Common use of Arbitration Clause in Contracts

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreement.

Arbitration. If any dispute between the parties do (each a “Party” and collectively “Parties”) arising under this IP Agreement cannot reach an reasonably be resolved by the Parties through mutual negotiation, the Parties hereto agree that the claim or dispute including the arbitrability of the IP Agreement will be submitted to and decided by binding arbitration under the Commercial Rules of the American Arbitration Association, except to the extent that the Commercial Rules conflict with this provision, in which event, this IP Agreement shall control. This arbitration provision shall not limit the right of either Party prior to or during any such dispute to seek, use, and employ ancillary, or preliminary rights and/or remedies, judicial or otherwise, for the purpose of maintaining the status quo until such time as the arbitration award is rendered or the dispute is otherwise resolved. Within ten (10) calendar days of service of a Demand for Arbitration, the Parties shall agree upon a sole arbitrator, or if a sole arbitrator cannot be agreed upon solution within a period of thirty ten (3010) days from the time of the commencement of the informal dispute resolution process described abovecalendar days, then either party Party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means apply to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYany judge in any court of competent jurisdiction in city of Santa Xxxxx County, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year State of California for appointment of the claim arisingarbitrator. The arbitrator(s) shall have the authority only to award equitable relief and compensatory damages and shall not have the authority to award punitive damages or other non-compensatory damages. The arbitrator shall have exclusive authority the right to resolve all disputes arising out award costs including expenses and attorneys’ fee incurred in connection with these dispute resolution procedures and the fees, expenses and costs incurred by the arbitrator. The decision of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but arbitrator(s) shall be final and binding and may not limited be appealed. Any Party may apply to any claim that all or any part court having jurisdiction to enforce the decision of this Agreement is void or voidable, or whether a claim is subject the arbitrator(s) and to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as obtain a judgment in any court of competent jurisdictionthereon. You understand and agree that unless you can demonstrate that All arbitration in Delaware would create an undue burden for you, any arbitration hearing will proceedings held pursuant to this IP Agreement shall be held in Delawarecity of Sunnyvale, California. You understand The discovery provision of the California Code of Civil Procedure in effect at the time of arbitration shall be deemed incorporated herein for the purpose of such arbitration proceedings. Either Party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a Party provided that (i) the arbitration agreement governing the other arbitration permits consolidation, (ii) the arbitrations to be consolidated substantially involve common questions of law or fact, and agree that by entering into this Agreement, each party is waiving (iii) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). This IP Agreement to arbitrate waives any right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementjury.

Arbitration. a) If any legally actionable dispute arises which cannot be resolved by mutual discussion between the parties do not reach parties, each of Executive and the Company agree to resolve that dispute by arbitration before an agreed upon solution within a period of thirty (30) days from arbitrator experienced in employment law. Said arbitration will be conducted pursuant to the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial JAMS Employment Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arisingand Procedures and applicable California law. The arbitrator shall parties agree that this arbitration agreement includes any such disputes that the Company and its related entities may have exclusive authority to resolve all disputes against Executive, or Executive may have against the Company and/or its related entities and/or employees, arising out of or relating to the interpretationExecutive’s employment or its termination including any claims of discrimination or harassment in violation of applicable law and any other aspect of Executive’s compensation, applicabilitytraining, enforceabilityemployment, or formation its termination. b) The parties further agree that this arbitration provision is the exclusive and binding remedy for any such dispute and will be used instead of this Agreementany court action, including but not limited which is hereby expressly waived, except for any request by either party for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law or an administrative claim with an administrative agency. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JUDGE OR JURY. c) The parties agree that the arbitration shall be conducted in Los Angeles County, California, unless otherwise mutually agreed. d) The provisions of Section 1281.8 of the California Code of Civil Procedure with respect to provisional remedies will apply to any claim that all such arbitration. In any such arbitration proceeding, any hearing must be transcribed by a certified court reporter and the arbitrator’s decision must be set forth in writing, consistent with the law of California and supported by essential findings of fact and conclusion of law. The arbitrator may issue any remedy or award available under applicable law but may not add to, modify, change or disregard any part lawful terms of this Agreement or issue an award or remedy that is void or voidable, or whether a claim is subject contrary to arbitrationthe law of California. The arbitrator parties further agree that each party shall be empowered to grant whatever relief pay its own costs and attorneys’ fees, if any; provided, however, the Company shall pay any costs and expenses that Employee would be available not otherwise have incurred if the dispute had been adjudicated in a court under law or in equity. The arbitrator’s award shall be writtenof law, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes rather than through arbitration, including the arbitrator’s fee, any administrative fee, and any filing fee in excess of the maximum court filing fee in the jurisdiction in which the arbitration is commenced. If either party prevails on a statutory claim that affords the prevailing party an award of attorneys’ fees, then the arbitrator may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out award reasonable attorneys’ fees to the following address prevailing party, 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementconsistent with applicable law.

