Common use of Arbitration; Waiver of Jury Trial Clause in Contracts

Arbitration; Waiver of Jury Trial. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. In the unlikely event that Broadvoice has not been able to resolve a dispute it has regarding Subscriber’s Equipment or Services arising out of or relating to use of the Equipment or Services after 60 days, any claim, dispute, or controversy (excluding any Broadvoice claims for injunctive or other equitable relief), whether based in contract, tort, statute or otherwise arising out of or in connection with or relating to this Agreement, the Equipment, the Services, or the breach or alleged breach of this Agreement (collectively, “Claims”), shall be decided by binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association. This agreement to arbitrate is intended to be given the broadest possible meaning under Applicable Laws. The initiation of an arbitration dispute shall not otherwise prevent Broadvoice or Subscriber from terminating services in accordance with this Agreement. Disputes about the arbitrability of any claims and/or the scope, enforceability, or validity of this arbitration agreement shall be decided by an arbitrator. If an agreement to resolve the dispute is not reached, an arbitration proceeding may be commenced by downloading or copying a form from the AAA website (xxxx://xxx.xxx.xxx). The amount of any settlement offer made by Subscriber or Broadvoice shall not be disclosed to the arbitrator. Each party will be responsible for its own costs incurred in the arbitration, including arbitration filing fees and attorneys’ or expert witness fees. The arbitrator’s costs and expenses shall be shared equally between the parties. The arbitration will be conducted in Los Angeles County, California. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the Arbitrator’s rules. The award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Broadvoice from seeking injunctive or other equitable relief from the courts as necessary to protect any of Broadvoice’s proprietary interests. Subscriber and Broadvoice agree that, by entering into this agreement, Subscriber and Broadvoice are waiving the right to a trial by jury. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE ENTITY or PERSON’S CLAIMS. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PROVISION TO BINDING NEUTRAL ARBITRATION.

Arbitration; Waiver of Jury Trial. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. In The Company and the unlikely event that Broadvoice has Employee agree to the resolution by binding arbitration of all claims, demands, causes of action, disputes, controversies or other matters in question (“claims”) whether or not been able to resolve a dispute it has regarding Subscriber’s Equipment or Services arising out of or relating to use of the Equipment or Services after 60 days, any claim, dispute, or controversy (excluding any Broadvoice claims for injunctive or other equitable relief)this Agreement, whether based sounding in contract, tort, tort or otherwise and whether provided by statute or otherwise arising out common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliates, and each of the foregoing entities’ respective officers, directors, employees or agents in connection with their capacity as such or relating otherwise; except that this agreement to this Agreementarbitrate shall not limit the Company’s right to seek equitable relief, including injunctive relief and specific performance, and damages in a court of competent jurisdiction. The Company and the Equipment, the Services, or the breach or alleged breach of this Agreement (collectively, “Claims”), Employee agree that any arbitration shall be decided by binding arbitration in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes of the American Arbitration AssociationAssociation (“AAA”) or such other rules of the AAA as applicable to the claims being arbitrated. This If a party refuses to honor its obligations under this agreement to arbitrate is intended to be given arbitrate, the broadest possible meaning under Applicable Lawsother party may compel arbitration in either federal or state court. The initiation arbitrator shall apply the substantive law of the State of Delaware (excluding Delaware choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to arbitration. The parties agree that venue for arbitration dispute shall not otherwise prevent Broadvoice or Subscriber from terminating services will be in accordance with Wilmington, Delaware, and that any arbitration commenced in any other venue will be transferred to Wilmington, Delaware, upon the written request of any party to this Agreement. Disputes about In the arbitrability of any claims and/or event that an arbitration is actually conducted pursuant to this Section 10(m), the scope, enforceability, or validity of this arbitration agreement party in whose favor the arbitrator renders the award shall be decided by an arbitrator. If an agreement entitled to resolve the dispute is not reached, an arbitration proceeding may be commenced by downloading or copying a form have and recover from the AAA website (xxxx://xxx.xxx.xxx). The amount of any settlement offer made by Subscriber or Broadvoice shall not be disclosed to the arbitrator. Each other party will be responsible for its own all costs incurred in the arbitrationand expenses incurred, including arbitration filing fees and reasonable attorneys’ or fees, expert witness fees, and costs actually incurred. The Any and all of the arbitrator’s costs orders, decisions and expenses shall awards may be shared equally between the parties. The arbitration will be conducted in Los Angeles Countyenforceable in, California. Each party will be responsible for paying and judgment upon any filing, administrative and arbitrator fees in accordance with the Arbitrator’s rules. The award rendered by the arbitrator may be confirmed and entered in by, any federal or state court of competent having jurisdiction. Nothing in All proceedings conducted pursuant to this Section agreement to arbitrate, including any order, decision or award of the arbitrator, shall be deemed as preventing Broadvoice from seeking injunctive or other equitable relief from the courts as necessary to protect any of Broadvoice’s proprietary interestskept confidential by all parties. Subscriber and Broadvoice agree thatEACH PARTY ACKNOWLEDGES THAT, by entering into this agreementBY SIGNING THIS AGREEMENT, Subscriber and Broadvoice are waiving the right to a trial by jury. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, SUCH PARTY IS KNOWINGLY AND NOT AS VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A PLAINTIFF JURY TRIAL OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING A COURT TRIAL OF ANY KIND. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE ENTITY or PERSON’S CLAIMS. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PROVISION TO BINDING NEUTRAL ARBITRATIONCOVERED CLAIM ALLEGED BY SUCH PARTY.

Arbitration; Waiver of Jury Trial. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. In the unlikely event All Parties agree that Broadvoice has not been able to resolve a dispute it has regarding Subscriber’s Equipment all controversies, claims or Services matter in question arising out of or relating to use of the Equipment or Services after 60 days, any claim, dispute, or controversy (excluding any Broadvoice claims for injunctive or other equitable relief), whether based in contract, tort, statute or otherwise arising out of or in connection with or relating to i) this Agreement, (ii) any breach thereof, (iii) the Equipmentrelationship between the Prospect, Broker and Builder, and (iv) any representations of warranties, express or implied, relating to the Property and the residence located thereon (herein referred to collectively as a “Dispute”) shall be submitted to mediation before resorting to binding arbitration. If the need for mediation arises, a INITIALED FOR IDENTIFICATION / OWNER BUILDER mutually acceptable mediator shall be chosen by the parties to the dispute and the cost of mediation services shall be shared equally by the parties to the dispute. If mediation fails to resolve the Dispute, the Services, or the breach or alleged breach of this Agreement (collectively, “Claims”), Dispute shall be decided by submitted to the American Arbitration Association for binding arbitration under the Construction Industry Arbitration Rules of the AAA. The arbitration shall be governed by Texas law and the U.S. Arbitration Act, 9 U.S.C. §§ 1-16, to the exclusion of any provisions of state law that are inconsistent with application of the Federal Act. The award of the arbitrator shall be rendered in accordance with the Arbitration AAA Rules then in effect. In rendering the award, the arbitrator shall state the reasons therefore, including any computations of the American Arbitration Association. This agreement to arbitrate is intended to be given the broadest possible meaning under Applicable Lawsactual damages or offsets, if applicable. The initiation of an arbitration dispute shall not otherwise prevent Broadvoice or Subscriber from terminating services in accordance with this Agreement. Disputes about the arbitrability of Parties agree to abide by and perform any claims and/or the scope, enforceability, or validity of this arbitration agreement shall be decided by an arbitrator. If an agreement to resolve the dispute is not reached, an arbitration proceeding may be commenced by downloading or copying a form from the AAA website (xxxx://xxx.xxx.xxx). The amount of any settlement offer made by Subscriber or Broadvoice shall not be disclosed to the arbitrator. Each party will be responsible for its own costs incurred in the arbitration, including arbitration filing fees and attorneys’ or expert witness fees. The arbitrator’s costs and expenses shall be shared equally between the parties. The arbitration will be conducted in Los Angeles County, California. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the Arbitrator’s rules. The award rendered by the arbitrator may arbitrator. If the non-prevailing Party fails to comply with all aspects of the award within thirty (30) days following issuance of the award, the prevailing Party shall be entered entitled to see enforcement of the award in any court of competent jurisdiction. Nothing If such enforcement becomes necessary, the prevailing Party in this Section such proceeding shall recover its reasonable attorney’s fees in addition to any other relief to which the Party is entitled. This Dispute Resolution provision does not extend to or govern any dispute that may arise under the Construction Agreement between Builder and Prospect, and reference should be deemed as preventing Broadvoice from seeking injunctive or other equitable relief from made to that document for the courts as necessary dispute resolution process applicable to protect any of Broadvoice’s proprietary interests. Subscriber and Broadvoice agree that, by entering into this agreement, Subscriber and Broadvoice are waiving the right to a trial by jury. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE ENTITY or PERSON’S CLAIMS. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PROVISION TO BINDING NEUTRAL ARBITRATIONconstruction- related claims.

Arbitration; Waiver of Jury Trial. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. In the unlikely event that Broadvoice has not been able to resolve a Any dispute it has regarding Subscriber’s Equipment or Services arising out of or relating to use of the Equipment or Services after 60 days, any claim, dispute, or controversy (excluding any Broadvoice claims for injunctive or other equitable relief), whether based in contract, tort, statute or otherwise arising out of under or in connection with or relating to this Agreement, the Equipment, the Services, or the breach or alleged breach of this Agreement (collectively, “Claims”), shall be decided settled exclusively by binding arbitration arbitration, conducted before an arbitrator in New York, New York in accordance with the Arbitration Rules applicable rules of the American Arbitration AssociationAssociation then in effect. This agreement to arbitrate is intended to be given the broadest possible meaning under Applicable Laws. The initiation of an arbitration dispute shall not otherwise prevent Broadvoice or Subscriber from terminating services in accordance with this Agreement. Disputes about the arbitrability of any claims and/or the scope, enforceability, or validity of this arbitration agreement shall be decided by an arbitrator. If an agreement to resolve the dispute is not reached, an arbitration proceeding may be commenced by downloading or copying a form from the AAA website (xxxx://xxx.xxx.xxx). The amount of any settlement offer made by Subscriber or Broadvoice shall not be disclosed to the arbitrator. Each party will be responsible for its own costs incurred in the arbitration, including arbitration filing fees and attorneys’ or expert witness fees. The arbitrator’s costs and expenses shall be shared equally between the parties. The arbitration will be conducted in Los Angeles County, California. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the Arbitrator’s rules. The award rendered by the arbitrator Judgment may be entered on the arbitration award in any court having jurisdiction, provided, however, that the Company shall be entitled to seek a restraining order or injunction in any court of competent jurisdictionjurisdiction to prevent any continuation of any violation of the provisions of Sections 6, 7 or 8 of the Agreement and the Executive hereby consents that such restraining order or injunction may be granted without requiring the Company to post a bond. Nothing Only individuals who are (i) lawyers engaged fulltime in the practice of law; and (ii) on the AAA register of arbitrators shall be selected as an arbitrator. Within 20 days of the conclusion of the arbitration hearing, the arbitrator shall prepare written findings of fact and conclusions of law. It is mutually agreed that the written decision of the arbitrator shall be valid, binding, final and non-appealable, provided, however, that the parties hereto agree that the arbitrator shall not be empowered to award punitive damages against any party to such arbitration. The arbitrator’s fees and expenses will be borne equally by each party. In the event that an action is brought to enforce the provisions of this Agreement pursuant to this Section 20, each party shall be deemed as preventing Broadvoice from seeking injunctive pay its own attorney’s fees and expenses regardless of whether in the opinion of the court or other equitable relief from the courts as necessary to protect any of Broadvoice’s proprietary interestsarbitrator deciding such action there is a prevailing party. Subscriber and Broadvoice agree thatEACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL, by entering into this agreementINCLUDING TRIAL BY JURY, Subscriber and Broadvoice are waiving the right to a trial by jury. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION PROCEEDING OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE ENTITY or PERSON’S CLAIMS. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES COUNTERCLAIM ARISING OUT OF THE MATTERS INCLUDED IN OR RELATING TO THIS PROVISION TO BINDING NEUTRAL ARBITRATIONAGREEMENT.

