated. The arbitrator shall issue not have authority to hear or decide class or collective actions. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a written decision that contains named party to the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effectarbitration.

Arbitration and Class Action Waiver. Executive and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, ) based upon any federal, state or local ordinance, statute, regulation or constitutional provision provision, except that each party may, at its, his her or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, however, restricts Executive’s right, if any, to file in court a representative action under California Labor Code Sections 2698, et seq. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU EXECUTIVE AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employeeExecutive’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in BostonSan Mateo County, Massachusetts California through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and the Company will provide Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. In the event of arbitration relating to this Agreement or Executive’s service with the Company, each of Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceablewill bear its own costs, it shall be severed and the remaining provisions shall remain in full force and effectincluding, without limitation, attorneys’ fees.

Arbitration and Class Action Waiver. Executive This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Company agree to submit to mandatory binding arbitration Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any and all claims arising out of or related to Executive’s employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation regulation, or constitutional provision except that each party may, at its, his legal or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”)equitable theory. Further, to the fullest extent permitted by law, Executive You and the Company Eastern hereby agree that no class or collective actions can be asserted in arbitration or otherwisethe Federal Arbitration Act, 9 U.S.C. § 1, et seq. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity(“FAA”) applies to this agreement to arbitrate, and not as governs all questions of whether a plaintiff or class member dispute is subject to arbitration. Unless you and we agree otherwise in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to writing, arbitration shall be administered by the contrary herein, nothing American Arbitration Association’s Consumer Arbitration Rules in this Arbitration and Class Action Waiver section restricts Executiveeffect at the time of filing of the arbitration (the “AAA’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of LaborRules”). However, just as a court would, the parties agree thatarbitrator or arbitrators must honor the terms and limitations in this Agreement, to and can award damages and relief (including any attorneys’ fees) authorized by law and/or the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claimsAAA’s Rules. The arbitration shall be conducted in Bostondecision and award is final and binding, Massachusetts through JAMS before a single neutral arbitratorwith some exceptions under the FAA, in accordance with and judgment on the JAMS employment arbitration rules then in effect. The JAMS rules award may be found entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND EASTERN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND EASTERN AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. You and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitrationEastern are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. If Executive Eastern, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed determined by the Federal Arbitration Actarbitrator to be frivolous. Should any portion Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of this provision be found unenforceablefederal, it shall be severed and state, or local agencies. Such agencies can, if the remaining provisions shall remain in full force and effectlaw allows, seek relief against us on your behalf.

Arbitration and Class Action Waiver. Executive A. You and the Company Spectrum agree that we shall attempt to submit to mandatory binding arbitration any informally settle and all claims disputes arising out of, affecting, or relating to your accounts or the products and services Spectrum has provided, will provide or has offered to provide you, and/or your relationship with Spectrum (hereinafter referred to as the “Claims”). If that cannot be done, then you agree that any Claims that are threatened, made, filed, or initiated after the Effective Date (defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect, or related to Executive’s employment conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration administered by Judicial Arbitration and Mediation Services (JAMS) in accordance with the Company its applicable rules and the termination thereof, including, but not limited to, claims procedures for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination consumer disputes (including harassment“Rules”), except as set forth belowwhether such Claims are in contract, based upon any federal, state or local ordinancetort, statute, regulation or constitutional provision except that each party mayotherwise. The Rules can be obtained on the JAMS website free of charge at xxx.xxxxxxx.xxx; or, a copy of the Rules can be obtained at itsany Spectrum branch upon request. Either you or we may elect to resolve a particular claim through arbitration, his or her option, seek injunctive relief even if one of us has already initiated litigation in court related to the improper useClaim by: (a) making written demand for arbitration to the other party, disclosure (b) initiating arbitration against the other party, or misappropriation of (c) filing a party’s privatemotion to compel arbitration in court. AS A RESULT, proprietaryIF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, confidential or trade secret information YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT (collectivelyEXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS COURT JURISDICTION, “Arbitrable Claims”SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS COURT). Further, This Arbitration Agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act in Title 9 of the U.S. Code to the fullest extent permitted by lawpossible, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in notwithstanding any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything state law to the contrary hereincontrary, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law regardless of the origin or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassmentnature of the Claim. This Arbitration Agreement does not restrict Executive’s right prevent you from submitting any issue relating to file administrative claims Executive may bring before any your accounts for review or consideration by a federal, state, or local government agency whereor entity, as a matter of law, the parties may not restrict the employee’s ability to file nor does it prevent such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions agency or entity from seeking relief on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effectyour behalf.

Arbitration and Class Action Waiver. Executive and Except for any claim for injunctive relief arising out of a breach of a party’s obligations to protect the Company other’s proprietary information, the parties agree to submit to mandatory binding arbitration arbitrate, in San Francisco, California through JAMS, any and all disputes or claims arising out of or related to Executive’s employment with the Company and validity, enforceability, interpretation, performance or breach of this Agreement, whether sounding in tort, contract, statutory violation or otherwise, or involving the termination thereofconstruction or application or any of the terms, includingprovisions, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related conditions of this Agreement. Any arbitration may be initiated by a written demand to the improper useother party. The arbitrator's decision shall be final, disclosure or misappropriation binding, and conclusive. The parties further agree that this Agreement is intended to be strictly construed to provide for arbitration as the sole and exclusive means for resolution of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”)all disputes hereunder to the fullest extent permitted by law. Further, to the fullest extent permitted by law, Executive you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, however, restricts your right, if any, to file in court a representative action under California Labor Code Sections 2698, et seq. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effect.

Arbitration and Class Action Waiver. Executive Please read this Arbitration Agreement (as defined below) carefully. It is part of your contract with FleetCor and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Company agree Site or to submit any other aspect of your relationship with FleetCor related to mandatory these Terms of Use will be resolved by binding arbitration any arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or FleetCor may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims arising out that arose before this or any prior agreement. NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST FLEETCOR ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU. THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH FLEETCOR, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST FLEETCOR IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must follow the rules and procedures for initiating and pursuing an arbitration of American Arbitration Association, which are available at xxx.xxx.xxx or related by calling AAA at 0-000-000-0000. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to Executiveyour then current billing address, or at some other place to which you and we agree in writing. At any time, you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s employment with rules. We will reimburse those fees for claims totaling less than $10,000 unless the Company arbitrator determines the claims are frivolous. Likewise, FleetCor will not seek attorneys’ fees and costs in arbitration unless the termination thereofarbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock to any claim that all or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation part of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration Agreement is void or voidable. The arbitration will decide the rights and Class Action Waiver section restricts Executive’s right liabilities, if any, of you and FleetCor. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to pursue claims in court (a) on a representative action basis grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employeearbitral forum’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopythese Terms of Use. The arbitrator shall will issue a written award and statement of decision that contains describing the essential findings and conclusions on which the decision award is based, including the calculation of any damages awarded. Executive The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and the Company agree that this Arbitration binding on you and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effectFleetCor.

