Common use of Arbitration of Certain Disputes Clause in Contracts

Arbitration of Certain Disputes. The arbitration of Mediated Disputes not settled by mediation between the parties shall be decided by arbitration in accordance with the then applicable rules of the AAA, unless the parties mutually agree to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator and the two arbitrators so selected shall select a third arbitrator who shall then arbitrate the dispute. Except as may be otherwise agreed by the parties to this Lease, the arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound by the rules of evidence or of civil procedure, but may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. The parties intend to limit live testimony and cross-examination to the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(s), the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator(s) may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award attorneys’ fees and costs to the prevailing party but shall not have the power to award punitive or exemplary damages. Venue of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashion, such that removal would require substantial work and repair to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) of the Lease.

Arbitration of Certain Disputes. The arbitration If the Parties are unable to reach agreement under Section 2.5(e) (concerning the terms of Mediated Disputes not settled by mediation between a carriage agreement) or to resolve any other dispute which the parties have agreed will be subject to this Section 7.5 (each, a “Dispute”), the Dispute shall be decided by arbitration resolved in accordance with the then applicable rules following procedures: (a) All Disputes shall be finally settled under the Rules of Arbitration of the AAA, unless International Chamber of Commerce by a single arbitrator appointed in accordance with such Rules (the parties mutually agree to other arbitration procedures. Notice “Arbitrator”). (b) The site of the demand for arbitration shall be filed New York, New York or such other location as the Parties may mutually agree in writing with writing, any award shall be deemed to have been made there, and the language to be used in the arbitration proceedings shall be the English language. (c) Within 30 days after the appointment of the Arbitrator (the “Submission Period”), each party to the Dispute shall submit to the Arbitrator, in a sealed envelope, a written statement setting forth such Party’s good faith proposal for the resolution of the contested issue. (d) Such submissions shall remain secret until after the Arbitrator has received each Party’s proposal, at which time the Arbitrator shall inform each Party of the other’s proposal. No such proposal may be amended after it is submitted to the Arbitrator. If any Party fails to submit its proposal by the end of the Submission Period, the Arbitrator shall order the adoption of the other party to this Lease and with the AAAParty’s proposal. The demand Arbitrator may rely upon such evidence as the Arbitrator may choose in his or her discretion in making such determination. Within 10 days after the Arbitrator informs each Party of the other’s proposal, either Party may also submit to the Arbitrator such written evidence in support of its position as it deems appropriate. The Arbitrator shall be made within five empowered to convene a hearing not to exceed three (53) days in length at which the Arbitrator shall be permitted to question either Party regarding their respective positions or, in lieu of such hearing, to submit written questions to either Party. (e) Within fifteen (15) days after the mediation is concluded. This agreement closing of the arbitration hearing, the Arbitrator will prepare and distribute to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a partywriting setting forth the Arbitrator’s initial demand for arbitration each party decision relating to the Dispute. The Arbitrator shall select an arbitrator compare the proposals and shall determine which proposal he or she believes to be the two arbitrators so selected shall select a third arbitrator who shall then arbitrate the dispute. Except as may be otherwise agreed by the parties to this Lease, the arbitration shall be conducted resolution most closely in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on relevant provisions of this Agreement and shall order the date hereof, adoption of such proposal as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(srelief granted. (f) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound Any award rendered by the rules of evidence or of civil procedure, but may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. The parties intend to limit live testimony and cross-examination to the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(s), the award shall Arbitrator will be final, conclusive and binding upon the Parties and any judgment thereon may be entered and enforced in any court having jurisdiction thereof. of competent jurisdiction. (g) The arbitrator(s) may award injunctive relief or any other remedy available from a judgenon-prevailing party will bear all fees, including costs and expenses of the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economyArbitration, and may award all the fees, costs and expenses of its own attorneys’ , experts and witnesses; and will reimburse all reasonable attorney’s fees and costs to expenses incurred by the prevailing party but shall not have the power in connection with such proceedings, in addition to award punitive or exemplary damages. Venue of any arbitration conducted pursuant other relief to this paragraph shall which it may be in Seattle, Washington. Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached entitled. (h) Notwithstanding anything to the premises contrary in this Section 7.5, either party may seek injunctive relief from a permanent fashion, such that removal would require substantial work and repair to court of competent jurisdiction (in accordance with Section 7.4) at any time without complying with the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) of the Leaseforegoing provisions.

