Common use of Arbitration Provision Clause in Contracts

Arbitration Provision. ⦁ Except as provided below, Lessor and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the XXXX or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except as provided below, Lessor and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the XXXX or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor Xxxxxx each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISIONARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND AS WELL AS LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX LESSOR AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except as provided belowAny claim, Lessor and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the XXXX or any claim that arises between of bodily injury or property damagedispute, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and Xxxxxx, controversy (whether based in contract, tort, statuteor otherwise, fraudwhether pre-existing, misrepresentationpresent, or future, and including statutory, common law, intentional tort, and equitable claims) arising from or relating to any transaction you have ever entered into with us pursuant to this Agreement or pursuant to any past agreement between you and us or your application for such transactions or our advertisements, promotion, or oral or written statements relating to such transactions or the relationships which result from such transactions (including, to the full extent permitted by applicable law, relationships with third-parties who are not signatories to such agreements or this Arbitration Provision) or the validity, enforceability, or scope of this Arbitration Provision, this Agreement, or any other legal theorypast agreements (collectively "Claim") shall be resolved, upon the election of you or us or said third-parties, by binding arbitration pursuant to this Arbitration Provision. “Claims” also include such Notwithstanding the preceding sentence, you will have the right to seek relief in a small claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action court for possession a Claim within the scope of the Premises under California Code small claims court's jurisdiction; provided, however, that Claims involving a punitive class or alleged monetary damages exceeding the jurisdiction of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”)a small claims court shall be subject to binding arbitration pursuant to this Arbitration Provision. ⦁ Unless Lessee A party who has asserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim subsequently asserted in that lawsuit by any other party or parties. If arbitration is chosen by any person entitled to elect to arbitrate a Claim, then arbitration of all Claims shall be mandatory and Lessor each agree otherwise, the Arbitration will be conducted with the AAA pursuant to the AAA's Consumer Arbitration Rules; provided, however, that if for any reason the AAA is unable or unwilling or ceases to serve as arbitration administrator, an equivalent national arbitration organization utilizing a similar code of procedure will be substituted by us. There shall be no authority for any Claims to be arbitrated on a singleclass action basis. Further, neutral third party arbitrator (arbitration can only decide our or your Claim and may not consolidate or join the “Arbitrator”), claims of other persons who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEALmay have similar claims. Any such participatory hearing that you attend will take place in the federal judicial district of your residence. We will pay the AAA's filing fee, other AAA fees, and the arbitrators' compensation for any Claim which you may file against us. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys', experts', and witnesses' fees, regardless of which party prevails in the arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be held in Los Angelesgoverned by the Federal Arbitration Act ("FAA", California, in accordance 9 U.S.C. Sections 1-16). The arbitrator shall apply applicable substantive law consistent with the laws FAA and applicable statutes of the State limitations and shall honor claims of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment privilege recognized by law. Judgment upon the award rendered in said arbitration shall be final and by the arbitrator may be entered in any court in the State having jurisdiction. This Arbitration Provision shall survive satisfaction of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 your contractual obligations and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms termination of this AgreementAgreement or any past agreement you have entered into with us. The costs If this Agreement or any past agreement between you and us or any portion of such agreements is deemed invalid or unenforceable on the basis that such agreements violate applicable usury law or for any other reason, it shall not invalidate this Arbitration Provision; in such instance, the parties expressly acknowledge and agree that this Arbitration Provision shall survive the deemed nullity of such agreements and shall be borne equally by severed from such agreements (or the Lessor and Xxxxxxinvalid or unenforceable portion of such agreements). ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDESimilarly, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; if any such Claims shall be subject to Arbitration under the terms portion of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of is deemed invalid or unenforceable under the Premises must be brought in Superior CourtFAA, it shall be brought in should not invalidate the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms remaining portions of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceedingArbitration Provision.