Arbitration and Class Action Waiver. Executive PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS OWNER’S LEGAL RIGHTS, INCLUDING OWNER’S RIGHT TO FILE A LAWSUIT IN COURT. Owner and Shift agree that this section affects interstate commerce and that the Company Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Owner agrees to resolve any and all disputes with Shift as follows: Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. Owner can reach Shift’s support department at xxxxxxx@xxxxx.xxx. Except for intellectual property and small claims court claims, the parties agree to submit use their best efforts to mandatory settle any dispute, claim, question, or disagreement directly through consultation with the Shift customer support team, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration any and as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of this agreement, Owner’s use of the Shift platform, the parties' relationship with each other, and claims that arose before this Agreement or related to Executive’s employment with any prior agreement was executed between the Company and the termination thereof, parties (including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest related to Owner’s use of the Shift platform) shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Company, and/or discrimination Consumer Arbitration Rules (including harassment“AAA Rules”), except as set forth belowexcluding any rules or procedures governing or permitting class actions. The AAA Rules are also available by calling AAA at 0.000.000.0000. The arbitrator, based upon and not any federal, state state, or local ordinancecourt or agency, statuteshall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, regulation applicability, enforceability, or constitutional provision except formation of this Agreement, including but not limited to any claim that each all or any part of the Agreement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Please consult the AAA Rules on initiating an arbitration, which requires the party mayto, among other things: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages Owner seeks to recover; (b) send a copy of the Demand for Arbitration, plus the appropriate filing fee, to AAA; and (c) send one copy of the Demand for Arbitration to Shift at its0000 00xx Xxxxxx, Xxx 000, Xxx Xxxxxxxxx, Xxxxxxxxxx, 00000 ATTN: Legal. Owner will be required to pay $200 to initiate an arbitration against Shift. If the arbitrator finds the arbitration to be non-frivolous, Shift will pay all other fees invoiced by AAA, including filing fees and arbitrator and hearing expenses. Owner is responsible for his or her optionown attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. Owner understands that, seek injunctive relief absent this mandatory arbitration provision, Owner would have the right to xxx in court related to and have a jury trial. Owner further understands that, in some instances, the improper use, disclosure or misappropriation costs of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to arbitration could exceed the fullest extent permitted by law, Executive costs of litigation and the Company agree that no class or collective actions can right to discovery may be asserted more limited in arbitration or otherwisethan in court. All claimsIf Owner is a resident of the United States, whether arbitration may take place in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceedingcounty where Owner resides at the time of filing. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to For individuals residing outside the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by lawUnited States, arbitration shall be initiated in the exclusive remedy for state of California, United States of America. Owner and Shift further agree to submit to the subject matter personal jurisdiction of such administrative claims. The arbitration shall be conducted any federal or state court in BostonSan Francisco County, Massachusetts through JAMS before a single neutral arbitratorCalifornia in order to compel arbitration, in accordance with to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed award entered by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effectarbitrator.