Arbitration of Certain Disputes. The arbitration Parties agree that the Court shall have the authority and continuing jurisdiction to enforce all portions of Mediated Disputes the Settlement Agreement except for the provisions set out in Section IV.D. If Class Counsel believe that GTL has not settled by mediation between substantially complied with any provision of Section IV.D of this Settlement Agreement, as it relates to class-wide non-monetary relief, Class Counsel shall first notify GTL of the parties shall alleged breach and provide GTL 30 days to meet and confer regarding any alleged non-compliance, and an additional 15 days to cure any alleged non-compliance. If the Parties cannot resolve the issue informally, the alleged non-compliance will be decided by arbitration at JAMS in accordance with Fulton County, Georgia pursuant to JAMS Streamlined Arbitration Rules & Procedures. In the then applicable rules of the AAA, unless the parties mutually agree event Xxx Xxxxxxxx is available to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator use Xxx Xxxxxxxx as arbitrator, and the two arbitrators so selected shall select a third arbitrator who shall then Parties waive any conflict of interest arising out of Xxx Xxxxxxxx’x potential service as arbitrator. In the event Xxx Xxxxxxxx is not available and R. Xxxxx Xxxxxx is available to arbitrate the dispute. Except as may be otherwise agreed by , then the parties shall use R. Xxxxx Xxxxxx as arbitrator. In the event that neither Xxx Xxxxxxxx nor R. Xxxxx Xxxxxx are available, then the parties shall select the arbitrator pursuant to JAMS rules. Any arbitration pursuant to this LeaseSection XV.B shall be subject to the requirements of the Federal Arbitration Act. Nothing in this Settlement Agreement shall permit the arbitrator to void or reform any of GTL’s contracts. GTL shall bear the expenses of any arbitration brought pursuant to this Section XV.B. If the Arbitrator determines, in his/her sole discretion that the claims brought by Class Counsel in any arbitration brought under this Section XV.B are frivolous, Class Counsel shall bear the expenses of such arbitration. In all events, the arbitration Parties shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound by the rules of evidence or of civil procedure, but may consider such writings and oral presentations as reasonable business people would use in the conduct of each pay their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. The parties intend to limit live testimony and cross-examination to the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(s), the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator(s) may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award own respective attorneys’ fees and costs to the prevailing in any such arbitration. Nothing herein shall prevent either party but shall not have the power to award punitive or exemplary damages. Venue from seeking relief in aid of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashioncourt of competent jurisdiction. Consistent with Section IV.E and for the avoidance of all doubt, such that removal would require substantial work and repair nothing in this provision shall limit GTL from responding to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work contracting with a governmental or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located other entity in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) of the Leaseordinary course.