Arbitration; Waiver of Jury Trial. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. In Except as provided in Section 11.4(h) and any provision of this Agreement that specifically requires a determination by a court, the unlikely event that Broadvoice has not been able to resolve a sole and exclusive method of resolving any controversy, claim or dispute it has regarding Subscriber’s Equipment or Services arising out of or relating to use of the Equipment or Services after 60 days, any claim, dispute, or controversy (excluding any Broadvoice claims for injunctive or other equitable relief), whether based in contract, tort, statute or otherwise arising out of or in connection with or relating to this Agreement, the Equipment, interpretation of any of the Servicesprovisions hereof, or the breach actions of the General Partner, the Manager or alleged breach of this Agreement (collectively, “Claims”), a Limited Partner hereunder shall be decided by binding arbitration in accordance with the Arbitration Rules of before the American Arbitration Association. This agreement to arbitrate is intended , such arbitration to be given the broadest possible meaning under Applicable Laws. The initiation of an arbitration dispute shall not otherwise prevent Broadvoice or Subscriber from terminating services held in accordance with this Agreement. Disputes about the arbitrability of any claims and/or the scope, enforceability, or validity of this arbitration agreement shall be decided by an arbitrator. If an agreement to resolve the dispute is not reached, an arbitration proceeding may be commenced by downloading or copying a form from the AAA website (xxxx://xxx.xxx.xxx). The amount of any settlement offer made by Subscriber or Broadvoice shall not be disclosed to the arbitrator. Each party will be responsible for its own costs incurred in the arbitration, including arbitration filing fees and attorneys’ or expert witness fees. The arbitrator’s costs and expenses shall be shared equally between the parties. The arbitration will be conducted in Los Angeles Palm Beach County, California. Each party will be responsible for paying Florida, and judgment upon any filing, administrative and arbitrator fees in accordance with the Arbitrator’s rules. The award rendered by the arbitrator thus obtained may be entered in any court having jurisdiction thereof. Any such arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules before a three (3) member panel, with each party selecting one arbitrator and the third arbitrator, who shall be the chairperson of competent jurisdictionthe panel, being selected by the two party-appointed arbitrators. Nothing Each arbitrator shall be qualified by at least ten (10) years’ experience in the private equity industry, and the chairperson of the arbitration panel shall be a licensed attorney whose primary area of practice for the preceding ten (10) years is in the private equity industry. In any such arbitration each party to the arbitration shall bear its own expenses, including expenses of attorneys, financial experts and other witnesses; any arbitration fees and expenses of the arbitrators shall be divided equally between the disputing parties, provided, however, that the arbitrators may instead award all such fees and expenses (including a party’s attorney’s fees and other expenses) to the prevailing party. Notwithstanding the foregoing, any Limited Partner that is a Governmental Entity that has a policy of not permitting arbitration of disputes involving such Governmental Entity shall not be subject to any arbitration proceeding pursuant to this Section 11.9, but the Partnership may pursue any other legal rights against such Governmental Entity in a court of law or by any other means with respect to any matter that is submitted to arbitration pursuant to this Section 11.9. THE PARTNERS HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM BASED HEREON, ARISING OUT OF, UNDER OR IN CONNECTION WITH‌ THIS AGREEMENT, ANY SIDE LETTER OR ANY SUBSCRIPTION AGREEMENT AND AGREE THAT NO PARTNER WILL SEEK TO CONSOLIDATE ANY SUCH ACTION WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. Notwithstanding the foregoing, any Limited Partner that is a Governmental Entity that has a policy of not waiving trial by jury shall not be deemed to have waived trial by jury pursuant to the foregoing so long as such Limited Partner has not waived trial by jury in any other similar circumstance after the adoption of such policy. To the extent permitted by law, the Limited Partners agree that no Indemnified Party shall be deemed as preventing Broadvoice from seeking injunctive liable for punitive, indirect, special, incidental, exemplary or other equitable relief from the courts as necessary to protect consequential damages in any of Broadvoice’s proprietary interests. Subscriber and Broadvoice agree that, by entering into this agreement, Subscriber and Broadvoice are waiving the right to a trial by jury. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE ENTITY arbitration or PERSON’S CLAIMS. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PROVISION TO BINDING NEUTRAL ARBITRATIONproceeding.