Arbitration. If any dispute between the parties do arising under this Agreement cannot reach an reasonably be resolved by the Parties through mutual negotiation, the Parties hereto agree that the claim or dispute including the arbitrability of the Agreement will be submitted to and decided by binding arbitration under the Commercial Rules of the American Arbitration Association, except to the extent that the Commercial Rules conflict with this provision, in which event, this Agreement shall control. This arbitration provision shall not limit the right of either Party prior to or during any such Dispute to seek, use, and employ ancillary, or preliminary rights and/or remedies, judicial or otherwise, for the purpose of maintaining the status quo until such time as the arbitration award is rendered or the Dispute is otherwise resolved. Within ten (10) calendar days of service of a Demand for Arbitration, the Parties shall agree upon a sole arbitrator, or if a sole arbitrator cannot be agreed upon solution within a period of thirty ten (3010) days from the time of the commencement of the informal dispute resolution process described abovecalendar days, then either party Party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means apply to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYany judge in any court of competent jurisdiction in city of Las Vegas, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year State of Nevada for appointment of the claim arisingarbitrator. The arbitrator(s) shall have the authority only to award equitable relief and compensatory damages, and shall not have the authority to award punitive damages or other non-compensatory damages. The arbitrator shall have exclusive authority the right to resolve all disputes arising out award costs including expenses and attorneys’ fee incurred in connection with these dispute resolution procedures and the fees, expenses and costs incurred by the arbitrator. The decision of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but arbitrator(s) shall be final and binding and may not limited be appealed. Any party may apply to any claim that all or any part court having jurisdiction to enforce the decision of the arbitrator(s) and to obtain a judgment thereon. All arbitration proceedings held pursuant to this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delawarecity of Las Vegas, State of Nevada. You understand The discovery provision of the Nevada Rules of Civil Procedure in effect at the time of arbitration shall be deemed incorporated herein for the purpose of such arbitration proceedings. Either Party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (i) the arbitration agreement governing the other arbitration permits consolidation, (ii) the arbitrations to be consolidated substantially involve common questions of law or fact, and agree that by entering into this Agreement, each party is waiving (iii) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). This agreement to arbitrate waives any right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementjury.

Arbitration. If In the event of any controversy, dispute or claim arising out of or related to this Agreement, the Subscription Agreement or the Convertible Notes, or the interpretation, breach, termination or validity hereof or thereof, the parties do not reach shall submit such controversy, dispute or claim to binding arbitration hereunder. All arbitration proceedings pursuant to this Section shall be before a retired judge of the United States District Court for the Central District of California, Los Angeles Division, or the Los Angeles County Superior Court or such other arbitrator as the parties shall mutually agree upon. In the event that the parties are unable to agree upon the selection of an agreed upon solution within a period arbitrator, any party may request the presiding judge of the United States District Court for the Central District of California, Los Angeles Division, or the Los Angeles County Superior Court to appoint such arbitrator. Arbitration of the dispute shall commence no later than thirty (30) days from after the time selection or appointment of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationsuch arbitrator. The arbitrator shall be empowered bound by the express terms of this Agreement and shall endeavor to grant whatever relief would be available in a court under law reach his or in equity. The arbitrator’s award her decision as quickly as possible, which decision shall be written, final and binding on the parties to this Agreement. The arbitrator shall also have the power to award costs and may expenses (including, without limitation, reasonable attorneys' fees) to the prevailing party. Application to enforce the arbitrator's decision can be entered as a judgment made in any court or other tribunal of competent jurisdiction; any other application or dispute shall be submitted to the United States District Court for the Central District of California, Los Angeles Division, or the Los Angeles County Superior Court for determination. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden The rules of discovery then pertaining to the United States District Court for youthe Central District of California, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this AgreementLos Angeles Division, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to courtCalifornia Court of Law, such as the right case may be, shall apply to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through any such arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patentsincluding, copyrightswithout limitation, moral rights, trademarks, Sections 1283.01 and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days 1283.05 of the date California Code of this AgreementCivil Procedure, the provisions of which are hereby incorporated herein and made a part hereof by reference. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HEREBY IRREVOCABLY WAIVE ANY RIGHT THEY MAY HAVE TO JURY TRIAL OR TO ASSERT THE DOCTRINE OF INCONVENIENT FORUM OR TO OBJECT TO VENUE TO THE EXTENT ANY ACTION SUIT, ARBITRATION OR OTHER PROCEEDING IS BROUGHT IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA.