Arbitration of Certain Disputes. In the event that the Employer advises the Employee that he is being terminated for Due Cause pursuant to Section 6(a) and the Employee disputes such determination and instead claims that he is being terminated pursuant to Section 6(e), the Employee must notify the Employer of his disagreement regarding the grounds for termination within thirty (30) days following the date of termination. The arbitration of Mediated Disputes not settled by mediation between Employee agrees that if he fails to deliver such notice within such thirty (30) day period, he will lose the parties right to dispute whether the termination was pursuant to Section 6(e), and he shall be decided by arbitration limited to the rights and remedies provided for in Section 6(a). In the event that the Employee notifies the Employer of his disagreement within such thirty (30) day period, the dispute shall be resolved in accordance with the then applicable rules following provisions: (a) The Employee shall, within ten (10) days of notifying the Employer of his disagreement, file a demand for arbitration with the American Arbitration Association. (b) The dispute shall be resolved by a confidential, binding arbitration pursuant to the National Rules for the Resolution of Employment Disputes of the AAAAmerican Arbitration Association, as modified by the agreement of the parties as set forth below. (c) The dispute shall be resolved by a single neutral arbitrator, who shall be selected by agreement of the parties, or selected in accordance with American Arbitration Association procedures if the parties cannot agree. (d) The Employer and the Employee agree to engage in expedited discovery (including both document production and depositions) so that each party can obtain disclosure of relevant, non-privileged materials in a manner that will permit the close of discovery, and then the hearing on the merits, to occur within sixty (60) days after the filing of the arbitration demand, unless the parties mutually agree to other extend such period. (e) The sole issue to be resolved by the arbitrator shall be whether the termination was for Due Cause. If the arbitrator rules that the termination was not for Due Cause, the relief to be ordered by the arbitrator shall be limited to ordering the Employer to comply with the provisions of Section 6(e)(ii). (f) Each party shall bear its own expenses (including without limitation the fees and expenses of legal counsel and accountants) in connection with such arbitration procedures. Notice and the Employer and the Employee shall each bear one-half of the demand for arbitration shall be filed in writing with the other party to this Lease arbitrator's fees and with the AAAexpenses. The demand Employee agrees that, pending the resolution of any dispute described in this Section 7, he shall be made within five (5) days after the mediation is concluded. This agreement continue to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator and the two arbitrators so selected shall select a third arbitrator who shall then arbitrate the dispute. Except as may be otherwise agreed by the parties to this Lease, the arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound by the rules provisions of evidence or of civil procedure, but may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. The parties intend to limit live testimony and cross-examination to the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten Section 5 (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(sincluding Section 5(a)), as if the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator(s) may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award attorneys’ fees and costs to the prevailing party but shall not have the power to award punitive or exemplary damages. Venue of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashion, such that removal would require substantial work and repair to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made termination was pursuant to Section 3(a) 6(a). The Employee further agrees that, following the resolution of any dispute described in this Section 7, he shall continue to be bound by the provisions of Section 5, with the duration of the Leaseperiod provided for in Section 5(a) determined by the outcome of the arbitration.

Arbitration of Certain Disputes. In the event that the Employer advises the Employee that he is being terminated for Due Cause pursuant to Section 6(a) and the Employee disputes such determination and instead claims that he is being terminated pursuant to Section 6(e), the Employee must notify the Employer of his disagreement regarding the grounds for termination within thirty (30) days following the date of termination. The arbitration of Mediated Disputes not settled by mediation between Employee agrees that if he fails to deliver such notice within such thirty (30) day period, he will lose the parties right to dispute whether the termination was pursuant to Section 6(e), and he shall be decided by arbitration limited to the rights and remedies provided for in Section 6(a). In the event that the Employee notifies the Employer of his disagreement within such thirty (30) day period, the dispute shall be resolved in accordance with the then applicable rules following provisions: (a) The Employee shall, within ten (10) days of notifying the Employer of his disagreement, file a demand for arbitration with the American Arbitration Association. (b) The dispute shall be resolved by a confidential, binding arbitration pursuant to the National Rules for the Resolution of Employment Disputes of the AAAAmerican Arbitration Association, as modified by the agreement of the parties as set forth below. (c) The dispute shall be resolved by a single neutral arbitrator, who shall be selected by agreement of the parties, or selected in accordance with American Arbitration Association procedures if the parties cannot agree. (d) The Employer and the Employee agree to engage in expedited discovery (including both document production and depositions) so that each party can obtain disclosure of relevant, non-privileged materials in a manner that will permit the close of discovery, and then the hearing on the merits, to occur within sixty (60) days after the filing of the arbitration demand, unless the parties mutually agree to other extend such period. (e) The sole issue to be resolved by the arbitrator shall be whether the termination was for Due Cause. If the arbitrator rules that the termination was not for Due Cause, the relief to be ordered by the arbitrator shall be limited to ordering the Employer to comply with the provisions of Section 6(e)(ii). (f) Each party shall bear its own expenses (including without limitation the fees and expenses of legal counsel and accountants) in connection with such arbitration procedures. Notice and the Employer and the Employee shall each bear one-half of the demand for arbitration shall be filed in writing with the other party to this Lease arbitrator's fees and with the AAAexpenses. The demand Employee agrees that, pending the resolution of any dispute described in this Section 7, he shall be made within five (5) days after the mediation is concluded. This agreement continue to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator and the two arbitrators so selected shall select a third arbitrator who shall then arbitrate the dispute. Except as may be otherwise agreed by the parties to this Lease, the arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound by the rules provisions of evidence or Section 5 (including Section 5(a) and Section 5(b)). The Employee further agrees that, following the resolution of civil procedureany dispute described in this Section 7, but may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine he shall continue to be appropriate. The parties intend to limit live testimony and cross-examination to bound by the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten (10) days following provisions of Section 5, with the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity duration of the award. The written decisions shall contain a brief statement period provided for in Section 5(a) and Section 5(b) determined by the outcome of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(s), the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator(s) may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award attorneys’ fees and costs to the prevailing party but shall not have the power to award punitive or exemplary damages. Venue of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashion, such that removal would require substantial work and repair to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) of the Leasearbitration.