Arbitration Provision. ⦁ Important Note Regarding this Arbitration Provision: o Except as provided below, Lessor arbitration does not limit or affect the legal claims you may bring against the Company. Agreeing to arbitration only affects where any such claims may be brought and Lessee agree how they will be resolved. o Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein. o Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to binding split the cost of any arbitration of all Claims between Lessor and Lesseewith the Company. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way o IMPORTANT: This Arbitration Provision will require you to or arising out of in any way to the XXXX or resolve any claim that arises between you may have against the Company or Envoy America on an individual basis, except as provided below, pursuant to the terms of bodily injury or property damagethe Agreement unless you choose to opt out of the Arbitration Provision. Except as provided below, this provision will preclude you from bringing any class, collective, or representative action (other than actions under the enforcement Private Attorneys General Act of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. 2004 (“Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “ArbitratorPAGA”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Labor Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 § 2698 et seq. However(“PAGA”)) against the Company or Envoy America, this exception does not include Claims that are derivative and also precludes you from participating in or based on violations of California Business and Professionals Code section 17200 et seq.recovering relief under any current or future class, including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal lawcollective, or valuation as provided in California Business and Professions Code section 17200 et seqrepresentative (non-PAGA) action brought against the Company or Envoy America by someone else. WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except Any claim, dispute or controversy between me and HSBC (as specifically defined below for purposes of this Arbitration Provision), whether in contract or tort (intentional or otherwise), whether pre-existing, present or future, and including constitutional, statutory, common law, regulatory, and equitable claims in any way relating to (a) any of these or any other Documents or any ERA that I have previously requested or received from HSBC, (b) advertisements, promotions, or oral or written statements related to this or any other Application for a RAL or any ERA that I have previously requested or received from HSBC, (c) the relationship of HSBC and me relating to any of these or any other Documents or any ERA that I have previously requested or received from HSBC; and (d) except as provided below, Lessor and Lessee agree to binding arbitration the validity, enforceability or scope of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the XXXX this Arbitration Provision or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction part thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, the issue of whether any particular claim, dispute or controversy must be submitted to arbitration arising under (collectively the “Claim”), shall be resolved, upon the election of either me or HSBC, by binding arbitration pursuant to this Arbitration Provision and the applicable rules of the American Arbitration Association (“AAA”) or the National Arbitration Forum (“NAF”) in effect at the time the Claim is filed. I shall have the right to select one of these arbitration administrators (the “Administrator”). The arbitrator must be a lawyer with more than ten (10) years of experience or a retired or former judge. In the event of a conflict between this Arbitration Provision and the rules of the Administrator, this Arbitration Provision shall govern. In the event of a conflict between this Arbitration Provision and the balance of this Application or any other Documents, this Arbitration Provision shall govern. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any organization that has in place a formal or informal policy that is inconsistent with and purports to override the terms of this AgreementArbitration Provision, including the Class Action Waiver Provision defined below. The costs of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting HSBC hereby agrees not to invoke its right to arbitrate an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee individual Claim I may bring Claims in small claims court or an equivalent court, if any, so long as the Claim is pending only in that court. Either Lessor No class actions or Lessee may pursue private attorney general actions in court or in arbitration or joinder or consolidation of claims in court or in arbitration with other persons, are permitted without the selfconsent of HSBC and me. The validity and effect of the preceding sentence (herein referred to as the “Class Action Waiver Provision”) shall be determined exclusively by a court and not by the Administrator or any arbitrator. Neither the Administrator nor any arbitrator shall have the power or authority to waive, modify or fail to enforce the Class Action Waiver Provision, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any arbitration hearing that I attend will take place in a location that is reasonably convenient for me. On any Claim I file, I will pay the first $50.00 of the filing fee. At my request, HSBC will pay the remainder of the filing fee and any administrative or hearing fees charged by the Administrator, up to $1,500.00 on any Claim asserted by me in the arbitration. If I should be required to pay any additional fees to the Administrator, HSBC will consider a request by me to pay all or part of the additional fees; however, HSBC shall not be obligated to pay any additional fees unless the arbitrator grants me an award. If the arbitrator grants an award in my favor, HSBC will reimburse me for any additional fees paid or owed by me to the Administrator up to the amount of the fees that would have been charged if the original Claim had been for the amount of the actual award in my favor. If the arbitrator issues an award in HSBC’s favor, I will not be required to reimburse HSBC for any fees HSBC has previously paid to the Administrator or for which HSBC is responsible. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-help 16 (the “FAA”), and other not by any state law concerning arbitration. The arbitrator shall follow and apply applicable substantive law to the extent consistent with the FAA, statutes of limitation and claims of privilege and shall be authorized to award all remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq.permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief and attorneys’ fees and costs. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Provision and, to the extent consistent with this Arbitration Provision, the Administrator’s rules. Upon request of either party, the arbitrator shall prepare a short reasoned written opinion supporting the arbitration award. Judgment upon the award may be entered in any court having jurisdiction. The arbitrator’s award will be final and binding except for: (a) any appeal right under the FAA; and (b) any appeal of Claims involving more than $100,000. For such Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider de novo (i.e., in its entirety) any aspect or all aspects of the initial award that is appealed. The panel’s decision will be final and binding, except for conversionany appeal right under the FAA. Unless applicable law provides otherwise, negligencethe appealing party will pay the appeal’s costs (i.e., breach the amounts owed to the Administrator and the arbitrators), regardless of contractits outcome. However, HSBC will consider in good faith any reasonable request for HSBC to bear up to the full costs of the appeal. Nothing in this Arbitration Provision shall be construed to prevent HSBC’s use of offset or other violations contractual rights involving payment of state my income tax refund or federal lawother amount on deposit with HSBC to pay off any ERA, RAL, or valuation similar financial service, or BFC or other fees, now or thereafter owed by me to HSBC or any Other ERA or RAL Lender or BFC or third party pursuant to the Documents or similar prior documents. I ACKNOWLEDGE THAT I HAVE A RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY, BUT I PREFER TO RESOLVE ANY SUCH CLAIMS THROUGH ARBITRATION AND HEREBY KNOWINGLY AND VOLUNTARILY WAIVE MY RIGHTS TO LITIGATE SUCH CLAIMS IN COURT BEFORE A JUDGE OR JURY, UPON ELECTION OF ARBITRATION BY HSBC OR BY ME. I ACKNOWLEDGE THAT I WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR CLAIMANTS OR AS A PRIVATE ATTORNEY GENERAL PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. I UNDERSTAND THAT, IF I AM A MEMBER OF THE PUTATIVE CLASS IN CUMMINS, ET AL., V. H&R BLOCK, ET AL., CASE NO. 03-C-134 IN THE CIRCUIT COURT OF KANAWHA COUNTY, WV, THIS ARBITRATION CLAUSE MAY NOT ACT AS A WAIVER OF THE RIGHTS AND CLAIMS I MAY HAVE IN THAT ACTION. This Arbitration Provision shall supersede any prior Arbitration Provisions contained in any previous ERA application or related agreement and shall survive repayment of any ERA and termination of my account; provided, however, that if I reject this Arbitration Provision as provided set forth below, all prior Arbitration Provisions shall remain in California Business full force and Professions Code section 17200 et seq.; ; effect. If any such Claims shall be subject to Arbitration under the terms portion of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Courtis deemed invalid or unenforceable, it will not invalidate the remaining portions of this Arbitration Provision. However, if a determination is made that the Class Action Waiver Provision is unenforceable, this Arbitration Provision (other than this sentence) and any prior Arbitration Provision shall be brought in the Superior Court for the County of Los Angelesnull and void. ⦁ Written Award. The arbitrator's award shall be in writingTo reject this Arbitration Provision, I must send HSBC, c/o HSBC Taxpayer Financial Services, Account Research, P.X. Xxx 00000, Xxxxxxxxxxxx, XX 00000, a signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than writing (“Rejection Notice”) that is received within thirty (30) calendar days following after the conclusion of date I submit this Application. The Rejection Notice must identify the hearing (five (5) days for an Unlawful Detainer Actiontransaction involved and must include my name, address, and social security number and must be signed by all persons signing this Application as Applicant(s). Except I may send the Rejection Notice in any manner I see fit as long as it is received at the case of an Unlawful Detainer Action, specified address within the arbitrator shall give each party at least ten (10) days specified time. No other methods can be used to comment on reject the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Arbitration Agreement. ⦁ Attorneys fees. In any If the Rejection Notice is sent on my behalf by a third party, such Arbitration, third party must include evidence of his or her authority to submit the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceedingRejection Notice oh my behalf.

Arbitration Provision. ⦁ Except as provided Subject to the exceptions set forth below, Lessor Employee agrees that any and Lessee agree all claims or disputes that Employee has with the Company, or any of its employees, which arise out of Employee’s employment or under the terms thereof, shall be resolved through final and binding arbitration, as specified herein. This shall include, without limitation, disputes relating to binding arbitration this Agreement, Employee’s employment by the Employer or the termination thereof, claims for breach of all Claims between Lessor contract or breach of the covenant of good faith and Lessee. ⦁ “Claims” are fair dealing, and any claims of discrimination or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the XXXX or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy claims under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect Title VII of the relationship between Lessor Civil Rights Act of 1964, the Age Discrimination in Employment act, the Americans with Disabilities Act, the Employee Retirement Income Securities Act, the Racketeer Influenced and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentationCorrupt Organizations Act, or any other legal theoryfederal, state or local law or regulation now in existence or hereinafter enacted and as amended from time to time concerning in any way the subject of Employee’s employment with the Company or its termination. “Claims” also include The only claims or disputes not covered by this paragraph are disputes related to (i) claims for benefits under the unemployment insurance or workers’ compensation laws, and (ii) issues affecting the validity, infringement or enforceability of any trade secret or patent rights held or sought by the Company or which the Company could otherwise seek; in both of the foregoing cases such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”)disputes shall not be subject to arbitration and will be resolved pursuant to applicable law. ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration Binding arbitration will be conducted by a singlein Highlands Ranch, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, Colorado in accordance with the laws rules and /s/ Rxxxxx Xxxxxxxxxx regulations of the State American Arbitration Association (AAA), by an arbitrator selected from the AAA Commercial Disputes Panel with a minimum of California five years experience in employment law. If, at the time the dispute in question arose, Employee lives and under works more than one hundred (100) miles from Highlands Ranch, Colorado, then Employee has the auspices option of requesting the arbitration take place in the county in which the Company has an office that is nearest to Employee’s home. Employee understands and (except as provided hereunder) rules agrees that the arbitration shall be instead of JAMS (or any successor thereto) , jury trial and judgment upon that the award rendered in said arbitration arbitrator’s decision shall be final and may be entered in binding to the fullest extent permitted by law and enforceable by any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except as provided ARBITRATION IF A DISPUTE ARISES BETWEEN YOU AND H&R BLOCK (“ARBITRATION AGREEMENT”) Scope Of Arbitration Agreement. If a dispute arises between you and H&R Block, the dispute shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. The arbitrator is empowered to resolve the dispute with the same set of remedies available in court including compensatory, Lessor statutory, and Lessee punitive damages; attorney’s fees; and declaratory, injunctive, and equitable relief; however declaratory, injunctive or equitable relief shall be granted only to the extent necessary to provide relief warranted by the party’s individual claim. You and H&R Block also agree that each may bring claims against the other in arbitration only in your or H&R Block’s individual capacity and in so doing you and H&R Block hereby waive the right to binding a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of all Claims between Lessor and Lesseeany kind (the “Class Action Waiver”). ⦁ “Claims” are However, H&R Block will not invoke its right to arbitrate any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the XXXX or any individual claim that arises between of bodily injury you bring in small claims court, as long as it is brought and maintained as an individual claim. As used in this Arbitration Agreement, “H&R Block” shall also include the direct or property damageindirect parents, or the enforcement subsidiaries and affiliates of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and Xxxxxxcompanies referenced at the beginning of this document as well as the officers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employeesdirectors, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including employees and franchisees of any action for possession of the Premises under California Code H&R Block companies. Right to Opt Out of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”)This Arbitration Provision: H&R Block does not require you to accept arbitration. ⦁ Unless Lessee and Lessor each agree otherwiseYou may opt out of this Arbitration Agreement within the first 60 days after you submit this RDA Agreement by visiting xxx.xxxxxxx.xxx/xxxx/xxxxxx or by sending a signed letter to H&R Block Arbitration Opt-Out, P.O. Box 32818, Kansas City, MO 64171. The letter should include your printed name, the first five digits of your Social Security Number, and the words “Reject Arbitration.” How Arbitration will Works. Either party may initiate arbitration, which shall be conducted by a single, neutral third party arbitrator the American Arbitration Association (the “ArbitratorAAA”) pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer-Related Disputes (“AAA Rules”), who must be a retired California Superior Court judgeas modified by this Arbitration Agreement. EACH PARTY ACKNOWLEDGES THATThe AAA Rules are available on the AAA’s website, BY ACCEPTING THIS ARBITRATION PROVISIONxxx.xxx.xxx, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEALor by calling the AAA at (000) 000-0000. Any such arbitration The arbitrator shall be held appointed pursuant to AAA Commercial Arbitration Rule R-11. All issues are for the arbitrator to decide, except that issues relating to the validity, enforceability, and scope of this Arbitration Agreement shall be determined by a court and not by the arbitrator. H&R Block does not consent to, and the arbitrator shall not have authority to conduct, any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims, under any circumstance. If the immediately preceding sentence or the Class Action Waiver is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void, subject to a party’s right to appeal the court order finding any section unenforceable. Arbitration Costs. H&R Block will pay all filing, administrative, and hearing costs unless your claim is valued at more than $75,000, in Los Angeleswhich case the AAA Rules will govern payment. H&R Block waives the right to recover an award of attorney’s fees and expenses against you. Other Arbitration Terms & Information. Your arbitration will take place in a location reasonably convenient to you. This Arbitration Agreement shall supersede all prior arbitration agreements between you and H&R Block unless you are a member of a putative or certified class in a class action lawsuit against H&R Block on the date you submit this RDA Agreement, Californiain which case any prior arbitration agreement you signed shall remain in force and effect for any claims currently asserted in that class action lawsuit. If you opt out of this Arbitration Agreement, any prior arbitration agreement shall remain in full force and effect. This Arbitration Agreement shall be interpreted, construed, and enforced in accordance with the laws Federal Arbitration Act and other applicable federal law and, to the extent state law applies, the law of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into state where you submitted this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this RDA Agreement. The costs of Except as set forth above, if any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms portion of this Arbitration Provision unless brought in Small Claims Court. If any action for possession Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Arbitration Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except as provided below, Lessor and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims Any controversy or controversies, at law or in equity, against each other related in any way to or claim arising out of in any way or relating to this Agreement, the XXXX or any claim that arises between alleged breach of bodily injury or property damagethis Agreement, or Employee's employment with Employer or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect termination of the employment relationship between Lessor Employee and XxxxxxEmployer, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, settled by arbitration in accordance with the laws National Rules for the Resolution of Employment Disputes of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) American Arbitration Association, and judgment upon on the award rendered in said arbitration shall be final