Arbitration. If Notwithstanding any other provision of this Security Agreement to the contrary, any controversy or claim among the parties do not reach an agreed upon solution within a period relating in any way to any Secured Obligations or this Security Agreement, including any alleged tort, shall at the request of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either any party may initiate hereto be determined by binding arbitration by a single arbitrator before conducted in accordance with the United States Arbitration Act (Title 9 U.S. Code) (the “Act”). Arbitration proceedings will be determined in accordance with the Act, the then-current rules and procedures for the arbitration of financial services disputes of the American Arbitration Association using its Commercial Arbitration Rules (“AAA”), and the terms of this Section. In the event of any inconsistency, the terms of this Section shall control. If AAA is unwilling or unable to serve as the sole means provider of arbitration or to resolve claims enforce any provision of this Section, Agent may designate another arbitration organization with similar procedures to serve as the provider of arbitration. The arbitration proceedings shall be conducted in Los Angeles or Pasadena, California. The arbitration hearing shall commence within 90 days of the arbitration demand and close within 90 days thereafter. The arbitration award must be issued within 30 days after close of the hearing (subject to extension by the terms set forth belowarbitrator for up to 60 days upon a showing of good cause), and shall include a concise written statement of reasons for the award. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYThe arbitrator shall give effect to applicable statutes of limitation in determining any controversy or claim, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSand for these purposes, service on AAA under applicable AAA rules of a notice of claim is the equivalent of the filing of a lawsuit. Any arbitration dispute concerning this Section or whether a controversy or claim must is arbitrable shall be brought within one (1) year of determined by the claim arisingarbitrator. The arbitrator shall have exclusive authority the power to resolve all disputes arising out of or relating award legal fees to the interpretation, applicability, enforceability, or formation of extent provided by this Security Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s Judgment upon an arbitration award shall be written, and binding on the parties and may be entered as a judgment in any court of competent having jurisdiction. You understand The institution and agree that unless you can demonstrate that arbitration in Delaware would create maintenance of an undue burden action for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving judicial relief or pursuant to a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. No controversy or claim shall be submitted to arbitration without the consent of all parties if, at the time of the proposed submission, such controversy or claim relates to an obligation secured by real estate, but if all parties do not consent to submission of such a jury trial controversy or claim to arbitration, it shall be determined as provided in the next sentence. At the request of any party, a trial before controversy or claim that is not submitted to arbitration as provided above shall be determined by judicial reference; and if such an election is made, the parties shall designate to the court a judge referee or referees selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA sponsored proceedings and the presiding referee of the panel (or the referee if there is a public courtsingle referee) shall be an active attorney or retired judge; and judgment upon the award rendered by such referee or referees shall be entered in the court in which proceeding was commenced. Other rights that you would have if you went None of the foregoing provisions of this Section shall limit the right of Agent or Lenders to courtexercise self-help remedies, such as setoff, foreclosure or sale of any Collateral or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after or during any arbitration proceeding. The exercise of a remedy does not waive the right of any party to appeal and resort to certain types arbitration or reference. At Agent’s option, foreclosure of discovery, any interest in real estate may be more limited accomplished either by exercise of power of sale thereunder or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementjudicial foreclosure.