Arbitration of Certain Disputes. The arbitration Except as described in the last sentence of Mediated Disputes this section and the section above entitled “Right to Enforce Agreement and Cooperate with the Government,” and to the fullest extent allowed by law, you and McDonald’s agree that all disputes, claims, and causes of action relating to or arising under your employment or separation of employment, including but not settled by mediation between limited to claims of discrimination or unlawful termination and the parties interpretation, application, validity, breach and enforcement of this Agreement, shall be decided resolved solely and exclusively by final, binding and confidential arbitration in accordance with before a single arbitrator pursuant to the then applicable rules of the AAA, unless American Arbitration Association applicable to employment disputes (the parties mutually agree to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease Employment Arbitration Rules) and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator and the two arbitrators so selected shall select a third arbitrator who shall then arbitrate the dispute. Except as may be otherwise agreed by the parties to this Lease, the arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) such claims shall not be bound by the rules brought in court. All applicable statutes of evidence or of civil procedure, but may consider such writings limitations will be preserved and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to will be appropriateapplicable. The parties intend to limit live testimony and cross-examination agree that, to the extent necessary any such dispute, claim or cause of action arises, it must be brought in your individual capacity and not maintained on a class action, collective action, or representative action basis, that these same limits apply to ensure a fair on material issuesMcDonald’s, and that the arbitrator is prohibited from presiding over class, collective or representative claims. The arbitrator(s) shall take such steps as Claims may not be joined or consolidated in arbitration with claims brought by other individuals, and no damages, penalties or other remedies may be necessary sought or received on behalf of other individuals unless expressly agreed to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and in writing by all parties. Nothing in this paragraph shall limit the arbitrator’s written decision shall be made ability to award a party all statutory and common law remedies available under any claim brought by that party in an individual capacity that has not later than seven (7) calendar days after the hearingbeen waived or released by this Agreement. The parties have included understand and agree that this paragraph waives their right to a jury trial on these time limits claims. In any such arbitration, the waivers and releases contained in order this Agreement will be fully applicable and enforceable. In the event a waiver of class, collective or representative claims is found to expedite be unlawful or unenforceable, then the proceedingonly forum for such an action will be court, but they are not jurisdictionalarbitration. Additionally, to the fullest extent allowed by law, if any proceeding may be brought by you or McDonald’s in court or any other forum relating to or arising under your employment or separation of employment or the interpretation, application, validity, breach and enforcement of this Agreement, it shall be brought in an individual capacity and not maintained on a class, collective or representative action basis. Nothing herein shall prohibit or interfere with your right to file a charge, cooperate or participate in an investigation or proceeding conducted by the arbitrator(s) may for good cause allow reasonable extension Equal Employment Opportunity Commission, or delaysother federal, which shall not affect the validity of the award. The written decisions shall contain state, or local agency, or your right to file a brief statement of the claim(s) determined and the award made on each workers’ compensation or unemployment claim. In making Notwithstanding the decision and awardforegoing, the arbitrator(s) shall apply applicable substantive law. Absent fraudMcDonald’s may in its discretion seek injunctive or other equitable relief, collusion or willful misconduct by the arbitrator(s)pending resolution of arbitration, the award shall be final, and judgment may be entered in any court having of competent jurisdiction thereoffor any violation of the Non-Compete; Non-Solicitation of Employees; Non-Interference with Business Relationships; Confidentiality of Employee Names; Non-Disturbance; and Confidential Information or other post-employment obligations provided for in this Agreement. The arbitrator(s) Notwithstanding anything to the contrary herein, any dispute as to whether a claim is arbitrable or whether a claim may award injunctive relief be maintained on a class action, collective action, or any other remedy available from a judge, including the joinder of parties representative action basis or consolidation of this may be joined or consolidated in arbitration with any claims brought by other involving common issues of law or fact or which may promote judicial economyindividuals, and may award attorneys’ fees and costs to the prevailing party but shall not have the power to award punitive or exemplary damages. Venue of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. Tenant’s Fixed Equipment shall be those portions determined by the United States District Court for the Northern District of Tenant’s Work which are attached to Illinois or the premises in