and by the arbitrators may be entered in any court having jurisdiction. There shall be three arbitrators, one to be chosen directly by each party, and the third arbitrator to be selected by the two arbitrators so chosen. If any arbitration proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach or default in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into connection with this Agreement, (i) the non-prevailing party shall pay the fees of the arbitrators and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The all other costs of the arbitration, including the cost of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor record or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession transcripts of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, arbitrations and shall be sent to the parties by certified mail, return receipt requested no later than thirty administrative fees; and (30ii) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party recover reasonable attorneys' fees and any other costs for the services rendered the prevailing party and expenses incurred in such that action or proceeding., in addition to any other relief to which it or she may be entitled. The parties acknowledge that they intend that the controversies and claims to be arbitrated under this Section 19 be construed as broadly as possible under applicable law. EXECUTED as of the 14th day of February, 2000. EMPLOYER: EMPLOYEE: CALIFORNIA COMMUNITY BANCSHARES, INC. /s/ Xxxxxx X. Xxxxxx /s/ Xxxx X. Xxxxxxx ----------------------------------------- -------------------------------- By: Xxxxxx X. Xxxxxx Xxxx X. Xxxxxxx President and Chief Executive Officer EXHIBIT A RELEASE AGREEMENT This Release Agreement ("Release") was given to me, Xxxx X. Xxxxxxx ("Employee"), this _____day of _________ , _______, by CALIFORNIA COMMUNITY BANCSHARES, INC. ("CCB"). At such time as this Release becomes effective and enforceable (i.e., the revocation period discussed below has expired), and assuming Employee is otherwise eligible for payments under the terms of that certain Employment Agreement between Employee and CCB dated February 14, 2000 (the "Agreement"), CCB agrees to pay Employee pursuant to the terms of the Agreement an amount equal to $ ________ (minus customary payroll deductions and any outstanding obligations owed by the Employee to Employer), and to provide any Vested Benefits and COBRA Rights, as these terms are defined in the Agreement. CCB and its employees, agents, officers, directors, shareholders, parent companies, partnerships, limited partnerships, limited liability companies, subsidiaries and any and all of its other affiliates, and the directors, officers, employees, agents, insurers, underwriters and the predecessors, successors and assigns of each such individuals and entities shall be referred to herein as the "Employer". In consideration of the receipt of the promise to pay such amount, Employee hereby agrees, for herself and her heirs, executors, administrators, successors and assigns (hereinafter referred to as the "Releasors"), to fully release and discharge Employer and its officers, directors, employees, shareholders, partners, limited partners, parent companies, partnerships, limited liability companies and any of its other affiliates, and the officers, directors, employees, agents, insurers, underwriters, subsidiaries, affiliates, and the predecessors, successors and assigns of each such individual and entity (hereinafter referred to as the "Releasees") from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands under any federal, state or local law or laws, or common law, whether or not known, suspected or claimed, which the Releasors have, or hereafter may have, against the Releasees arising out of or in any way related to the Agreement and/or Employee's employment or termination of employment with Employer, except with the sole and limited exception that Releasor's release of all claims against Releasees will not release Employer from its obligations, as provided in Sections 7, 10, 13, 15 and 19 of the Agreement. It is understood and agreed that this Release extends to all such claims and/or potential claims and that Employee, on behalf of the Releasors, hereby expressly waives all rights with respect to all such claims under California Civil Code Section 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Employee executes this Release without reliance on any representation by any Releasee. Employee acknowledges that she has read and understands the provisions of the Release set forth in the preceding paragraph, that she has had an opportunity to consult with an attorney prior to executing this Release, that she affixes her signature hereto voluntarily and without coercion, and that no promise or inducement has been made other than those set out in this Release. This document does not constitute, and shall not be admissible as evidence of, an admission by any Releasee as to any fact or matter. In case any part of this Release is later deemed to be invalid, illegal or otherwise unenforceable, Employee agrees that the legality and enforceability of the remaining provisions of this Release will not be affected in any way. Dated: ---------------------------- -------------------------------------- XXXX X. XXXXXXX

Arbitration Provision. ⦁ Except as provided below, Lessor CONTRACTOR and Lessee HAPPY mutually agree to binding this arbitration of agreement, which is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) ("FAA") and shall apply to any and all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way or relating to this Agreement, CONTRACTOR's classification as an independent contractor, CONTRACTOR's provision of Contracted Services to consumers, the payments received by CONTRACTOR for providing services to consumers, the termination of this Agreement, and all other aspects of CONTRACTOR's relationship with HAPPY, past, present or future, whether arising under federal, state or local statutory and/or common law, including without limitation harassment, discrimination or retaliation claims and claims arising under or related to the XXXX Civil Rights Act of 1964 (or its state or local equivalents), Americans With Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Federal Credit Reporting Act (or its state or local equivalents), Telephone Consumer Protection Act (or its state or local equivalents), or Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local claims arising out of or relating to CONTRACTOR's relationship or the termination of that relationship with HAPPY. The parties expressly agree that this Agreement shall be governed by the FAA even in the event CONTRACTOR and/or HAPPY are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. In the event, but only in the event, the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which the CONTRACTOR operates shall apply. If