Arbitration; Waiver of Jury Trial. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. In the unlikely event All Parties agree that Broadvoice has not been able to resolve a dispute it has regarding Subscriber’s Equipment all controversies, claims or Services matter in question arising out of or relating to use of the Equipment or Services after 60 days, any claim, dispute, or controversy (excluding any Broadvoice claims for injunctive or other equitable relief), whether based in contract, tort, statute or otherwise arising out of or in connection with or relating to i) this Agreement, (ii) any breach thereof, (iii) the Equipmentrelationship between the Prospect, Broker and Builder, and (iv) any representations of warranties, express or implied, relating to the Property and the residence located thereon (herein referred to collectively as a “Dispute”) shall be submitted to mediation before INITIALED FOR IDENTIFICATION / OWNER BUILDER resorting to binding arbitration. If the need for mediation arises, a mutually acceptable mediator shall be chosen by the parties to the dispute and the cost of mediation services shall be shared equally by the parties to the dispute. If mediation fails to resolve the Dispute, the Services, or the breach or alleged breach of this Agreement (collectively, “Claims”), Dispute shall be decided by submitted to the American Arbitration Association for binding arbitration under the Construction Industry Arbitration Rules of the AAA. The arbitration shall be governed by Texas law and the U.S. Arbitration Act, 9 U.S.C. §§ 1-16, to the exclusion of any provisions of state law that are inconsistent with application of the Federal Act. The award of the arbitrator shall be rendered in accordance with the Arbitration AAA Rules then in effect. In rendering the award, the arbitrator shall state the reasons therefore, including any computations of the American Arbitration Association. This agreement to arbitrate is intended to be given the broadest possible meaning under Applicable Lawsactual damages or offsets, if applicable. The initiation of an arbitration dispute shall not otherwise prevent Broadvoice or Subscriber from terminating services in accordance with this Agreement. Disputes about the arbitrability of Parties agree to abide by and perform any claims and/or the scope, enforceability, or validity of this arbitration agreement shall be decided by an arbitrator. If an agreement to resolve the dispute is not reached, an arbitration proceeding may be commenced by downloading or copying a form from the AAA website (xxxx://xxx.xxx.xxx). The amount of any settlement offer made by Subscriber or Broadvoice shall not be disclosed to the arbitrator. Each party will be responsible for its own costs incurred in the arbitration, including arbitration filing fees and attorneys’ or expert witness fees. The arbitrator’s costs and expenses shall be shared equally between the parties. The arbitration will be conducted in Los Angeles County, California. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the Arbitrator’s rules. The award rendered by the arbitrator may arbitrator. If the non-prevailing Party fails to comply with all aspects of the award within thirty (30) days following issuance of the award, the prevailing Party shall be entered entitled to see enforcement of the award in any court of competent jurisdiction. Nothing If such enforcement becomes necessary, the prevailing Party in this Section such proceeding shall recover its reasonable attorney’s fees in addition to any other relief to which the Party is entitled. This Dispute Resolution provision does not extend to or govern any dispute that may arise under the Construction Agreement between Builder and Prospect, and reference should be deemed as preventing Broadvoice from seeking injunctive or other equitable relief from made to that document for the courts as necessary dispute resolution process applicable to protect any of Broadvoice’s proprietary interests. Subscriber and Broadvoice agree that, by entering into this agreement, Subscriber and Broadvoice are waiving the right to a trial by jury. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE ENTITY or PERSON’S CLAIMS. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PROVISION TO BINDING NEUTRAL ARBITRATIONconstruction-related claims.