Arbitration. If Notwithstanding any other provision of this Agreement to the contrary, any controversy or claim among the parties do not reach an agreed upon solution within a period relating in any way to any Secured Obligations or this Agreement, including any alleged tort, shall at the request of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either any party may initiate hereto be determined by binding arbitration by a single arbitrator before conducted in accordance with the United States Arbitration Act (Title 9 U.S. Code). Arbitration proceedings will be determined in accordance with the Act, the then-current rules and procedures for the arbitration of financial services disputes of the American Arbitration Association using its Commercial Arbitration Rules (“AAA”), and the terms of this Section. In the event of any inconsistency, the terms of this Section shall control. If AAA is unwilling or unable to serve as the sole means provider of arbitration or to resolve claims enforce any provision of this Section, Collateral Agent may designate another arbitration organization with similar procedures to serve as the provider of arbitration. The arbitration proceedings shall be conducted in Los Angeles or Pasadena, California. The arbitration hearing shall commence within 90 days of the arbitration demand and close within 90 days thereafter. The arbitration award must be issued within 30 days after close of the hearing (subject to extension by the terms set forth belowarbitrator for up to 60 days upon a showing of good cause), and shall include a concise written statement of reasons for the award. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYThe arbitrator shall give effect to applicable statutes of limitation in determining any controversy or claim, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSand for these purposes, service on AAA under applicable AAA rules of a notice of claim is the equivalent of the filing of a lawsuit. Any arbitration dispute concerning this Section or whether a controversy or claim must is arbitrable shall be brought within one (1) year of determined by the claim arisingarbitrator. The arbitrator shall have exclusive authority the power to resolve all disputes arising out of or relating award legal fees to the interpretation, applicability, enforceability, or formation of extent provided by this Agreement, including but not limited to . Judgment upon an arbitration award may be entered in any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationcourt having jurisdiction. The arbitrator shall be empowered not have the power to grant whatever relief would be available in a court under commit errors of law or in equity. The arbitrator’s award shall be writtenlegal reasoning, and binding on the parties and any award may be entered as reviewed and vacated or corrected on appeal to a judgment in any court of competent jurisdictionjurisdiction for any such error. You understand The institution and agree that unless you can demonstrate that arbitration in Delaware would create maintenance of an undue burden action for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving judicial relief or pursuant to a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. No controversy or claim shall be submitted to arbitration without the consent of all parties if, at the time of the proposed submission, such controversy or claim relates to an obligation secured by real estate, but if all parties do not consent to submission of such a jury trial controversy or claim to arbitration, it shall be determined as provided in the next sentence. At the request of any party, a trial before controversy or claim that is not submitted to arbitration as provided above shall be determined by judicial reference; and if such an election is made, the parties shall designate to the court a judge referee or referees selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA sponsored proceedings and the presiding referee of the panel (or the referee if there is a public courtsingle referee) shall be an active attorney or retired judge; and judgment upon the award rendered by such referee or referees shall be entered in the court in which proceeding was commenced. Other rights that you would have if you went None of the foregoing provisions of this Section shall limit the right of Agent, Collateral Agent or Lenders to courtexercise self-help remedies, such as setoff, foreclosure or sale of any Collateral or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after or during any arbitration proceeding. The exercise of a remedy does not waive the right of any party to appeal and resort to certain types arbitration or reference. At Collateral Agent’s option, foreclosure of discovery, any interest in real estate may be more limited accomplished either by exercise of power of sale thereunder or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementjudicial foreclosure.

Arbitration. If The Company and Executive shall attempt to settle any disputes arising in connection with this Agreement through good faith consultation. In the parties do event that Executive and the Company are not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means able to resolve claims subject any such disputes within 15 days after notification in writing to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYother (the “Initial Period”), AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration any dispute or claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or in connection with this Agreement will be finally settled by binding arbitration in San Mateo County, California, in accordance with the process outlined in this Section 7. To ensure the timely and economical resolution of disputes that may arise in connection with Executive’s employment with the Company, Executive and the Company agree that, after the expiration of the Initial Period, any and all disputes, claims, or causes of action arising from or relating to the interpretationenforcement, applicabilitybreach, enforceabilityperformance, negotiation, execution, or formation interpretation of this Agreement, or Executive’s employment, or the termination of Executive’s employment, including but not limited to all statutory claims, shall be resolved pursuant to the Federal Arbitration Act, 9 U.S.C. §1-16, and to the fullest extent permitted by law, by final, binding and confidential arbitration by a single arbitrator conducted by JAMS, Inc. (“JAMS”) under the then applicable JAMS rules (available upon request and also currently available at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration/). By agreeing to this arbitration procedure, both Executive and the Company waive the right to resolve any claim such dispute through a trial by jury or judge or administrative proceeding and agree that all or the arbitrator’s award shall be final and binding on both parties. This arbitration provision is to be construed as broadly as is permissible under applicable law. The Company acknowledges that Executive will have the right to be represented by legal counsel at any part arbitration proceeding. Questions of this Agreement is void or voidable, or whether a claim is subject to arbitrationarbitration under this agreement shall be decided by the arbitrator. Likewise, procedural questions which grow out of the dispute and bear on the final disposition are also matters for the arbitrator. The arbitrator shall shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be empowered permitted by law; (b) issue a written arbitration decision, to grant whatever relief include the arbitrator’s essential findings and conclusions and a statement of the award; and (c) be authorized to award any or all remedies that Executive or the Company would be available entitled to seek in a court under law or in equityof law. The arbitrator’s award Company shall pay all JAMS’ arbitration fees in excess of the amount of court fees that would be written, and binding on required of Executive if the parties and dispute were decided in a court of law. Nothing in this Agreement is intended to prevent either Executive or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Any awards or orders in such arbitrations may be entered and enforced as a judgment judgments in the federal and state courts of any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreement.