Arbitration and Class Action Waiver. Executive and This section is an agreement to arbitrate disputes (“Arbitration Agreement”) that may arise as a result of the Company agree Agreement or your Account. Read this Arbitration Agreement carefully. You may reject this Arbitration Agreement by notifying us in writing within 60 days using the procedure set forth at the end of this section. If a dispute arises that is covered by this Arbitration Agreement, you will be required to submit to mandatory binding arbitration any and all claims arising out of resolve the dispute through Binding Arbitration if you or related to Executive’s employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except we request Binding Arbitration as set forth belowherein. This means that you will not be able to have the dispute settled by trial or before a jury or to participate in a class action in court or a class action or consolidated arbitration. Other rights that you would have if you went to court may not be available or may be more limited in arbitration, including your right to appeal. In consideration for our willingness to provide you with an Account as set forth herein, you and we agree as follows: Any claim, dispute or controversy (“Claim”) by either you or us against the other arising from or relating in any way to the Account Terms or your Account, except for disputes concerning the validity, scope or enforceability of this Arbitration Agreement (which are for a court to decide), shall, at the demand of any party, be resolved by Binding Arbitration. However, we will not demand arbitration pursuant to this agreement to arbitrate in connection with any individual Claim that you properly file and pursue in a small- claims court of your state or municipality, so long as the Claim is pending only in that court. “Binding Arbitration” means an arbitration proceeding before the American Arbitration Association ("AAA") pursuant to the code of procedures of the AAA in effect at the time the Claim is filed (the “Arbitration Rules”). If the AAA is unable or unwilling to serve, and we cannot agree on a replacement, a court with jurisdiction shall select the arbitrator. Any arbitration proceeding will take place at a location within the federal judicial district that includes the most recent U.S. Mail address we have on file for you at the time the Claim is filed or at any other mutually acceptable location. Any party to the arbitration proceeding may enter judgment upon the arbitration award in any court having jurisdiction over the arbitration award and may have that judgment enforced by any court having jurisdiction over that judgment. A demand for arbitration under this agreement to arbitrate may be made either before or after a lawsuit or other legal proceeding begins, and may be made in papers filed in the lawsuit (for example, a motion by the defendant to compel arbitration of claims asserted by the plaintiff in a lawsuit filed in court). However, any demand for arbitration that is made after a lawsuit or other legal proceeding has begun must be made within 90 days following the service of a complaint, third-party complaint, cross-claim or counterclaim or any answer thereto or any amendment to any of the above. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party asserting the Claim(s) to start the arbitration proceeding in accordance with the AAA's rules and procedures. This agreement to arbitrate Claims shall be broadly construed and includes all controversies and claims of any kind between us. It also includes any disputes you have with our agents, contractors, employees, officers or assignees, any merchants with whom you use the Account, any credit reporting agencies to whom we report the Account or any other third party that has been involved or becomes involved with, or whose trademarks are used in connection with, any purchasing, marketing, soliciting, servicing or credit reporting activity relating to your Account. Moreover, it includes initial claims, counterclaims, cross-claims, third-party claims and federal, state, local and administrative claims and claims which arose before the effective date of this Arbitration Agreement. It also includes disputes based upon any federalcontract, state or local ordinancetort, consumer rights, fraud and other intentional torts, constitution, statute, regulation regulation, ordinance, common law and equity and claims for money damages and injunctive or constitutional provision except that each party maydeclaratory relief. The Claims covered by this agreement to arbitrate include, at itswithout limitation: • Any disputes regarding: the Application you prepared in connection with the issuance of your Account; any solicitation or advertising materials you received in connection with your Account; any activities relating to the maintenance or servicing of your Account; and any funds held bythe Bank in connection with your Account; • Any disputes arising from the collection of amounts you owe in connection with your Account or the manner of collection; • Any disputes concerning the dollar amount of payments made or transactions posted toyour Account; • Anydisputes concerning the processing of items or funds transfers sent to the Bank for the purpose of posting to your Account; • Any disputes regarding information obtained by us from, his or her optionreported by us to, seek injunctive relief in court credit bureaus or others; • Any disputes related to insurance or other services or products purchased from us in connection with your Account; • Any disputes regarding communications involving telephones, automatic dialing systems, artificial or prerecorded voice messages, SMS text messages or facsimile machines; and • Any disputes concerning the improper userelationships resulting from this Cardholder Agreement, disclosure your Account or misappropriation any of a party’s privatethe foregoing. CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY LAW, proprietaryNO ARBITRATOR OR COURT MAY ORDER, confidential or trade secret information (collectivelyPERMIT OR CERTIFY A CLASS ACTION, “Arbitrable Claims”)REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL LITIGATION OR CONSOLIDATED ARBITRATION IN CONNECTION WITH THIS AGREEMENT TO ARBITRATE. FurtherNO ARBITRATOR OR COURT MAY ORDER OR PERMIT A JOINDER OF PARTIES IN CONNECTION WITH THIS AGREEMENT TO ARBITRATE, to the fullest extent permitted by lawEXCEPT FOR JOINDER OF ANY JOINT APPLICANT OR OTHER AUTHORIZED USER OF THE ACCOUNT, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwiseUNLESS BOTH YOU AND WE CONSENT TO SUCH JOINDER IN WRITING. All claimsBY ACCEPTING THIS ARBITRATION AGREEMENT, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. YOU AGREE TO WAIVE THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE RIGHT TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL LITIGATION OR COLLECTIVE ACTION PERTAINING CONSOLIDATED ARBITRATION RELATED TO ANY ARBITRABLE CLAIMS BETWEEN THIS AGREEMENT OR YOUR ACCOUNT. JURY TRIAL WAIVER: If you or we elect to arbitrate a Claim, YOU AND WE BOTH KNOWINGLY AND VOLUNTARILY WAIVE THE COMPANYRIGHT TO HAVE A COURT OR JURY DECIDE THE CLAIM. Notwithstanding anything The arbitrator will be required to follow relevant substantive law consistent with the Federal Arbitration Act (“FAA”) and applicable judicial precedent to arrive at a decision and shall be empowered to grant whatever relief would be available in court in an action for an individual Claim. Any award of punitive damages shall be subject to the contrary herein, nothing constitutional limits that would apply in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under court. Where authorized by applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties arbitrator’s award may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission include attorneys’ fees and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopyother expenses. The arbitrator shall issue a written decision that contains the essential findings follow any applicable statute of limitations and conclusions on which the decision is basedprivilege rules. Executive You and the Company we both agree that the transactions subject to this Arbitration agreement to arbitrate involve interstate commerce and Class Action Waiver Provision that this agreement to arbitrate shall be governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. Should The cost of any arbitration proceeding shall be divided as follows: • If you initiate arbitration, you will be responsible for paying one half of the filing fee, or $125, whichever is less, when the demand for arbitration is made. • If we initiate arbitration, we willbe responsible for paying all arbitration costs. • Regardless of who initiates the arbitration, you will not be responsible for any arbitration fees that exceed one half of the filing fee, or $125, whichever is less, or the fees that you would have incurred if the Claim had been brought in court. Notwithstanding the foregoing, if you believe the cost of arbitration may be too burdensome, you may seek a waiver of the filing fee under the applicable Arbitration Rules. If you seek, but do not qualify for such a waiver, we will consider a written request from you to advance all or part of the filing fee. Each party is responsible for the fees of its attorneys, experts, and witnesses unless the arbitrator awards them to a party. We will always pay any fees or expenses that we are required to pay by law or the Arbitration Rules or that we are required to pay for this Arbitration Agreement to be enforced. The arbitrator’s decision shall become final and binding after 30 days unless any party to the arbitration takes an appeal from the decision by making a written request to the AAA. The appeal panel, which will consist of three arbitrators, will consider all factual and legal issues anew, will conduct the appeal in the same manner as the initial arbitration, and will make decisions based on the vote of the majority. We will advance any fees and costs required by the AAA to commence any appeal and the appealing party will pay the arbitrator’s fee. The appeal panel’s decision shall be final and binding, except for any appeal rights provided by the FAA. In the event of a conflict between the Arbitration Rules or the Account Terms, on the one hand, and this Arbitration Agreement on the other hand, this Arbitration Agreement shall govern. If any portion of this provision be found Arbitration Agreement, other than the Class Action Waiver, is deemed invalid or unenforceable, it the remaining portions shall be severed nevertheless remain in force. If a determination is made that the Class Action Waiver is unenforceable, only this sentence of the Arbitration Agreement will remain in force and the remaining provisions shall remain be null and void, provided that the determination concerning the Class Action Waiver shall be subject to appeal. This Arbitration Agreement shall survive the closing or termination of your Account, voluntary payment of your Account or any part of it, any legal proceedings to collect money you owe, any bankruptcy by you and any sale or assignment by us of your Account. You may contact the AAA to obtain information about arbitration, arbitration procedures and fees by calling the telephone number or going to the Internet website indicated below: American Arbitration Association 000 Xxxxxxxx, 00xx Xxxxx New York, NY 10271 800-778- 7879 xxx.xxx.xxx RIGHT TO REJECT ARBITRATION YOU HAVE THE RIGHT TO REJECT THIS AGREEMENT TO ARBITRATE, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in full force writing within sixty (60) days after the date your Account is opened. You must send your request to: Arbitration Manager, Xxxxxxx Bank, Legal Department, P.O. Box 5000, Draper, Utah 84020- 5000. The request must include your Account number and effecta clear statement of your intent, such as “I reject the arbitration clause in the Xxxxxxx Bank deposit Account Terms.” Your election to reject arbitration will not affect the other terms of your Account, nor will we close the Account as a result of your election to reject arbitration.