Arbitration; Waiver of Jury Trial. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. In the unlikely event that Broadvoice has not been able to resolve a dispute it has regarding Subscriber’s Equipment or Services arising out of or relating to use of the Equipment or Services after 60 days, any claim, (a) Any dispute, controversy, or controversy (excluding any Broadvoice claims for injunctive or other equitable relief), whether based in contract, tort, statute or otherwise claim arising out of or in connection with under or relating to this Agreement, the Equipment, the Services, Agreement or the any breach or alleged threatened breach of this Agreement hereof (collectively, “ClaimsArbitrable Dispute”) shall be resolved by final and binding arbitration administered by American Arbitration Association (“AAA”), ; provided that nothing in this Section 19(a) shall be decided by binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association. This agreement prohibit a party from instituting litigation to arbitrate is intended to be given the broadest possible meaning under Applicable Laws. The initiation of an arbitration dispute shall not otherwise prevent Broadvoice or Subscriber from terminating services in accordance with this Agreement. Disputes about the arbitrability of enforce any claims and/or the scope, enforceability, or validity of this arbitration agreement shall be decided by an arbitrator. If an agreement to resolve the dispute is not reached, an arbitration proceeding may be commenced by downloading or copying a form from the AAA website (xxxx://xxx.xxx.xxx). The amount of any settlement offer made by Subscriber or Broadvoice shall not be disclosed to the arbitrator. Each party will be responsible for its own costs incurred in the arbitration, including arbitration filing fees and attorneys’ or expert witness fees. The arbitrator’s costs and expenses shall be shared equally between the parties. The arbitration will be conducted in Los Angeles County, California. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the Arbitrator’s rules. The award rendered by the arbitrator may be entered Final Determination in any court of competent jurisdiction. Nothing Except as otherwise provided in this Section 19(a) or in the rules and procedures of AAA as in effect from time to time, the arbitration procedures and any Final Determination hereunder shall be deemed governed by and shall be enforced pursuant to the Uniform Arbitration Act and applicable provisions of Delaware Law. (b) In the event that any party asserts that there exists an Arbitrable Dispute, such party shall deliver a written notice to each other party involved therein specifying the nature of the asserted Arbitrable Dispute and requesting a meeting to attempt to resolve the same. If no such resolution is reached within thirty (30) days after such delivery of such notice, the party delivering such notice of Arbitrable Dispute (the “Disputing Person”) may, within forty-five (45) days after delivery of such notice, commence arbitration hereunder by delivering to each other party involved therein a notice of arbitration (a “Notice of Arbitration”) and by filing a copy of such Notice of Arbitration with the New York office of AAA. Such Notice of Arbitration shall specify the matters as preventing Broadvoice to which arbitration is sought, the nature of any Arbitrable Dispute and the claims of each party to the arbitration and shall specify the amount and nature of any damages, if any, sought to be recovered as a result of any alleged claim, and any other matters required by the rules and procedures of AAA as in effect from seeking injunctive or other equitable relief from time to time to be included therein, if any. (c) Within twenty (20) days after receipt of the courts as necessary Notice of Arbitration, the parties shall use their best efforts to protect any agree on an independent arbitrator expert in the subject matters of Broadvoice’s proprietary interests. Subscriber and Broadvoice agree that, by entering into this agreement, Subscriber and Broadvoice are waiving the right to a trial by jury. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE ENTITY or PERSON’S CLAIMS. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PROVISION TO BINDING NEUTRAL ARBITRATION.the

