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 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 ARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, AS WELL AS LIMITING ⦁ 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. ⦁ 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 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 Xxxxxx 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 ARBITRATIONTHIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, AS WELL AS 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. ⦁ LESSOR 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 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 damagepart thereof, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” includeincluding, but are not limited to, claims related in the issue whether any way particular claim, dispute or controversy must be submitted to arbitration (collectively the “Claim”), shall be resolved, upon the election of either me or arising out of in any way HSBC, by binding arbitration pursuant to any aspect this Arbitration Provision and the applicable rules of the relationship 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 Lessor this Arbitration Provision and Xxxxxxthe rules of the Administrator, whether based in contract, tort, statute, fraud, misrepresentation, this Arbitration Provision shall govern. In the event of a conflict between this Arbitration Provision and the balance of this Application or any other legal theoryDocuments, this Arbitration Provision shall govern. “Claims” also include such claims 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 Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, has in place a formal or other representatives or informal policy that Lessor brings against Lesseeis inconsistent with and purports to override the terms of this Arbitration Provision, including any action for possession the Class Action Waiver Provision defined below. HSBC hereby agrees not to invoke its right to arbitrate an individual Claim I may bring in small claims court or an equivalent court, if any, so long as the Claim is pending only in that court. No class actions or 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 consent of HSBC and me. The validity and effect of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an preceding sentence (herein referred to as the “Unlawful Detainer ActionClass Action Waiver Provision”)) shall be determined exclusively by a court and not by the Administrator or any arbitrator. ⦁ Unless Lessee 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 Xxxxxx each agree 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 will Provision is made pursuant to a transaction involving interstate commerce, and shall be conducted governed by a singlethe Federal Arbitration Act, neutral third party arbitrator 9 U.S.C. Sections 1-16 (the “ArbitratorFAA”), who must be a retired California Superior Court judgeand not by any state law concerning arbitration. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING ARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, AS WELL AS LIMITING ⦁ The process of selecting an Arbitrator arbitrator shall begin follow and apply applicable substantive law to the extent consistent with the Agency providing a list FAA, statutes of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) limitation and claims of privilege and shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ 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 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.

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 any claim that arises between of bodily injury its state or property damagelocal 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 enforcement of any remedy under any lawsame or similar subject matters, ordinanceand all other federal, statute state or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, local claims related in any way to or 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 any way to any aspect of the relationship between Lessor and Xxxxxxevent 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, whether based but only 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 Xxxxxx each agree otherwiseevent, the Arbitration will be conducted by a single, neutral third party arbitrator (determines the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING ARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, AS WELL AS LIMITING ⦁ 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. ⦁ 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 FAA does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq.apply, including, without limitation, Claims for conversion, negligence, breach of contract, other violations of the state or federal law, or valuation as provided law governing arbitration agreements in California Business and Professions Code section 17200 et seq.; ; any such Claims the state in which the CONTRACTOR operates shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Courtapply. If any action for possession of either CONTRACTOR or HAPPY wishes to initiate arbitration, the Premises initiating party must be brought notify the other party 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 writing via certified mail, return receipt requested no later than thirty requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (301) calendar days following the conclusion name and address of the hearing party seeking arbitration, (five 2) a statement of the legal and factual basis of the claim, and (53) days 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 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 extendhave any authority to hear or arbitrate any class, modify collective or suspend 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 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. 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 terms 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 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, that CONTRACTOR is not an employee of HAPPY or its customers and that any disputes in this regard shall be subject to arbitration as provided in this agreement. Any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules ("AAA Rules"), except as follows: The arbitration shall be heard by one arbitrator selected in accordance with the 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 effective date of this Agreement. ⦁ Attorneys feesUnless applicable law provides otherwise, in the event that HAPPY and 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 costs of AAA and the Arbitrator, as well as room rental. The Arbitrator may issue orders (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 in 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) under Section 7 of 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. 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 such Arbitrationportion of this Mutual Arbitration Provision is deemed unenforceable, the prevailing party shall remainder of this Mutual Arbitration Provision will be entitled to receive from enforceable. The award issued by the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party Arbitrator may be entered in such action or proceedingany court of competent jurisdiction.