Arbitration and Class Action Waiver. Both Executive and the Company mutually agree that pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by applicable law, Executive and the Company will submit solely to mandatory final, binding and confidential arbitration of any and all claims disputes, claims, or causes of action arising out from or relating to: the negotiation, execution, interpretation, performance, breach or enforcement of or related to this Agreement; Executive’s employment with the Company and or services to the termination thereof, including, Parent (including but not limited toto all statutory claims); or the termination of Executive’s employment with the Company or services to the Parent (including but not limited to all statutory claims). BY AGREEING TO THIS ARBITRATION PROCEDURE, BOTH EXECUTIVE AND THE COMPANY WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTES THROUGH A TRIAL BY JURY OR JUDGE OR THROUGH AN ADMINISTRATIVE PROCEEDING. The arbitrator shall have the sole and exclusive authority to determine whether a dispute, claim or cause of action is subject to arbitration under this Arbitration section and to determine any procedural questions which grow out of such disputes, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation causes of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive action and the Company agree that no class or collective actions can be asserted in arbitration or otherwisebear on their final disposition. All claims, disputes, or causes of action under this Arbitration section, whether in arbitration by Executive or otherwisethe Company, must be brought solely in Executive’s or the Company’s an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or collective representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to To the contrary herein, nothing extent that the preceding sentences in this Arbitration and Class Action Waiver section restricts Executive’s right paragraph are found to pursue claims in court (a) on a representative action basis under violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. Any arbitration proceeding under this Arbitration section shall be presided over by a single arbitrator and conducted by JAMS, Inc. (b“JAMS”) in Santa Clara County under the then applicable JAMS rules for the resolution of employment disputes (available upon request and also currently available at http:// xxx.xxxxxxx.xxx/xxxxx-xxxxxxxxxx-xxxxxxxxxxx/). Executive and the Company both have the right to be represented by legal counsel at any alleged sexual harassment arbitration proceeding, at each party’s own expense. The arbitrator shall: (i) have the authority to compel adequate discovery for the resolution of the dispute; (ii) issue a written arbitration decision, to include the arbitrator’s essential findings and conclusions and a statement of the award; and (iii) be authorized to award any or any alleged unlawful discriminatory practices related all remedies that Executive or the Company would be entitled to sexual harassmentseek in a court of law. The Company shall pay all JAMS arbitration fees in excess of the amount of court fees that would be required of Executive if the dispute were decided in a court of law. This Agreement does Arbitration section shall not restrict Executive’s right apply to file administrative claims Executive may bring before any government agency where, action or claim that cannot be subject to mandatory arbitration as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited towithout limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the National Labor Relations BoardCalifornia Fair Employment and Housing Act, the Equal Employment Opportunity Commission as amended, and the Department of Labor). HoweverCalifornia Labor Code, the parties agree thatas amended, to the fullest extent such claims are not permitted by law, applicable law to be submitted to mandatory arbitration shall be the exclusive remedy for the subject matter of and such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive applicable law is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed not preempted by the Federal Arbitration ActAct or otherwise invalid. Should Nothing in this Arbitration section is intended to prevent either Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any portion such arbitration. Any final award in any arbitration proceeding hereunder may be entered as a judgment in the federal and state courts of this provision be found unenforceable, it shall be severed any competent jurisdiction and the remaining provisions shall remain in full force and effectenforced accordingly.

Arbitration and Class Action Waiver. Executive PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This Section is intended to be interpreted broadly and governs any and all disputes between AROMS and you, including but not limited to, claims arising out of or relating to any aspect of the Company relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms of Use or any prior agreement; and claims that may arise, including those that arise after the termination of these Terms of Use (collectively, “Disputes”). You agree to submit resolve any and all Disputes with AROMS as follows: Initial Dispute Resolution and Mediation. Most disputes can be resolved informally without resorting to mandatory litigation. You can reach AROMS’s support department at xxxx@xxxxxxx.xxx. You and AROMS agree to use your best efforts to settle any Dispute directly through consultation through the AROMS support department. In the event a resolution is not reached thereby, you and AROMS agree to engage in a good faith mediation after an exchange of relevant documentary support and before either party initiates a binding arbitration proceeding. Binding Arbitration as an Exclusive Remedy. If the parties do not reach a resolution of any Dispute within a period of thirty (30) days from the time any informal dispute resolution or mediation is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole and exclusive means to resolve Disputes. Specifically, all claims arising out of or related relating to Executive’s employment these Terms of Use or previous versions of these Terms of Use, the parties’ relationship with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Companyeach other, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to your use of the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration Platform shall be the exclusive remedy for the subject matter of such administrative claims. The finally resolved by binding arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with and judgment on the JAMS employment arbitration rules then in effect. The JAMS rules award rendered by the arbitrator may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitrationentered in any court having jurisdiction thereof. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed initiated solely and exclusively in the State of Utah, County of Salt Lake. You and AROMS further hereby agree to submit to the personal jurisdiction of any federal or state court in Salt Lake County, Salt Lake City, Utah in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on any award entered by the Federal Arbitration Actarbitrator. Should any portion Each party shall bear its own legal fees and costs of this provision be found unenforceablearbitration. Failure by either party to timely pay all arbitrator fees and costs, it as and when billed (subject only to good faith setoffs as determined by the arbitrator), shall be severed constitute a material breach of these Terms of Use and shall result in the remaining provisions shall remain in full force and effectentry of a default judgment against the breaching party for all claimed relief.

Arbitration and Class Action Waiver. Executive You and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s employment your service with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, ) based upon any federal, state or local ordinance, statute, regulation or constitutional provision provision, except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, however, restricts your right, if any, to file in court a representative action under California Labor Code Sections 2698, et seq. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s your right to file administrative claims Executive you may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s your ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in BostonSan Francisco, Massachusetts California through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitrationhxxx://xxx.xxxxxxx.xxx/xxxxx-employment-arbitration. If Executive is you are unable to access these rules, please let the Company know and Executive the Company will be provided provide you with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive In the event of arbitration relating to this Agreement or your service with the Company, each of you and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceablewill bear its own costs, it shall be severed and the remaining provisions shall remain in full force and effectincluding, without limitation, attorneys’ fees.