either CONTRACTOR or HAPPY wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by CONTRACTOR must be delivered to ATTN: General Counsel, 0 Xxxxxxxxx Xxxxx 0xx Xxxxx Xxxxxxxx, XX 00000 Arbitration Class Action Waiver. CONTRACTOR and HAPPY mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action—including but not limited to actions brought pursuant to the Private Attorney General Act (“PAGA”), California Labor Code section 2699 et seq., and any request seeking a public injunction—and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action, or to award relief to anyone but the individual in arbitration ("Arbitration Class Action Waiver"). Notwithstanding any other clause contained in this Agreement or the AAA Rules, as defined below, any claim that arises between all or part of bodily injury this Arbitration Class Action Waiver is unenforceable, unconscionable, void or property damagevoidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the enforcement Arbitration Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Arbitration Class Action Waiver that is enforceable shall be enforced in arbitration. Notwithstanding any remedy under other clause contained in this Agreement or the AAA Rules, as defined below, any claim that all or part of this Arbitration Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court. CONTRACTOR agrees and acknowledges that entering into this arbitration agreement does not change CONTRACTOR's status as an independent contractor in fact and in law, ordinance, statute that CONTRACTOR is not an employee of HAPPY or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related its customers and that any disputes in any way this regard shall be subject to or arising out of arbitration as provided in any way to any aspect of the relationship between Lessor and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEALthis agreement. Any such arbitration shall be held in Los Angelesgoverned by the American Arbitration Association Commercial Arbitration Rules ("AAA Rules"), California, except as follows: The arbitration shall be heard by one arbitrator selected in accordance with the laws AAA Rules. The Arbitrator shall be an attorney with experience in the law underlying the dispute. If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 45 miles of CONTRACTOR's residence as of the State effective date of California this Agreement. Unless applicable law provides otherwise, in the event that HAPPY and under CONTRACTOR have agreed to this Mutual Arbitration Provision, HAPPY and CONTRACTOR shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings. HAPPY shall pay any costs uniquely associated with arbitration, such as payment of the auspices costs of AAA and the Arbitrator, as well as room rental. The Arbitrator may issue orders (except including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. Except as provided hereunderin the Arbitration Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions. The Arbitrator's decision or award shall be in writing with findings of fact and conclusions of law. The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in the arbitration may attend the arbitration hearing. The Arbitrator may exclude any non-party from any part of the hearing. Either CONTRACTOR or HAPPY may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual. Nothing in this Mutual Arbitration Provision prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Mutual Arbitration Provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. HAPPY will not retaliate against CONTRACTOR for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) rules under Section 7 of JAMS the National Labor Relations Act. Disputes between the parties that may not be subject to predispute arbitration agreement, including as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Mutual Arbitration Provision. The AAA Rules may be found at xxx.xxx.xxx or by searching for "AAA Commercial Arbitration Rules" using a service such as xxx.xxxxxx.xxx or xxx.xxxx.xxx or by asking HAPPY's General Counsel to provide a copy. CONTRACTOR's Right to Opt Out of Arbitration Provision. Arbitration is not a mandatory condition of CONTRACTOR's contractual relationship with HAPPY, and therefore CONTRACTOR may submit a statement notifying HAPPY that CONTRACTOR wishes to opt out and not be subject to this MUTUAL ARBITRATION PROVISION. In order to opt out, CONTRACTOR must notify HAPPY in writing of CONTRACTOR's intention to opt out by sending a letter, by First Class Mail, to HAPPY DELIVERS, LLC 0 Xxxxxxxxx xxxxx 0xx Xxxxx Xxxxxxxx, XX 00000. Any attempt to opt out by e-mail will be ineffective. The letter must state CONTRACTOR's intention to opt out. In order to be effective, CONTRACTOR's opt out letter must be postmarked within 30 days of the effective date of this Agreement. The letter must be signed by CONTRACTOR himself/herself, and not by any agent or representative of CONTRACTOR. The letter may opt out, at most, only one CONTRACTOR, and letters that purport to opt out multiple CONTRACTORS will not be effective as to any. No CONTRACTOR (or his or her agent or representative) may effectuate an opt out on behalf of other CONTRACTORS. If CONTRACTOR opts out as provided in this paragraph, CONTRACTOR will not be subject to any adverse action from HAPPY as a consequence of that decision and he/she may pursue available legal remedies without regard to this Mutual Arbitration Provision. If CONTRACTOR does not opt out within 30 days of the effective date of this Agreement, CONTRACTOR and HAPPY shall be deemed to have agreed to this Mutual Arbitration Provision. CONTRACTOR has the right to consult with counsel of CONTRACTOR's choice concerning this Mutual Arbitration Provision (or any successor thereto) other provision of this Agreement. This Mutual Arbitration Provision is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, and judgment upon the remainder of this Mutual Arbitration Provision will be enforceable. The award rendered in said arbitration shall be final and issued by the Arbitrator may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seqcompetent jurisdiction., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except This Arbitration Provision sets forth the circumstances and procedures under which claims (as provided defined below) shall be arbitrated instead of litigated in court upon the election of either party. It applies only to disputes between you and the Bank or Program Manager regarding your Card or this Agreement. Solely as used in this Arbitration Provision (Section 29), Lessor the terms “we,” “us” and Lessee agree to binding arbitration of “our” shall for all Claims between Lessor purposes mean the Bank and Lessee. ⦁ “Claims” are any claims or controversies, at law or the Program Manager (solely in equity, against each other related in any way to or arising out of in any way to the XXXX