a permanent fashion, such that removal would require substantial work and repair to Circuit Court of the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date Eighteenth Judicial Circuit (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(aDuPage County) of the LeaseState of Illinois, and you and McDonald’s submit to the jurisdiction of those courts and agree to such venue. Further, nothing in this Agreement prohibits you from reporting possible violations of federal, state or local law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, the Congress, and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal, state or local law or regulation. You do not need the prior authorization or approval of the Law Department or anyone else at McDonald’s to make any such reports or disclosures and you are not required to notify the company that you have made such reports or disclosures.

Arbitration of Certain Disputes. The arbitration If the Parties are unable to reach agreement under Section 4.3(c) concerning the terms of Mediated Disputes not settled by mediation between a carriage agreement (a "Dispute"), the parties Dispute shall be decided by arbitration resolved in accordance with the then applicable rules following procedures: (a) All Disputes shall be finally settled under the Rules of Arbitration of the AAA, unless International Chamber of Commerce by a single arbitrator appointed in accordance with such Rules (the parties mutually agree to other arbitration procedures. Notice "Arbitrator"). (b) The site of the demand for arbitration shall be filed New York, New York or such other location as the Parties may mutually agree in writing with writing, any award shall be deemed to have been made there, and the language to be used in the arbitration proceedings shall be the English language. (c) Within 30 days after the appointment of the Arbitrator (the "Submission Period"), each party to the Dispute shall submit to the Arbitrator, in a sealed envelope, a written statement setting forth such Party's good faith proposal for the resolution of the contested issue. (d) Such submissions shall remain secret until after the Arbitrator has received each Party's proposal, at which time the Arbitrator shall inform each Party of the other's proposal. No such proposal may be amended after it is submitted to the Arbitrator. If any Party fails to submit its proposal by the end of the Submission Period, the Arbitrator shall order the adoption of the other party to this Lease and with the AAAParty's proposal. The demand Arbitrator may rely upon such evidence as the Arbitrator may choose in his or her discretion in making such determination. Within 10 days after the Arbitrator informs each Party of the other's proposal, either Party may also submit to the Arbitrator such written evidence in support of its position as it deems appropriate. The Arbitrator shall be made within five empowered to convene a hearing not to exceed three (53) days in length at which the Arbitrator shall be permitted to question either Party regarding their respective positions or, in lieu of such hearing, to submit written questions to either Party. (e) Within fifteen (15) days after the mediation is concluded. This agreement closing of the arbitration hearing, the Arbitrator will prepare and distribute to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party writing setting forth the Arbitrator's decision relating to the Dispute. The Arbitrator shall select an arbitrator compare the proposals and shall determine which proposal he or she believes to be the two arbitrators so selected shall select a third arbitrator who shall then arbitrate the dispute. Except as may be otherwise agreed by the parties to this Lease, the arbitration shall be conducted resolution most closely in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on relevant provisions of this Agreement and shall order the date hereof, adoption of such proposal as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(srelief granted. (f) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound Any award rendered by the rules of evidence or of civil procedure, but may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. The parties intend to limit live testimony and cross-examination to the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(s), the award shall Arbitrator will be final, conclusive and binding upon the Parties and any judgment thereon may be entered and enforced in any court having jurisdiction thereof. of competent jurisdiction. (g) The arbitrator(s) may award injunctive relief or any other remedy available from a judgenon-prevailing party will bear all fees, including costs and expenses of the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economyArbitration, and may award all the fees, costs and expenses of its own attorneys’ , experts and witnesses; and will reimburse all reasonable attorney's fees and costs to expenses incurred by the prevailing party but shall not have the power in connection with such proceedings, in addition to award punitive or exemplary damages. Venue of any arbitration conducted pursuant other relief to this paragraph shall which it may be in Seattle, Washington. Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached entitled. (h) Notwithstanding anything to the premises contrary in this Section 11.5, either party may seek injunctive relief from a permanent fashion, such that removal would require substantial work and repair to court of competent jurisdiction (in accordance with Section 11.4) at any time without complying with the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) of the Leaseforegoing provisions.