Arbitration and Class Action Waiver. Both Executive and the Company mutually agree that pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by applicable law, Executive and the Company will submit solely to mandatory final, binding and confidential arbitration of any and all claims disputes, claims, or causes of action arising out from or relating to: the negotiation, execution, interpretation, performance, breach or enforcement of or related to this Agreement; Executive’s employment with the Company and the termination thereof, including, (including but not limited toto all statutory claims); or the termination of Executive’s employment with the Company (including but not limited to all statutory claims). BY AGREEING TO THIS ARBITRATION PROCEDURE, BOTH EXECUTIVE AND THE COMPANY WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTES THROUGH A TRIAL BY JURY OR JUDGE OR THROUGH AN ADMINISTRATIVE PROCEEDING. The arbitrator shall have the sole and exclusive authority to determine whether a dispute, claim or cause of action is subject to arbitration under this Arbitration section and to determine any procedural questions which grow out of such disputes, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation causes of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive action and the Company agree that no class or collective actions can be asserted in arbitration or otherwisebear on their final disposition. All claims, disputes, or causes of action under this Arbitration section, whether in arbitration by Executive or otherwisethe Company, must be brought solely in Executive’s or the Company’s an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or collective representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to To the contrary herein, nothing extent that the preceding sentences in this Arbitration and Class Action Waiver section restricts Executive’s right paragraph are found to pursue claims in court (a) on a representative action basis under violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. Any arbitration proceeding under this Arbitration section shall be presided over by a single arbitrator and conducted by JAMS, Inc. (b“JAMS”) in Santa Clara County under the then applicable JAMS rules for the resolution of employment disputes (available upon request and also currently available at http:// xxx.xxxxxxx.xxx/xxxxx-xxxxxxxxxx-xxxxxxxxxxx/). Executive and the Company both have the right to be represented by legal counsel at any alleged sexual harassment arbitration proceeding, at each party’s own expense. The arbitrator shall: (i) have the authority to compel adequate discovery for the resolution of the dispute; (ii) issue a written arbitration decision, to include the arbitrator’s essential findings and conclusions and a statement of the award; and (iii) be authorized to award any or any alleged unlawful discriminatory practices related all remedies that Executive or the Company would be entitled to sexual harassmentseek in a court of law. The Company shall pay all JAMS arbitration fees in excess of the amount of court fees that would be required of Executive if the dispute were decided in a court of law. This Agreement does Arbitration section shall not restrict Executive’s right apply to file administrative claims Executive may bring before any government agency where, action or claim that cannot be subject to mandatory arbitration as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited towithout limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the National Labor Relations BoardCalifornia Fair Employment and Housing Act, the Equal Employment Opportunity Commission as amended, and the Department of Labor). HoweverCalifornia Labor Code, the parties agree thatas amended, to the fullest extent such claims are not permitted by law, applicable law to be submitted to mandatory arbitration shall be the exclusive remedy for the subject matter of and such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive applicable law is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed not preempted by the Federal Arbitration ActAct or otherwise invalid. Should Nothing in this Arbitration section is intended to prevent either Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any portion such arbitration. Any final award in any arbitration proceeding hereunder may be entered as a judgment in the federal and state courts of this provision be found unenforceable, it shall be severed any competent jurisdiction and the remaining provisions shall remain in full force and effectenforced accordingly.