Arbitration. If the parties do Senior Managements are not reach an agreed upon solution able to resolve such dispute referred to them under Section 11.2 within such [***] day period, then such dispute shall be resolved by final and binding arbitration as follows: The Parties shall select a period of thirty (30) days from mutually agreeable arbitrator who has significant relevant experience in the time subject matter of the commencement disputed issue and no affiliation or pre-existing relationship with either Party. If the Parties cannot agree on an arbitrator within [***] days after the end of the informal dispute resolution process [***] day period referred in Section 11.2 (or with respect to a Disputed Matter described abovein Section 11.4, then either party may initiate binding arbitration after referral by a single Party of such Disputed Matter to arbitration), either Party may request the Judicial and Mediation Services (“JAMS”) in San Francisco, CA to appoint an arbitrator before on behalf of the American Arbitration Association using its Commercial Arbitration Rules Parties in accordance with the commercial arbitration rules of JAMS, and the proceeding shall be conducted in accordance with JAMS rules. The arbitrator may decide any issue as to whether, or as to the sole means extent to resolve claims which, any dispute is subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arisingand other dispute resolution provisions in this Supply Agreement. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to must base the interpretation, applicability, enforceability, or formation award on the provisions of this Agreement, including but not limited to any claim that all or any part of this Supply Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available and must render the award in a writing which must include an explanation of the reasons for such award. Judgment upon the award rendered by the arbitrator may be entered by any court under law or in equityhaving jurisdiction thereof. The arbitrator’s award fees and expenses shall be writtenshared equally by the Parties, unless the arbitrator in the award assesses such fees and binding on expenses against one of the parties Parties or allocates such fees and may be entered as a judgment expenses other than equally between the Parties. Each Party shall bear and pay its own expenses incurred in connection with any dispute resolution under this Section 11.3. Notwithstanding the foregoing, either Party shall have the right, without waiving any right or remedy available to such Party under this Supply Agreement or otherwise, to seek and obtain from any court of competent jurisdiction. You understand and agree jurisdiction any interim or provisional relief that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial necessary or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court desirable to protect its intellectual the rights or property rights (meaning patentsof such Party, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have pending the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days selection of the date arbitrator hereunder or pending the arbitrator’s decision of this Agreementthe dispute subject to arbitration.

Arbitration. If the parties do Agreement Dispute has not reach an agreed upon solution been resolved for any reason after the Negotiation Period, such Agreement Dispute shall be determined, at the request of any relevant Party, by arbitration conducted in New York City, before and in accordance with the then-existing Rules for Non-Administered Arbitration of the International Institute for Conflict Prevention and Resolution (“CPR”), except as modified herein (the “Rules”). There shall be one arbitrator, which shall be appointed by the Parties within a period of thirty twenty (3020) days from the time of receipt by respondent of a copy of the commencement of demand for arbitration. If the informal dispute resolution process described abovearbitrator is not timely appointed by the Parties under this Section 8.2, then either party may initiate binding arbitration he or she shall be appointed by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as CPR in accordance with the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYRules, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSand in any such procedure, each Party shall be given two strikes, excluding strikes for cause. Any controversy concerning whether an Agreement Dispute is an arbitrable Agreement Dispute, whether arbitration claim must be brought within one (1) year has been waived, whether an assignee of the claim arising. The arbitrator shall have exclusive authority this Agreement is bound to resolve all disputes arising out of arbitrate, or relating as to the interpretation, applicability, enforceability, validity or formation enforceability of this AgreementArticle VIII shall be determined by the arbitrator. In resolving any Agreement Dispute, including but not limited the Parties intend that the arbitrator shall apply the substantive Laws of the State of New York, without regard to any claim choice of law principles thereof that all or any part would mandate the application of this Agreement is void or voidable, or whether a claim is subject to arbitrationthe laws of another jurisdiction. The Parties intend that the provisions to arbitrate set forth herein be valid, enforceable and irrevocable, and any award rendered by the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, final and binding on the parties Parties. The Parties agree to comply and may be entered as a cause the members of their applicable Group to comply with any award made in any such arbitration proceedings and agree to enforcement of or entry of judgment upon such award, in any court of competent jurisdiction, including (a) the Supreme Court of the State of New York, New York County, or (b) the United States District Court for the Southern District of New York. You understand The arbitrator shall be entitled, if appropriate, to award any remedy in such proceedings, including monetary damages, specific performance and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youall other forms of legal and equitable relief; provided, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreementhowever, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and arbitrator shall not be bound by these arbitration provisions by sending written notice of your decision entitled to opt out award special, consequential, reputational, indirect or punitive damages unless in connection with indemnification for a Third Party Claim (and in such a case, only to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementextent awarded in such Third Party Claim).