Arbitration; Waiver of Jury Trial. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. In Except for claims by either of the unlikely event that Broadvoice has Parties hereto for emergency equitable or injunctive relief which cannot been able be timely addressed through arbitration, the Parties hereby agree to resolve a submit any Claim or dispute it has regarding Subscriber’s Equipment or Services between them, and/or between the Employee and any of the other Releasees who agree(s) to participate in arbitration, including those arising out of the terms of this Agreement and/or any dispute arising out of or relating to use of the Equipment or Services after 60 daysEmployee’s employment with the Company and termination thereof, any claimto private and confidential arbitration by a single, dispute, or controversy (excluding any Broadvoice claims for injunctive or other equitable relief), whether based in contract, tort, statute or otherwise arising out of or in connection with or relating to this Agreement, the Equipment, the neutral arbitrator through Judicial Arbitration and Mediation Services, or the breach or alleged breach of this Agreement Inc. (collectively, “ClaimsJAMS”), shall be decided by binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association. This agreement to arbitrate is intended to be given the broadest possible meaning under Applicable Laws. The initiation of an arbitration dispute shall not otherwise prevent Broadvoice or Subscriber from terminating services in accordance with this Agreement. Disputes about the arbitrability of any claims and/or the scope, enforceability, or validity of this arbitration agreement shall be decided by an arbitrator. If an agreement to resolve the dispute is not reached, an arbitration proceeding may be commenced by downloading or copying a form from the AAA website (xxxx://xxx.xxx.xxx). The amount of any settlement offer made by Subscriber or Broadvoice shall not be disclosed to the arbitrator. Each party will be responsible for its own costs incurred in the arbitration, including arbitration filing fees and attorneys’ or expert witness fees. The arbitrator’s costs and expenses proceedings shall be shared equally between governed by the parties. The arbitration will be conducted then current JAMS rules governing employment disputes, and shall take place in Los Angeles Orange County, California. Each party will be responsible , which the Employee represents is a convenient location for paying any filing, administrative and arbitrator fees in accordance with the Arbitrator’s rulesEmployee. The award rendered by decision of the arbitrator shall be final and binding on the Parties to this Agreement and any of the other Releasees who agrees to arbitration, and judgment thereon may be entered in any court of competent having jurisdiction. Nothing All costs of the arbitration proceeding or litigation to enforce this Agreement, including attorneys’ fees and witness expense fees, shall be paid as the arbitrator or court awards in accordance with applicable law. To the extent required by law, the Company will advance fees payable to JAMS. Except for claims for emergency equitable or injunctive relief, which cannot be timely addressed through arbitration, this arbitration procedure is intended to be the exclusive method of resolving any claim relating to the obligations set forth in this Section shall be deemed as preventing Broadvoice from seeking injunctive or other equitable relief from the courts as necessary to protect Agreement. The Parties hereby waive any of Broadvoice’s proprietary interests. Subscriber and Broadvoice agree that, by entering into this agreement, Subscriber and Broadvoice are waiving the right to a jury trial on any dispute or Claim covered by jurythis Agreement. ALL CLAIMS MUST BE BROUGHT IN THE PARTIESShould any party to this Agreement pursue any arbitrable claim or dispute by any method other than said arbitration, the responding party shall be entitled to recover from the initiating party all damages, costs, expenses and attorneys’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE ENTITY or PERSON’S CLAIMS. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PROVISION TO BINDING NEUTRAL ARBITRATIONfees incurred as a result of such action.