Arbitration and Class Action Waiver. Executive THIS ARBITRATION PROVISION AFFECTS YOUR RIGHTS. PLEASE READ CAREFULLY BEFORE AGREEING TO THIS AGREEMENT. EXCEPT AS OTHERWISE NOTED, CAPITALIZED TERMS HAVE THE MEANING SPECIFIED IN THIS AGREEMENT. Except as otherwise explicitly provided in this Arbitration Provision, One and any bank or financial institution with which One partners (including but not limited to (the Company agree Bank), together with their parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, successors, assigns and any of these entities’ employees, officers, directors and agents and their successors, assigns, affiliates and service providers (collectively, the “Transaction Parties”) and you can elect to submit resolve any past, present or future dispute or claim (“Dispute”) arising from or relating in any way to mandatory your Account or this Agreement or the relationships between you and One and/or Transaction Parties resulting therefrom that cannot be resolved directly between you and a Transaction Party, by binding arbitration under the Consumer Arbitration Rules (“the Consumer Rules”) of the American Arbitration Association (“AAA”), rather than in court. (Solely for purposes of this Arbitration Provision, the term Transaction Parties also includes any third party providing any goods and/or services in connection with your Account on behalf of a Transaction Party, if that third party is named as a defendant along with a Transaction Party in a single proceeding.) Except as otherwise explicitly provided in this Arbitration Provision, “Dispute” broadly includes, without limitation: any claims based in contract, statute, ordinance, tort, fraud, consumer rights, misrepresentation, equity or any other legal theory; initial claims, counterclaims, cross-claims and all third-party claims; federal, state and local claims; and claims arising out which arose before the date of or related to Executive’s employment with the Company and the termination thereofyour application for an Account, including, but not limited to, any dispute or claim arising before the date you opened an Account or accepted this Agreement and any dispute or claim relating to: i) an application for or denial or closure of an Account; ii) the events leading up to an application or denial or closure of an Account (for example, any disclosure, advertisement, application, solicitation, promotion or oral or written statement, warranty or representation made by a Transaction Party); iii) credit reporting or a Transaction Party’s use of consumer reports; iv) your Account balances; v) any product or service provided by or through a Transaction Party or third parties in connection with your Account or the relationship between you and a Transaction Party and any associated fees; vi) the collection of amounts due and the manner of collection; vii) a Transaction Party’s use or failure to protect any personal information you give a Transaction Party in connection with your Account including your application for an Account or your relationship with the Transaction Party; viii) enforcement of any and all of the obligations a party may have to another party in connection with your Account or agreement governing the same; or ix) compliance with applicable laws and/or regulations. The Federal Arbitration Act (“FAA”) and federal arbitration law apply to this Arbitration Provision. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court in an individual case and must apply and follow applicable substantive law, consistent with the FAA, and the terms of this Agreement, the One Terms and any agreement governing a product or service provided by One. The arbitrator shall apply applicable statutes of limitations and honor privilege rules. Any judgment on the award rendered by the arbitrator will be final and may be entered in any court of competent jurisdiction. No arbitration award involving the parties will have any preclusive effect as to issues or claims for unpaid wagesin any dispute involving anyone who is not a party to the arbitration, wrongful terminationnor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision. YOU UNDERSTAND THAT ABSENT YOUR CONSENT TO ARBITRATION, tortsYOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY. Either you or a Transaction Party can initiate arbitration through AAA, stock an alternative dispute resolution provider or stock options by filing a motion to compel arbitration of claims filed in court. Regardless of who elected arbitration or how arbitration was elected, the party asserting the claim (i.e., the party seeking money damages or other ownership interest relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. If the AAA cannot serve, a court with jurisdiction shall select the arbitrator, who will apply the AAA rules and the procedures specified in this Arbitration Provision. Any arbitration will be governed by the Company, and/or discrimination then current Consumer Rules of the AAA (including harassment“Consumer Rules”), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to and its Procedures for the improper use, disclosure or misappropriation Resolution of a party’s private, proprietary, confidential or trade secret information Disputes through Document Submission (collectively, “Arbitrable ClaimsDocument Submission Procedures”). Further(For more information about the AAA and its rules, you may contact the AAA at American Arbitration Association, 000 Xxxxxxxx, Xxxxx 00, Xxx Xxxx, X.X 00000, 0-000-000-0000, xxx.xxx.xxx). The Document Submission Procedures are included in the Consumer Rules. Your arbitration filing fees will be governed by the Consumer Rules. If it is determined by the arbitrator that you cannot afford such fees, a Transaction Party will pay all arbitration administrative and arbitrator fees and expenses. The arbitration will be conducted solely based on written submissions and will not require any personal appearance by the parties or witnesses unless the arbitrator determines that a telephonic or in-person conference or hearing is necessary based on the request of one or more of the parties. Notwithstanding any of the foregoing, disputes or controversies about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof are for a court and not an arbitrator to decide; however, disputes or controversies about your Account, this Agreement, the One Terms or your agreements governing any product or service provided by One or with Transaction Parties as a whole are for an arbitrator and not a court to decide. CLASS ACTION WAIVER: You and the Transaction Parties each agree that any arbitration will be conducted only on an individual basis and not as a class, consolidated or representative action. To the fullest extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court : (a) on a representative action basis under applicable law no arbitration will be joined or consolidated with any other; (b) there is no right or authority for any alleged sexual harassment Dispute to be arbitrated on a class-action or private attorney general basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any alleged unlawful discriminatory practices other persons. No arbitrator shall have the authority to issue any relief that applies to any person or entity other than Transaction Parties and/or you individually. If for any reason a Dispute proceeds in court rather than in arbitration, you and the Transaction Parties each waive any right to a jury trial. Even if all parties have opted to litigate a Dispute in court, a party may elect arbitration with respect to any claim made by a new party or any claim later asserted by a party in that or any related or unrelated lawsuit (including a claim initially asserted on an individual basis but modified to sexual harassmentbe asserted on a class, representative or multi-party basis). Nothing in that litigation shall constitute a waiver of any rights under this Arbitration Provision. You and the Transaction Parties agree that any Disputes seeking to enforce or protect, or concerning the validity of intellectual property rights will not be subject to binding arbitration under this Arbitration Provision. In addition, pursuant to the Consumer Rules, any party may proceed with their individual claims in small claims court if that option is available in the applicable jurisdiction and the amount in controversy falls within the small claims court’s jurisdictional limits; but if that action is transferred, removed or appealed to a different court, arbitration can be elected. If any portion of this Arbitration Provision is inconsistent with the Consumer Rules, with this Agreement, or with the One Terms or your agreements governing any product or service provided by One or with Transaction Parties, this Arbitration Provision shall govern. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before Arbitration Provision shall survive the closure of your Account, termination of any government agency whereproduct or service provided by One, as a matter termination of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided any agreement into which you enter with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings Transaction Party, and conclusions any withdrawal or denial of or determination on which the decision is based. Executive any application for an Account; and the Company further, you understand and agree that this Arbitration Provision applies not only to the One Terms and Class Action Waiver Provision shall be governed by the Federal Arbitration Actthis Agreement but also to any subsequent agreement (including without limitation any agreement governing any product or service) into which you enter with a Transaction Party. Should If any portion of this provision be found Arbitration Provision is deemed invalid or unenforceable, it shall be severed and not invalidate the remaining provisions portions of this Arbitration Provision, except that: (A) If the Class Action Waiver is limited, voided or found unenforceable and that determination becomes final after all appeals have been exhausted, then this Arbitration Provision (except for this sentence) shall remain be null and void with respect to such proceeding. The parties acknowledge and agree that under no circumstances will a class action be arbitrated; and (B) if a claim is brought seeking public injunctive relief and a court determines that the restrictions in full force the Class Action Waiver or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and effectthat determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims seeking monetary relief will be arbitrated. In such a case the parties will request that the court stay the claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated.

Arbitration and Class Action Waiver. Executive and the Company agree to submit to mandatory binding arbitration any and all claims Any controversy or claim arising out of or related relating to Executive’s employment the terms of this Agreement or Qijialiye's Privacy Policy (including any claimed breach thereof) shall be settled by mandatory arbitration in accordance with the Company laws of the Federal Arbitration Act before a single arbitrator. If Qijialiye and User cannot agree on the termination thereofappointment of an arbitrator, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s ability to file then such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration arbitrator shall be appointed by the exclusive remedy for the subject matter of such administrative claimsAmerican Arbitration Association. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Other than the initial filing fees to be paid by the person or entity bringing the Arbitration, the costs of the arbitration rules then shall be split 50/50; provided, however, that the arbitrator has no ability to award attorney's fees or costs incurred on any person's behalf in effectconnection with any arbitration proceeding. The JAMS rules Arbitrator is limited to deciding matters that exist between Qijialiye and User only. The Arbitrator shall follow the case and statutory authorities of Texas and federal law, as may apply to a particular claim. Judgment upon the award rendered by the arbitrator may be found entered in any court having jurisdiction thereof. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEAN NEITHER USER NOR Qijialiye MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST EACH OTHER OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A PLAINTIFF, REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. ONLY A COURT, AND NOT AN ARBITRATOR, SHALL DETERMINE THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER. IF THE CLASS ACTION WAIVER IS DEEMED TO BE UNENFORCEABLE, Qijialiye AND USER AGREE THAT THIS AGREEMENT IS OTHERWISE SILENT AS TO ANY PARTY'S ABILITY TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION IN ARBITRATION. THE ARBITRATOR MAY NOT CONSIDER AND HAS NO AUTHORITY TO CONSIDER ANY CLAIMS ALLEGED AS CLASS OR COLLECTIVE ACTIONS OR AS A REPRESENTATIVE MATTER. As noted, the Arbitrator's authority to resolve and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitrationmake written awards is limited to claims between Qijialiye and User only. If Executive is unable to access these rulesClaims of different individuals or entities may not be joined or consolidated in any arbitration between Qijialiye and User, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration Arbitrator has no authority whatsoever over such other claims, unless agreed to in writing by Qijialiye and Class Action Waiver Provision shall be governed by User. Nonetheless, no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not named as a party to the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effectarbitration.