Arbitration. If In the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration event any claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, controversy arises under or formation concerning any provision of this Agreement, including but not limited to any the termination provision (Paragraph 10), Company and Executive hereby agree that such claim or controversy shall be settled by final, binding arbitration in accordance with the Employment Dispute Resolution Rules of the American Arbitration Association, provided, however, that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The the impartial arbitrator shall be empowered chosen as follows: if Company and Executive are unable to grant whatever relief would be available in agree upon an impartial arbitrator within five (5) days of a court under law or in equity. The arbitrator’s award shall be writtenrequest for arbitration, and binding on the parties shall request a panel of five (5) labor and employment arbitrators from the American Arbitration Association and shall alternatively strike names until a single arbitrator remains. Arbitration shall occur, if practicable, in Santa Xxxxxxx County, CA. Judgment upon the award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof. Depositions may be taken and other discovery may be obtained during such arbitration proceedings to the same extent as authorized in civil judicial proceedings, subject to any limitations placed on discovery by the arbitrator. The parties shall share equally in the costs of conducting the arbitration and shall each pay their expenses, but the prevailing party shall be entitled to recover its reasonable attorneys' fees. Notwithstanding the foregoing, nothing herein shall preclude or limit Company from seeking injunctive relief from a court of competent jurisdiction. You understand Executive acknowledges and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youagrees that, by agreeing to this provision, he is agreeing to arbitrate any arbitration hearing will be held in Delaware. You understand and agree that by entering into claim relating to his employment, whether or not it arises under the terms of this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal may arise under federal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secretslaws including, but not privacy or publicity rights) or Confidential Informationlimited to, claims arising under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Fair Employment and Housing Act. FurthermoreEXECUTIVE FURTHER UNDERSTANDS THAT BY AGREEING TO ARBITRATE EMPLOYMENT CLAIMS HE IS WAIVING HIS RIGHT TO BRING AN ACTION AGAINST COMPANY IN A COURT OF LAW, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address EITHER STATE OR FEDERAL, 00 X. Xxxxxx StreetAND IS WAIVING HIS RIGHT TO HAVE HIS CLAIMS AND DAMAGES, RaleighIF ANY, North Carolina, 27601, within 30 days of the date of this AgreementDETERMINED BY A JURY.

Arbitration. If You agree that any future disputes between you and the parties do Company (the “parties”) including but not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means limited to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating related to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part shall be resolved by binding arbitration except where the law specifically forbids the use of this Agreement is void or voidablearbitration as a final and binding remedy, or where section 8(g) below specifically allows a different remedy. (a) The complainant shall provide the other party a written statement of the claim identifying any supporting witnesses or documents and the relief requested. (b) The respondent shall furnish a statement of the relief, if any, that it is willing to provide, and identifying supporting witnesses or documents. If the matter is not resolved, the parties agree to submit their dispute to a non-binding mediation paid for by the Company, provided, however, that if the amount in dispute is $50,000 or less, this step may be waived at the election of either party. (c) If the matter is not resolved, the parties agree that the dispute shall be resolved by binding arbitration according to the California Code of Civil Procedure, including the provisions of Section 1283.05, pertaining to discovery. (d) The arbitrator shall have the authority to determine whether a claim is the conduct complained of in section 8(a) violates the complainant’s rights and, if so, to grant any relief authorized by law; subject to arbitrationthe exclusions of section (g) below. The arbitrator shall be empowered not have the authority to grant whatever relief would be available modify, change or refuse to enforce any lawful term of this Agreement. (e) The Company shall bear the costs of the arbitration. If the Company prevails, you shall pay any litigation costs of the Company to the same extent as if the matter had been heard in a court of general jurisdiction. Each party shall pay its own attorneys’ fees, unless the arbitrator orders otherwise, pursuant to applicable law. (f) Arbitration shall be the exclusive final remedy for any dispute between the parties, such as disputes involving claims for discrimination or harassment (such as claims under law the Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or the Age Discrimination in equity. Employment Act), wrongful termination, breach of contract, breach of public policy, physical or mental harm or distress or any other disputes, and the parties agree that no dispute shall be submitted to arbitration where the complainant has not complied with the preliminary steps provided for in sections (a) and (b) above. (g) The arbitrator’s parties agree that the arbitration award shall be written, and binding on the parties and may be entered as a judgment enforceable in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into having jurisdiction to enforce this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such so long as the right to appeal arbitrator’s findings of fact are supported by substantial evidence on the whole and to certain types the arbitrator has not made errors of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitrationlaw; however, either party may bring an action in state a court of competent jurisdiction, regarding or federal related to matters involving the Company’s confidential, proprietary or trade secret information, or regarding or related to inventions that you may claim to have developed prior to or after joining the Company, seeking preliminary injunctive relief in court to protect its intellectual property rights preserve the status quo or prevent irreparable injury before the matter can be heard in arbitration. (meaning patentsh) The arbitration shall be held in the City of Los Angeles, copyrightsCalifornia, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have unless the right parties mutually agree to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to a different location for the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementarbitration.