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 of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and 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 ARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, AS WELL AS LIMITING ⦁ 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. ⦁ 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 's jurisdiction; provided, however, that Claims involving a punitive class or Lessee may pursue alleged monetary damages exceeding 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 jurisdiction 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 a small claims court shall be subject to binding arbitration pursuant to this Arbitration under Provision. 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 will be conducted with the terms 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 class action basis. Further, arbitration can only decide our or your Claim and may not consolidate or join the claims of other persons who may have similar claims. Any 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 governed by the Federal Arbitration Act ("FAA", 9 U.S.C. Sections 1-16). The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized by law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. This Arbitration Provision shall survive satisfaction of your contractual obligations and termination of this Agreement or any past agreement you have entered into with us. 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 severed from such agreements (or the invalid or unenforceable portion of such agreements). Similarly, if any 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. ⦁ 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 damagepart thereof, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” includeincluding, but are not limited to, claims related in the issue of whether any way particular claim, dispute or controversy must be submitted to arbitration (collectively the “Claim”), shall be resolved, upon the election of either me or arising out of in any way HSBC, by binding arbitration pursuant to any aspect this Arbitration Provision and the applicable rules of the relationship 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 Lessor this Arbitration Provision and Xxxxxxthe rules of the Administrator, whether based in contract, tort, statute, fraud, misrepresentation, this Arbitration Provision shall govern. In the event of a conflict between this Arbitration Provision and the balance of this Application or any other legal theoryDocuments, this Arbitration Provision shall govern. “Claims” also include such claims 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 Xxxxxx brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, has in place a formal or other representatives or informal policy that Lessor brings against Lesseeis inconsistent with and purports to override the terms of this Arbitration Provision, including any action for possession the Class Action Waiver Provision defined below. HSBC hereby agrees not to invoke its right to arbitrate an individual Claim I may bring in small claims court or an equivalent court, if any, so long as the Claim is pending only in that court. No class actions or 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 consent of HSBC and me. The validity and effect of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an preceding sentence (herein referred to as the “Unlawful Detainer ActionClass Action Waiver Provision”)) shall be determined exclusively by a court and not by the Administrator or any arbitrator. ⦁ Unless Lessee 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 Xxxxxx each agree 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 will Provision is made pursuant to a transaction involving interstate commerce, and shall be conducted governed by a singlethe Federal Arbitration Act, neutral third party arbitrator 9 U.S.C. Sections 1-16 (the “ArbitratorFAA”), who must be a retired California Superior Court judgeand not by any state law concerning arbitration. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING ARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, AS WELL AS LIMITING ⦁ The process of selecting an Arbitrator arbitrator shall begin follow and apply applicable substantive law to the extent consistent with the Agency providing a list FAA, statutes of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) limitation and claims of privilege and shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ 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 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 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 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 ARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, AS WELL AS LIMITING ⦁ 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. ⦁ LESSOR 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 Lessee. ⦁ any kind (the “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 ActionClass Action Waiver”). ⦁ Unless Lessee and Xxxxxx each agree otherwiseHowever, the Arbitration H&R Block 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 ARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, AS WELL AS LIMITING ⦁ 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. ⦁ 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 not invoke its right to arbitrate any individual claim that you bring Claims in small claims court, as long as it is brought and maintained as an individual claim. Either Lessor As used in this Arbitration Agreement, “H&R Block” shall also include the direct or Lessee may pursue indirect parents, subsidiaries and affiliates of any of the self-help companies referenced at the beginning of this document as well as the officers, directors, agents, employees and other remedies and defenses provided in California Business and