Arbitration and Class Action Waiver. Executive Lindora and I agree that arbitration administered by JAMS, Inc. in accordance with its JAMS Comprehensive Arbitration Rules and Procedures (the Company agree to submit to mandatory binding arbitration “JAMS Rules”) will be the sole and exclusive method for resolving any and all claims claim or dispute arising out of or related relating to Executivethe rights and obligations of the parties under this agreement. Lindora and I further agree that (i) one arbitrator will be appointed pursuant to the JAMS Rules to conduct any such arbitration, (ii) all meetings of the parties and all hearings with respect to any such arbitration will take place in Orange County, California and (iii) all costs and expenses of the arbitration proceeding (such as filing fees, the arbitrator’s employment with fees and hearing expenses) will be borne equally by the Company parties; provided, however, that the arbitrator will, in the award, allocate all such costs and expenses against the termination thereofparty who did not prevail in the arbitration. The decision, includingjudgment, but not limited toruling, claims for unpaid wagesfinding, wrongful termination, torts, stock or stock options award or other ownership interest determination of any arbitration under the JAMS Rules will be final, conclusive and binding on Lindora and I; provided, however, that nothing in this agreement will prohibit any party from instituting litigation to enforce any final decision, judgment, ruling, finding, award or other determination of the arbitration. I UNDERSTAND AND AGREE THAT THE ARBITRATION OF DISPUTES AND CLAIMS UNDER THIS AGREEMENT SHALL BE INSTEAD OF A COURT TRIAL BEFORE A JUDGE AND/OR A JURY. I understand and agree that, by signing this agreement, I am expressly waiving any and all rights to a trial before a judge and/or a jury regarding any disputes and claims which I may in the Companyfuture have that are subject to arbitration under this agreement. I also understand and agree that the arbitrator’s decision will be final and binding on both Lindora and I, and/or discrimination (including harassment), except as subject to review on the grounds set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information Federal Arbitration Act (collectively, “Arbitrable ClaimsFAA”). Further, to To the fullest maximum extent permitted by law, Executive and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, all claims under this agreement must be brought solely in Executive’s or the Company’s my individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMSNo claims may be brought or maintained on a class or collective basis either in court or in arbitration. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANYAll such claims will be decided on an individual basis in arbitration pursuant to this agreement. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s I expressly waive any right to pursue claims submit, initiate, or participate as a plaintiff, claimant or member in a class action or collective action, regardless of whether the action is filed in arbitration or in court. Claims may not be joined or consolidated in arbitration with disputes brought by other individual(s), unless agreed to in writing by all parties. Any issue concerning the validity of this class action or collective action waiver must be decided by a court and an arbitrator shall not have authority to consider the issue of the validity of this waiver. If for any reason this class action or collective action waiver is found to be unenforceable, the class action or collective action claim may only be heard in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Agreement does not restrict Executive’s right to file administrative claims Executive may bring before any government agency where, as a matter of law, the parties and may not restrict the employee’s ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is unable to access these rules, please let the Company know and Executive will be provided with a hardcopyarbitrated. The arbitrator shall issue not have authority to hear or decide class or collective actions. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a written decision that contains named party to the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceable, it shall be severed and the remaining provisions shall remain in full force and effectarbitration.

Arbitration and Class Action Waiver. Both Executive and the Company mutually agree that pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by applicable law, Executive and the Company will submit solely to mandatory final, binding and confidential arbitration of any and all claims disputes, claims, or causes of action arising out from or relating to: the negotiation, execution, interpretation, performance, breach or enforcement of or related to this Agreement; Executive’s employment with the Company and or services to the termination thereof, including, Parent (including but not limited toto all statutory claims); or the termination of Executive’s employment with the Company or services to the Parent (including but not limited to all statutory claims). BY AGREEING TO THIS ARBITRATION PROCEDURE, BOTH EXECUTIVE AND THE COMPANY WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTES THROUGH A TRIAL BY JURY OR JUDGE OR THROUGH AN ADMINISTRATIVE PROCEEDING. The arbitrator shall have the sole and exclusive authority to determine whether a dispute, claim or cause of action is subject to arbitration under this Arbitration section and to determine any procedural questions which grow out of such disputes, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation causes of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive action and the Company agree that no class or collective actions can be asserted in arbitration or otherwisebear on their final disposition. All claims, disputes, or causes of action under this Arbitration section, whether in arbitration by Executive or otherwisethe Company, must be brought solely in Executive’s or the Company’s an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or collective representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to To the contrary herein, nothing extent that the preceding sentences in this Arbitration and Class Action Waiver section restricts Executive’s right paragraph are found to pursue claims in court (a) on a representative action basis under violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. Any arbitration proceeding under this Arbitration section shall be presided over by a single arbitrator and conducted by JAMS, Inc. (b“JAMS”) in Santa Xxxxx County under the then applicable JAMS rules for the resolution of employment disputes (available upon request and also currently available at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration/). Executive and the Company both have the right to be represented by legal counsel at any alleged sexual harassment arbitration proceeding, at each party’s own expense. The arbitrator shall: (i) have the authority to compel adequate discovery for the resolution of the dispute; (ii) issue a written arbitration decision, to include the arbitrator’s essential findings and conclusions and a statement of the award; and (iii) be authorized to award any or any alleged unlawful discriminatory practices related all remedies that Executive or the Company would be entitled to sexual harassmentseek in a court of law. The Company shall pay all JAMS arbitration fees in excess of the amount of court fees that would be required of Executive if the dispute were decided in a court of law. This Agreement does Arbitration section shall not restrict Executive’s right apply to file administrative claims Executive may bring before any government agency where, action or claim that cannot be subject to mandatory arbitration as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited towithout limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the National Labor Relations BoardCalifornia Fair Employment and Housing Act, the Equal Employment Opportunity Commission as amended, and the Department of Labor). HoweverCalifornia Labor Code, the parties agree thatas amended, to the fullest extent such claims are not permitted by law, applicable law to be submitted to mandatory arbitration shall be the exclusive remedy for the subject matter of and such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive applicable law is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed not preempted by the Federal Arbitration ActAct or otherwise invalid. Should Nothing in this Arbitration section is intended to prevent either Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any portion such arbitration. Any final award in any arbitration proceeding hereunder may be entered as a judgment in the federal and state courts of this provision be found unenforceable, it shall be severed any competent jurisdiction and the remaining provisions shall remain in full force and effectenforced accordingly.