or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor its capacity as Program Manager) and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, their respective subsidiaries, affiliates, or other representatives or that Lessor brings against Lesseelicensees, including any action for possession predecessors, successors, and assigns; and all of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”)their agents, employees, directors and representatives. ⦁ Unless Lessee and Lessor each agree otherwiseIn addition, the Arbitration will be conducted by a single, neutral terms “we” “us” and “our” shall include any third party arbitrator using or providing any product, service or benefit in connection with any Cards (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited toto merchants who accept the Card, arbitration arising third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. Solely as used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us or authorized by you to have and/or use a Card (whether approved by us or not), including but not limited to all persons or entities contractually obligated under the terms of this AgreementAgreement and all additional cardholders. The costs of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee You may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of reject this Arbitration Provision unless brought in Small Claims Courtby sending us a written notice which gives your name, address, email address, and each Card number with a statement that you reject the Arbitration Provision. If any action for possession of the Premises The rejection notice must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar requested, to the Program Manager at Uphold HQ, Inc. Attn: Arbitration Rejection Notice, 00 Xxxx Xxx Xxxxxxx Xxxxx Blvd., Ste. 3D, Larkspur, CA 94939. A rejection notice must be signed by you and received by us within 45 days following after the conclusion date you receive the first Card issued under this Agreement. Rejection of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on arbitration will not affect any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms other term of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except as provided below, Lessor and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the XXXX or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor Xxxxxx each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISIONARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND AS WELL AS LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Important Note Regarding this Arbitration Provision: o Except as provided below, Lessor arbitration does not limit or affect the legal claims you may bring against the Company. Agreeing to arbitration only affects where any such claims may be brought and Lessee agree how they will be resolved. o Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein. o Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to binding split the cost of any arbitration of all Claims between Lessor and Lesseewith the Company. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way o IMPORTANT: This Arbitration Provision will require you to or arising out of in any way to the XXXX or resolve any claim that arises between you may have against the Company or Envoy America on an individual basis, except as provided below, pursuant to the terms of bodily injury or property damagethe Agreement unless you choose to opt out of the Arbitration Provision. Except as provided below, this provision will preclude you from bringing any class, collective, or representative action (other than actions under the enforcement Private Attorneys General Act of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. 2004 (“Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “ArbitratorPAGA”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Labor Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 § 2698 et seq. However(“PAGA”)) against the Company or Envoy America, this exception does not include Claims that are derivative and also precludes you from participating in or based on violations of California Business and Professionals Code section 17200 et seq.recovering relief under any current or future class, including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal lawcollective, or valuation as provided in California Business and Professions Code section 17200 et seqrepresentative (non-­‐PAGA) action brought against the Company or Envoy America by someone else. WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT BUSINESS DECISION. IT IS YOUR DECISION TO MAKE, AND YOU SHOULD NOT RELY SOLELY UPON THE INFORMATION PROVIDED IN THIS AGREEMENT AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS — INCLUDING BUT NOT LIMITED TO AN ATTORNEY — REGARDING THE CONSEQUENCES OF YOUR DECISION, JUST AS YOU WOULD WHEN MAKING ANY OTHER IMPORTANT BUSINESS OR LIFE DECISION.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except Any claim, dispute or controversy between me and HSBC (as specifically defined below for purposes of this Arbitration Provision), whether in contract or tort (intentional or otherwise), whether pre-existing, present or future, and including constitutional, statutory, common law, regulatory, and equitable claims in any way relating to (a) any of these or any other Documents or any ERA that I have previously requested or received from HSBC, (b) advertisements, promotions, or oral or written statements related to this or any other Application for a RAL or any ERA that I have previously requested or received from HSBC, (c) the relationship of HSBC and me relating to any of these or any other Documents or any ERA that I have previously requested or received from HSBC; and (d) except as provided below, Lessor and Lessee agree to binding arbitration the validity, enforceability or scope of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the XXXX this Arbitration Provision or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and Xxxxxx, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction part thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, the issue whether any particular claim, dispute or controversy must be submitted to arbitration arising under (collectively the “Claim”), shall be resolved, upon the election of either me or HSBC, by binding arbitration pursuant to this Arbitration Provision and the applicable rules of the American Arbitration Association (“AAA”) or the National Arbitration Forum (“NAF”) in effect at the time the Claim is filed. I shall have the right to select one of these arbitration administrators (the “Administrator”). The arbitrator must be a lawyer with more than ten (10) years of experience or a retired or former judge. In the event of a conflict between this Arbitration Provision and the rules of the Administrator, this Arbitration Provision shall govern. In the event of a conflict between this Arbitration Provision and the balance of this Application or any other Documents, this Arbitration Provision shall govern. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any organization that has in place a formal or informal policy that is inconsistent with and purports to override the terms of this AgreementArbitration Provision, including the Class Action Waiver Provision defined below. The costs of any such Arbitration shall be borne equally by the Lessor and Xxxxxx. ⦁ The process of selecting HSBC hereby agrees not to invoke its right to arbitrate an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ XXXXXX AND XXXXXX AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. XXXXXX AND XXXXXX ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee individual Claim I may bring Claims in small claims court or an equivalent court, if any, so long as the Claim is pending only in that court. Either Lessor No class actions or Lessee may pursue private attorney general actions in court or in arbitration or joinder or consolidation of claims in court or in arbitration with other persons, are permitted without the selfconsent of HSBC and me. The validity and effect of the preceding sentence (herein referred to as the “Class Action Waiver Provision”) shall be determined exclusively by a court and not by the Administrator or any arbitrator. Neither the Administrator nor any arbitrator shall have the power or authority to waive, modify or fail to enforce the Class Action Waiver Provision, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any arbitration bearing that I attend will take place in a location that is reasonably convenient for me. On any Claim I file, 1 will pay the first $50.00 of the filing fee. At my request, HSBC will pay the remainder of the filing fee and any administrative or hearing fees charged by the Administrator, up to $ 1,500.00 on any Claim asserted by me in the arbitration. If I should be required to pay any additional fees to the Administrator, HSBC will consider a request by me to pay all or part of the additional fees; however, HSBC shall not be obligated to pay any additional fees unless the arbitrator grants me an award. If the arbitrator grants an award in my favor, HSBC will reimburse me for any additional fees paid or owed by me to the Administrator up to the amount of the fees that would have been charged if the original Claim had been for the amount of the actual award in my favor. If the arbitrator issues an award in HSBC’s favor, I will not be required to reimburse HSBC for any fees HSBC has previously paid to the Administrator or for which HSBC is responsible. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-help 16 (the “FAA”), and other not by any state law concerning arbitration. The arbitrator shall follow and apply applicable substantive law to the extent consistent with the FAA, statutes of limitation and claims of privilege and shall be authorized to award all remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq.permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief and attorneys’ fees and costs. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Provision and, to the extent consistent with this Arbitration Provision, the Administrator’s rules. Upon request of either party, the arbitrator shall prepare a short reasoned written opinion supporting the arbitration award. Judgment upon the award may be entered in any court having jurisdiction. The arbitrator’s award will be final and binding except for: (a) any appeal right under the FAA; and (b) any appeal of Claims involving more than $100,000. For such Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider de novo (i.e., in its entirety) any aspect or all aspects of the initial award that is appealed. The panel’s decision will be final and binding, except for conversionany appeal right under the FAA. Unless applicable law provides otherwise, negligencethe appealing party will pay the appeal’s costs (i.e., breach the amounts owed to the Administrator and the arbitrators), regardless of contractits outcome. However, HSBC will consider in good faith any reasonable request for HSBC to bear up to the full costs of the appeal. Nothing in this Arbitration Provision shall be construed to prevent HSBC’s use of offset or other violations contractual rights involving payment of state my income tax refund or federal lawother amount on deposit with HSBC to pay off any ERA, RAL, or valuation similar financial service, or BFC or other fees, now or thereafter owed by me to HSBC or any Other ERA or RAL Lender or BFC or third party pursuant to the Documents or similar prior documents. This Arbitration Provision shall supersede any prior Arbitration Provisions contained in any previous ERA application or related agreement and shall survive repayment of any ERA and termination of my account; provided, however, that if I reject this Arbitration Provision as provided set forth below, all prior Arbitration Provisions shall remain in California Business full force and Professions Code section 17200 et seq.; ; effect, If any such Claims shall be subject to Arbitration under the terms portion of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Courtis deemed invalid or unenforceable, it will not invalidate the remaining portions of this Arbitration Provision. However, if a determination is made that the Class Action Waiver Provision is unenforceable, this Arbitration Provision (other than this sentence) and any prior Arbitration Provision shall be brought in the Superior Court for the County of Los Angelesnull and void. ⦁ Written Award. The arbitrator's award shall be in writingTo reject this Arbitration Provision, I must send HSBC, c/o HSBC Taxpayer Financial Services, Account Research, P.X. Xxx 00000, Xxxxxxxxxxxx, XX 00000, a signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than writing (“Rejection Notice”) that is received within thirty (30) calendar days following after the conclusion of date I submit this Application. The Rejection Notice must identify the hearing (five (5) days for an Unlawful Detainer Actiontransaction involved and must include my name, address, and social security number and must be signed by all persons signing this Application as Applicant(s). Except I may send the Rejection Notice in any manner I see fit as long as it is received at the case of an Unlawful Detainer Action, specified address within the arbitrator shall give each party at least ten (10) days specified time. No other methods can be used to comment on reject the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Arbitration Agreement. ⦁ Attorneys fees. In any If the Rejection Notice is sent on my behalf by a third party, such Arbitration, third party must include evidence of his or her authority to submit the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceedingRejection Notice on my behalf.