Arbitration of Certain Disputes. The arbitration Except as described in the last sentence of Mediated Disputes this section and the section above entitled “Right to Enforce Agreement and Cooperate with the Government, and to the fullest extent allowed by law, you and McDonald’s agree that all Claims relating to or arising under your employment or separation of employment, including but not settled by mediation between limited to Claims of discrimination or unlawful termination and the parties interpretation, application, validity, breach and enforcement of this Agreement, shall be decided resolved solely and exclusively by final, binding and confidential arbitration in accordance with before a single arbitrator pursuant to the then applicable rules of the AAA, unless American Arbitration Association applicable to employment disputes (the parties mutually agree to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease Employment Arbitration Rules) and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator and the two arbitrators so selected shall select a third arbitrator who shall then arbitrate the dispute. Except as may be otherwise agreed by the parties to this Lease, the arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) such Claims shall not be bound by brought in court. All applicable statutes of limitations shall be preserved and shall be applicable The parties agree that, to the rules of evidence extent any such Claim arises, it must be brought in your individual capacity and not maintained on a class action, collective action, or of civil procedurerepresentative action basis, but may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairsthat these same limits apply to McDonald’s, and that the arbitrator is prohibited from presiding over class, collective or representative Claims. Claims may require not be joined or consolidated in arbitration with Claims brought by other individuals, and no damages, penalties or other remedies may be sought or received on behalf of other individuals unless expressly agreed to in writing by all parties. Nothing in this paragraph shall limit the parties arbitrator’s ability to submit some award a party all statutory and common law remedies available under any Claim brought by that party in an individual capacity that has not been waived or all of their case released by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriatethis Agreement. The parties intend understand and agree that this paragraph waives their right to limit live testimony a jury trial on these Claims. In any such arbitration, the waivers and cross-examination releases contained in this Agreement shall be fully applicable and enforceable. In the event a waiver of class, collective or representative Claims is found to be unlawful or unenforceable, then the only forum for such an action shall be court, not arbitration. Additionally, to the fullest extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as allowed by law, if any proceeding may be necessary brought by you or McDonald’s in court or any other forum relating to hold a private hearing within ten (10) days following or arising under your employment or separation of employment or the date the arbitrator has have been selected interpretation, application, validity, breach and to conclude the hearing within two (2) days; and the arbitrator’s written decision enforcement of this Agreement, it shall be made brought in an individual capacity and not later than seven (7) calendar days after the hearingmaintained on a class, collective or representative action basis. The parties have included these time limits Nothing herein shall prohibit or interfere with your right to file a charge, cooperate or participate in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension an investigation or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct proceeding conducted by the arbitrator(s)Equal Employment Opportunity Commission, or other federal, state, or local agency, or your right to file a workers’ compensation or unemployment Claim. Notwithstanding the award shall be finalforegoing, and judgment McDonald’s may be entered in its discretion seek injunctive or other equitable relief, pending resolution of arbitration, in any court having of competent jurisdiction thereof. The arbitrator(s) may award injunctive relief or for any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award attorneys’ fees and costs to the prevailing party but shall not have the power to award punitive or exemplary damages. Venue of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashion, such that removal would require substantial work and repair to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) violation of the LeaseNon-Compete; Non-Solicitation of Employees; Non-Interference with Business Relationships; Confidentiality of Employee Names; Non-Disturbance; and Confidential Information or other post-employment obligations provided for in this Agreement.