Professions Code section 21700 et seqfranchisees of any of the H&R Block companies. However, this exception Right to Opt Out of This Arbitration Provision: H&R Block 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 require you to Arbitration under the terms accept arbitration. You may opt out of this Arbitration Provision unless brought in Small Claims CourtAgreement 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. If any action for possession The letter should include your printed name, the first five digits of your Social Security Number, and the Premises must be brought in Superior Courtwords “Reject Arbitration.” How Arbitration Works. Either party may initiate arbitration, it which shall be brought in conducted by the Superior Court American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules and Supplemental Procedures for the County of Los Angeles. ⦁ Written AwardConsumer-Related Disputes (“AAA Rules”), as modified by this Arbitration Agreement. 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 AAA Rules are available on the proposed decision AAA’s website, xxx.xxx.xxx, or by calling the AAA at (to point out errors000) 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 Terms000-0000. The arbitrator shall not extendbe appointed pursuant to AAA Commercial Arbitration Rule R-11. All issues are for the arbitrator to decide, modify or suspend any of except that issues relating to the terms validity, enforceability, and scope of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party Arbitration Agreement shall be entitled determined by a court and not by the arbitrator. H&R Block does not consent to, and the arbitrator shall not have authority to receive from conduct, any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims, under any circumstance. If the losing party reasonable attorneys' fees immediately preceding sentence or the Class Action Waiver is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and costs for void, subject to a party’s right to appeal the services rendered the prevailing party in such action or proceedingcourt order finding any section unenforceable.

Arbitration Provision. ⦁ Except as provided below15.1 To the fullest extent permitted by law, Lessor and Lessee the Parties mutually agree to resolve any and all disputes between or among them exclusively through final and binding arbitration before the American Arbitration Association (“AAA”), rather than in court or before any administrative or regulatory body. This agreement to arbitrate (“Arbitration Provision”) will extend to any dispute involving Delivery Partner, any Subcontractor, Mealeo and/or any affiliate of Mealeo for which Delivery Partner performs contracted Delivery Services. This Arbitration Provision is governed by the Federal Arbitration Act and will 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 including but not limited to or those arising out of in any way or relating to this Agreement (including the XXXX termination of this Agreement), Delivery Partner’s independent contractor classification and status with Mealeo or its affiliates, the provision of Delivery Services hereunder 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 other aspect of the relationship between Lessor and Xxxxxxthe Delivery Partner, any Subcontractor, Mealeo and/or any affiliate of Mealeo, whether based in contractarising under federal, tortstate or location statutory and/or common law. Except with respect to the enforceability, statuterevocability or validity of the Class Action Waiver, fraudonly an arbitrator, misrepresentationand not any federal, state, or local court or agency, shall have the exclusive authority to resolve any other legal theory. “Claims” also include such claims that Xxxxxx brings against Lessor’s employeesdispute relating to the interpretation, agentsapplicability, parent companies, subsidiaries, affiliatesenforceability, or other representatives or that Lessor brings against Lessee, including any action for possession formation of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Xxxxxx each agree otherwise, the this 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 ARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, AS WELL AS LIMITING ⦁ 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. ⦁ 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 seqProvision. However, this exception does notwithstanding the preceding sentence, disputes relating to the interpretation or application of the Class Action Waiver below, including its enforceability, revocability or validity, may be decided only by a court of competent jurisdiction and not include Claims that are derivative or based on violations an arbitrator. Regardless of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, any 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 Agreement, nothing prevents Delivery Partner from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision unless brought prevents the investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision. 15.2 If either Party wishes to initiate arbitration, the initiating party must notify the other party 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 writing via certified mail, return receipt requested no later than thirty requested, or hand delivery within the applicable statute of limitations period. The demand for arbitration must include (30i) calendar days following the conclusion name and address of the hearing party seeking arbitration, (five (5ii) 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 a statement of the terms legal and factual basis of this Agreementthe claim, and (iii) a description of the remedy sought. ⦁ Attorneys fees. In any such ArbitrationAny demand for arbitration directed at Mealeo must be delivered to 0000 Xxxxxx Xx, 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 proceedingXxxxxx, X.X., 00000.