Arbitration. If In the parties do not reach an agreed upon solution within a period event of thirty (30) days from the time any dispute, controversy, or claim relating to or arising out of Executive's employment relationship with Vitesse; this Agreement or any alleged breach, default, or misrepresentation in connection with any of the commencement provisions of this Agreement; or the informal dispute resolution process described abovetermination of Executive's employment with Vitesse for any reason (including, then either party may initiate but not limited to, any claims of breach of contract, wrongful termination, or age, sex, race, national origin, sexual orientation, religion, disability or other discrimination or harassment), Executive and Vitesse agree that all such disputes shall be fully, finally, and exclusively resolved by binding arbitration before a sole neutral arbitrator to the fullest extent permitted by a single arbitrator before the American Arbitration Association using law. The arbitration will be conducted by JAMS in Ventura County, California in accordance with its Commercial “Employment Arbitration Rules as the sole means to resolve claims & Procedures” or such later-adopted successor rules then in effect and shall be subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness. Information regarding the terms set forth belowrules of JAMS and copies of such rules can be found at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration/. The parties will select a neutral arbitrator, or if they cannot agree on one, JAMS will select a neutral arbitrator. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYThe Company will pay any costs of arbitration, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSincluding the arbitrator’s fees that would not be borne by an individual filing an action in court. Any arbitration claim must be brought within one (1) year of Each party shall have the claim arisingright to such discovery as is reasonably necessary to develop and prosecute his, her, or its case. The parties agree that in any proceeding with respect to such matters, each party shall bear its own attorney's fees and costs, unless the arbitrator otherwise orders. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to may grant any claim relief that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand The arbitrator will render a written decision that sets out his or her findings and reasoning in sufficient detail to allow for review of the decision. This is a mutual agreement; Executive and Vitesse are both required to arbitrate all such disputes relating to or arising out of Executive’s employment relationship with Vitesse. The parties acknowledge and agree that unless you can demonstrate that arbitration they are hereby waiving any rights to trial by jury in Delaware would create an undue burden for youany action, proceeding or counterclaim brought by either of the parties against the other in connection with any arbitration hearing will be held matter whatsoever arising out of or in Delawareany way connected with any of the matters referenced in this Section 15. You understand Except with respect to actions seeking injunctive relief pursuant to Code of Civil Procedure section 1281.8, Executive and agree that by entering into this Agreement, each party is waiving the right Vitesse both waive their rights to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring file an action in state or federal court with regard to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Informationany matter referred to in this Section 15. Furthermore, you have Judgment on the right to opt out and not arbitrator’s award may be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreemententered in any court having jurisdiction.