Arbitration; Waiver of Jury Trial. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. In With the unlikely event that Broadvoice has not been able to resolve a dispute it has regarding Subscriber’s Equipment exception of equitable relief as noted in Section 8 hereof, any controversy or Services claim arising out of or relating to use this Agreement or the breach thereof (including, without limitation, as to arbitrability), the parties agree that any dispute against any present or former officer, director, employee, agent, attorney, or insurer of the Equipment or Services after 60 daysEmployer, any claimdisputes with respect to Employee’s employment with the Company or the termination of such employment, disputeincluding, without limitation, any claim for alleged discrimination, harassment or retaliation, any alleged violation of any federal, state, or controversy (excluding any Broadvoice claims for injunctive or other equitable relief), whether based in contract, tortgovernmental law, statute or otherwise arising out regulation, or common law claim, shall be submitted to binding individual arbitration (as opposed to class or collective arbitration) pursuant to the Federal Arbitration Act and administered by JAMS under its Employment Arbitration Rules & Procedures then in effect. Employee will be required to pay the initial fees for filing or responding to the arbitration. Beyond the initial filing fee, Employer will bear the burden of its own filing fees and any other fees charged by JAMS, including the Arbitrator’s fees subject to the award of fees as described below. Nothing in this Section shall prevent Employee from filing or maintaining a charge with the United States Equal Employment Opportunity Commission or the National Labor Relations Board, from making a workers’ compensation claim, or from seeking unemployment benefits. Disputes that may not be subject to a pre-dispute arbitration agreement by law (e.g., under the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act) are excluded from this Agreement. The arbitration hearing shall commence within ninety (90) calendar days after the arbitrator is selected, unless the Company and the Employee mutually agree to extend this time period. The arbitration shall take place in connection with the State of California. The arbitrator shall be a licensed attorney or relating retired judge on the JAMS panel of arbitrators (“Arbitrator”). Arbitrator will have full power to give directions and make such orders as the Arbitrator deems just, and to award all remedies that would be available in court. Nonetheless, the Arbitrator explicitly shall not have the authority, power, or right to alter, change, amend, modify, add, or subtract from any provision of this Agreement, the Equipment, the Services, or the breach or alleged breach of this Agreement (collectively, “Claims”), shall be decided by binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association. This agreement except pursuant to arbitrate is intended to be given the broadest possible meaning under Applicable Laws. The initiation of an arbitration dispute shall not otherwise prevent Broadvoice or Subscriber from terminating services in accordance with this Agreement. Disputes about the arbitrability of any claims and/or the scope, enforceability, or validity of this arbitration agreement shall be decided by an arbitrator. If an agreement to resolve the dispute is not reached, an arbitration proceeding may be commenced by downloading or copying a form from the AAA website (xxxx://xxx.xxx.xxxSection 12(a). The amount of any settlement offer made by Subscriber or Broadvoice Arbitrator shall not be disclosed to issue a written decision that sets forth the arbitrator. Each party will be responsible for its own costs incurred in the arbitration, including arbitration filing fees essential findings and attorneys’ or expert witness fees. The arbitrator’s costs and expenses shall be shared equally between the parties. The arbitration will be conducted in Los Angeles County, California. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with conclusions upon which the Arbitrator’s rulesaward or decision is based within thirty (30) days after the conclusion of the arbitration hearing. The award rendered by the arbitrator Arbitrator shall be final and binding (absent fraud or manifest error), and any arbitration award may be enforced by judgment entered or vacated in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Broadvoice from seeking injunctive or other equitable relief from the courts as necessary to protect any of Broadvoice’s proprietary interests. Subscriber and Broadvoice agree that, by entering into this agreement, Subscriber and Broadvoice are waiving The parties each expressly waive the right to a trial jury trial. The Arbitrator shall have discretion to award monetary and other damages, or to award no damages, and to fashion any other relief the Arbitrator deems appropriate, but only to the extent consistent with law. The parties expressly agree that the Arbitrator shall have discretion to award the prevailing party reasonable costs and attorneys’ fees incurred in bringing or defending an action by jury. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITYthe other, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE ENTITY or PERSON’S CLAIMS. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PROVISION TO BINDING NEUTRAL ARBITRATIONto the fullest extent allowed by law at the time of the arbitration.