Arbitration of Certain Disputes. The arbitration Parties agree that the Court shall have the authority and continuing jurisdiction to enforce all portions of Mediated Disputes the Settlement Agreement except for the provisions set out in Section IV.D. If Class Counsel believe that GTL has not settled by mediation between substantially complied with any provision of Section IV.D of this Settlement Agreement, as it relates to class-wide non-monetary relief, Class Counsel shall first notify GTL of the parties shall alleged breach and provide GTL 30 days to meet and confer regarding any alleged non-compliance, and an additional 15 days to cure any alleged non-compliance. If the Parties cannot resolve the issue informally, the alleged non-compliance will be decided by arbitration at JAMS in accordance with Xxxxxx County, Georgia pursuant to JAMS Streamlined Arbitration Rules & Procedures. In the then applicable rules of the AAA, unless the parties mutually agree event Xxx Xxxxxxxx is available to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator use Xxx Xxxxxxxx as arbitrator, and the two arbitrators so selected shall select a third arbitrator who shall then Parties waive any conflict of interest arising out of Xxx Xxxxxxxx’x potential service as arbitrator. In the event Xxx Xxxxxxxx is not available and X. Xxxxx Xxxxxx is available to arbitrate the dispute. Except as may be otherwise agreed by , then the parties shall use X. Xxxxx Xxxxxx as arbitrator. In the event that neither Xxx Xxxxxxxx nor X. Xxxxx Xxxxxx are available, then the parties shall select the arbitrator pursuant to JAMS rules. Any arbitration pursuant to this LeaseSection XV.B shall be subject to the requirements of the Federal Arbitration Act. Nothing in this Settlement Agreement shall permit the arbitrator to void or reform any of GTL’s contracts. GTL shall bear the expenses of any arbitration brought pursuant to this Section XV.B. If the Arbitrator determines, in his/her sole discretion that the claims brought by Class Counsel in any arbitration brought under this Section XV.B are frivolous, Class Counsel shall bear the expenses of such arbitration. In all events, the arbitration Parties shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound by the rules of evidence or of civil procedure, but may consider such writings and oral presentations as reasonable business people would use in the conduct of each pay their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. The parties intend to limit live testimony and cross-examination to the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(s), the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator(s) may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award own respective attorneys’ fees and costs to the prevailing in any such arbitration. Nothing herein shall prevent either party but shall not have the power to award punitive or exemplary damages. Venue from seeking relief in aid of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashioncourt of competent jurisdiction. Consistent with Section IV.E and for the avoidance of all doubt, such that removal would require substantial work and repair nothing in this provision shall limit GTL from responding to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work contracting with a governmental or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located other entity in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) of the Leaseordinary course.

Arbitration of Certain Disputes. The arbitration Parties agree that the Court shall have the authority and continuing jurisdiction to enforce all portions of Mediated Disputes the Settlement Agreement except for the provisions set out in Section IV.D. If Class Counsel believe that GTL has not settled by mediation between substantially complied with any provision of Section IV.D of this Settlement Agreement, as it relates to class-wide non-monetary relief, Class Counsel shall first notify GTL of the parties shall alleged breach and provide GTL 30 days to meet and confer regarding any alleged non-compliance, and an additional 15 days to cure any alleged non-compliance. If the Parties cannot resolve the issue informally, the alleged non-compliance will be decided by arbitration at JAMS in accordance with Xxxxxx County, Georgia pursuant to JAMS Streamlined Arbitration Rules & Procedures. In the then applicable rules of the AAA, unless the parties mutually agree event Xxx Xxxxxxxx is available to other arbitration procedures. Notice of the demand for arbitration shall be filed in writing with the other party to this Lease and with the AAA. The demand shall be made within five (5) days after the mediation is concluded. This agreement to arbitrate shall be specifically enforceable under prevailing state or federal arbitration law. A single arbitrator experienced in commercial building construction, shall arbitrate the dispute, provided that if the parties cannot agree on an arbitrator within ten (10) days following a party’s initial demand for arbitration each party shall select an arbitrator use Xxx Xxxxxxxx as arbitrator, and the two arbitrators so selected shall select a third arbitrator who shall then Parties waive any conflict of interest arising out of Xxx Xxxxxxxx’x potential service as arbitrator. In the event Xxx Xxxxxxxx is not available and R. Xxxxx Xxxxxx is available to arbitrate the dispute. Except as may be otherwise agreed by , then the parties shall use R. Xxxxx Xxxxxx as arbitrator. In the event that neither Xxx Xxxxxxxx nor R. Xxxxx Xxxxxx are available, then the parties shall select the arbitrator pursuant to JAMS rules. Any arbitration pursuant to this LeaseSection XV.B shall be subject to the requirements of the Federal Arbitration Act. Nothing in this Settlement Agreement shall permit the arbitrator to void or reform any of GTL’s contracts. GTL shall bear the expenses of any arbitration brought pursuant to this Section XV.B. If the Arbitrator determines, in his/her sole discretion that the claims brought by Class Counsel in any arbitration brought under this Section XV.B are frivolous, Class Counsel shall bear the expenses of such arbitration. In all events, the arbitration Parties shall be conducted in accordance with the AAA Commercial Arbitration Rules with Expedited Procedures, in effect on the date hereof, as modified by this section. There shall be no dispositive motion practice. As may be shown to be necessary to ensure a fair hearing the arbitrator(s) may authorize limited discovery and may enter pre-hearing orders regarding (without limitation) scheduling, document exchange, witness disclosure and issues to be heard. The arbitrator(s) shall not be bound by the rules of evidence or of civil procedure, but may consider such writings and oral presentations as reasonable business people would use in the conduct of each pay their day-to-day affairs, and may require the parties to submit some or all of their case by written declaration or such other manner of presentation as the arbitrator(s) may determine to be appropriate. The parties intend to limit live testimony and cross-examination to the extent necessary to ensure a fair on material issues. The arbitrator(s) shall take such steps as may be necessary to hold a private hearing within ten (10) days following the date the arbitrator has have been selected and to conclude the hearing within two (2) days; and the arbitrator’s written decision shall be made not later than seven (7) calendar days after the hearing. The parties have included these time limits in order to expedite the proceeding, but they are not jurisdictional, and the arbitrator(s) may for good cause allow reasonable extension or delays, which shall not affect the validity of the award. The written decisions shall contain a brief statement of the claim(s) determined and the award made on each claim. In making the decision and award, the arbitrator(s) shall apply applicable substantive law. Absent fraud, collusion or willful misconduct by the arbitrator(s), the award shall be final, and judgment may be entered in any court having jurisdiction thereof. The arbitrator(s) may award injunctive relief or any other remedy available from a judge, including the joinder of parties or consolidation of this arbitration with any other involving common issues of law or fact or which may promote judicial economy, and may award own respective attorneys’ fees and costs to the prevailing in any such arbitration. Nothing herein shall prevent either party but shall not have the power to award punitive or exemplary damages. Venue from seeking relief in aid of any arbitration conducted pursuant to this paragraph shall be in Seattle, Washington. Tenant’s Fixed Equipment shall be those portions of Tenant’s Work which are attached to the premises in a permanent fashioncourt of competent jurisdiction. Consistent with Section IV.E and for the avoidance of all doubt, such that removal would require substantial work and repair nothing in this provision shall limit GTL from responding to the Premises. Tenant’s Moveable Equipment shall be equipment that is moveable or detachable from the Premises without substantial work contracting with a governmental or repair. Landlord and Tenant shall use diligent efforts to agree upon the delineation between Fixed Equipment and Moveable Equipment upon Landlord’s receipt and review of Tenant’s Design Development drawings and Final Contract Drawings. Landlord: 307 WESTLAKE LLC, a Washington limited liability company Tenant: CHILDREN’S HOSPITAL AND REGIONAL MEDICAL CENTER, a Washington nonprofit corporation This Confirmation of Commencement Date (“Confirmation”) is made by Landlord and Tenant pursuant to that certain Lease dated as of , 2002 (the “Lease”) for certain premises located other entity in the 2nd and 3rd floors in the building commonly known as “307 Westlake” (the “Premises”). This Confirmation is made pursuant to Section 3(a) of the Leaseordinary course.