Arbitration and Class Action Waiver. Executive To the extent permitted by applicable law, you and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to Executive’s your employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, ) based upon any federal, state or local ordinance, statute, regulation or constitutional provision provision, except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in Executive’s your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. SUBJECT TO THE ABOVE PROVISO, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to the contrary herein, nothing in this Arbitration and Class Action Waiver section restricts Executive’s right to pursue claims in court (a) on a representative action basis under applicable law or (b) for any alleged sexual harassment or any alleged unlawful discriminatory practices related to sexual harassment. This Employment Agreement does not restrict Executive’s your right to file administrative claims Executive you may bring before any government agency where, as a matter of law, the parties may not restrict the employee’s your ability to file such claims (including, but not limited to, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Department of Labor). However, the parties agree that, to the fullest extent permitted by law, arbitration shall be the exclusive remedy for the subject matter of such administrative claims. The arbitration shall be conducted in BostonAustin, Massachusetts Texas through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive is you are unable to access these rules, please let the Company know and Executive the Company will be provided provide you with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive In the event of arbitration relating to this Employment Agreement or your service with the Company, each of you and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed by the Federal Arbitration Act. Should any portion of this provision be found unenforceablewill bear its own costs, it shall be severed and the remaining provisions shall remain in full force and effectincluding, without limitation, attorneys’ fees.

Arbitration and Class Action Waiver. Both Executive and the Company mutually agree that pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by applicable law, Executive and the Company will submit solely to mandatory final, binding and confidential arbitration of any and all claims disputes, claims, or causes of action arising out from or relating to: the negotiation, execution, interpretation, performance, breach or enforcement of or related to this Agreement; Executive’s employment with the Company and or services to the termination thereof, including, Parent (including but not limited toto all statutory claims); or the termination of Executive’s employment with the Company or services to the Parent (including but not limited to all statutory claims). BY AGREEING TO THIS ARBITRATION PROCEDURE, BOTH EXECUTIVE AND THE COMPANY WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTES THROUGH A TRIAL BY JURY OR JUDGE OR THROUGH AN ADMINISTRATIVE PROCEEDING. The arbitrator shall have the sole and exclusive authority to determine whether a dispute, claim or cause of action is subject to arbitration under this Arbitration section and to determine any procedural questions which grow out of such disputes, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment), except as set forth below, based upon any federal, state or local ordinance, statute, regulation or constitutional provision except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation causes of a party’s private, proprietary, confidential or trade secret information (collectively, “Arbitrable Claims”). Further, to the fullest extent permitted by law, Executive action and the Company agree that no class or collective actions can be asserted in arbitration or otherwisebear on their final disposition. All claims, DocuSign Envelope ID: A8FF3CF7-EDB3-4D75-836A-9A1A6F570D8D disputes, or causes of action under this Arbitration section, whether in arbitration by Executive or otherwisethe Company, must be brought solely in Executive’s or the Company’s an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or collective representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. THE PARTIES FURTHER WAIVE ANY RIGHTS THEY MAY HAVE TO PURSUE OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION PERTAINING TO ANY ARBITRABLE CLAIMS BETWEEN YOU AND THE COMPANY. Notwithstanding anything to To the contrary herein, nothing extent that the preceding sentences in this Arbitration and Class Action Waiver section restricts Executive’s right paragraph are found to pursue claims in court (a) on a representative action basis under violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration. Any arbitration proceeding under this Arbitration section shall be presided over by a single arbitrator and conducted by JAMS, Inc. (b“JAMS”) in Santa Xxxxx County under the then applicable JAMS rules for the resolution of employment disputes (available upon request and also currently available at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration/). Executive and the Company both have the right to be represented by legal counsel at any alleged sexual harassment arbitration proceeding, at each party’s own expense. The arbitrator shall: (i) have the authority to compel adequate discovery for the resolution of the dispute; (ii) issue a written arbitration decision, to include the arbitrator’s essential findings and conclusions and a statement of the award; and (iii) be authorized to award any or any alleged unlawful discriminatory practices related all remedies that Executive or the Company would be entitled to sexual harassmentseek in a court of law. The Company shall pay all JAMS arbitration fees in excess of the amount of court fees that would be required of Executive if the dispute were decided in a court of law. This Agreement does Arbitration section shall not restrict Executive’s right apply to file administrative claims Executive may bring before any government agency where, action or claim that cannot be subject to mandatory arbitration as a matter of law, the parties may not restrict the employee’s ability to file such claims (including, but not limited towithout limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the National Labor Relations BoardCalifornia Fair Employment and Housing Act, the Equal Employment Opportunity Commission as amended, and the Department of Labor). HoweverCalifornia Labor Code, the parties agree thatas amended, to the fullest extent such claims are not permitted by law, applicable law to be submitted to mandatory arbitration shall be the exclusive remedy for the subject matter of and such administrative claims. The arbitration shall be conducted in Boston, Massachusetts through JAMS before a single neutral arbitrator, in accordance with the JAMS employment arbitration rules then in effect. The JAMS rules may be found and reviewed at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration. If Executive applicable law is unable to access these rules, please let the Company know and Executive will be provided with a hardcopy. The arbitrator shall issue a written decision that contains the essential findings and conclusions on which the decision is based. Executive and the Company agree that this Arbitration and Class Action Waiver Provision shall be governed not preempted by the Federal Arbitration ActAct or otherwise invalid. Should Nothing in this Arbitration section is intended to prevent either Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any portion such arbitration. Any final award in any arbitration proceeding hereunder may be entered as a judgment in the federal and state courts of this provision be found unenforceable, it shall be severed any competent jurisdiction and the remaining provisions shall remain in full force and effectenforced accordingly.