Arbitration. If 8.1 Except as to issues relating to the parties do validity, enforceability, or infringement of any patent contained in the Patent Rights licensed hereunder, any and all claims, disputes or controversies arising under, out of, or in connection with this Agreement, which have not reach an agreed upon solution within a period of thirty (30) days from been resolved by good faith negotiations between the time of the commencement of the informal dispute resolution process described aboveparties, then either party may initiate shall be resolved by final and binding arbitration by a single arbitrator before in any United States court or tribunal having jurisdiction thereof under the rules of the American Arbitration Association using its Commercial Arbitration Rules as the sole means then in effect. The arbitrators shall have no power to resolve claims subject to add to, subtract from, or modify any of the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSor conditions of this Agreement. Any award rendered in such arbitration claim must may be brought within enforced by either party in either the state or federal courts to whose jurisdiction for such purposes Licensor and Licensee each hereby irrevocably consents and submits. 8.1.1 The arbitration tribunal shall consist of three arbitrators. Each party shall nominate in the request for arbitration and the answer thereto one (1) year arbitrator, and these two arbitrators will then jointly appoint a third arbitrator as chairman of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of arbitration tribunal. 8.2 Any claim, dispute, or relating to controversy concerning the interpretation, applicabilityvalidity, enforceability, or formation infringement of this Agreementany patent contained in the Patent Rights licensed hereunder shall be resolved in any court having jurisdiction thereof. 8.3 In the event that, including but not limited to in any claim that all or arbitration proceeding, any part of this Agreement is void or voidableissue shall arise concerning the validity, enforceability, or whether a claim is subject infringement of any patent contained in the Patent Rights licensed hereunder, the arbitrators shall, to arbitration. The arbitrator the extent possible, resolve all issues other than validity, enforceability, and infringement; in any event, the arbitrators shall not delay the arbitration proceeding for the purpose of obtaining or permitting either party to obtain judicial resolution of such issues, unless an order staying the arbitration proceeding shall be empowered to grant whatever relief would be available in entered by a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration Neither party shall raise any issue concerning the validity, enforceability, or infringement of any patent contained in Delaware would create an undue burden for youthe Patent Rights licensed hereunder, in any proceeding to enforce any arbitration hearing will be held award hereunder, or in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, any proceeding otherwise arising out of any such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementaward.

Arbitration. If Notwithstanding any other provision of this Agreement to the contrary, any controversy or claim among the parties do not reach an agreed upon solution within a period relating in any way to any Guaranteed Obligations or Loan Documents, including any alleged tort, shall at the request of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either any party may initiate hereto be determined by binding arbitration by a single arbitrator before conducted in accordance with the United States Arbitration Act (Title 9 U.S. Code). Arbitration proceedings will be determined in accordance with the Act, the then-current rules and procedures for the arbitration of financial services disputes of the American Arbitration Association using its Commercial Arbitration Rules (“AAA”), and the terms of this Section. In the event of any inconsistency, the terms of this Section shall control. If AAA is unwilling or unable to serve as the sole means provider of arbitration or to resolve claims enforce any provision of this Section, Agent may designate another arbitration organization with similar procedures to serve as the provider of arbitration. The arbitration proceedings shall be conducted in Los Angeles or Pasadena, California. The arbitration hearing shall commence within 90 days of the arbitration demand and close within 90 days thereafter. The arbitration award must be issued within 30 days after close of the hearing (subject to extension by the terms set forth belowarbitrator for up to 60 days upon a showing of good cause), and shall include a concise written statement of reasons for the award. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYThe arbitrator shall give effect to applicable statutes of limitation in determining any controversy or claim, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSand for these purposes, service on AAA under applicable AAA rules of a notice of claim is the equivalent of the filing of a lawsuit. Any arbitration dispute concerning this Section or whether a controversy or claim must is arbitrable shall be brought within one (1) year of determined by the claim arisingarbitrator. The arbitrator shall have exclusive authority the power to resolve all disputes arising out of or relating award legal fees to the interpretation, applicability, enforceability, or formation of extent provided by this Agreement, including but not limited to . Judgment upon an arbitration award may be entered in any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationcourt having jurisdiction. The arbitrator shall be empowered not have the power to grant whatever relief would be available in a court under commit errors of law or in equity. The arbitrator’s award shall be writtenlegal reasoning, and binding on the parties and any award may be entered as reviewed and vacated or corrected on appeal to a judgment in any court of competent jurisdictionjurisdiction for any such error. You understand The institution and agree that unless you can demonstrate that arbitration in Delaware would create maintenance of an undue burden action for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving judicial relief or pursuant to a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. No controversy or claim shall be submitted to arbitration without the consent of all parties if, at the time of the proposed submission, such controversy or claim relates to an obligation secured by Real Estate, but if all parties do not consent to submission of such a jury trial controversy or claim to arbitration, it shall be determined as provided in the next sentence. At the request of any party, a trial before controversy or claim that is not submitted to arbitration as provided above shall be determined by judicial reference; and if such an election is made, the parties shall designate to the court a judge referee or referees selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA sponsored proceedings and the presiding referee of the panel (or the referee if there is a public courtsingle referee) shall be an active attorney or retired judge; and judgment upon the award rendered by such referee or referees shall be entered in the court in which proceeding was commenced. Other rights that you would have if you went None of the foregoing provisions of this Section shall limit the right of Agent or Lenders to courtexercise self-help remedies, such as setoff, foreclosure or sale of any Collateral or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after or during any arbitration proceeding. The exercise of a remedy does not waive the right of any party to appeal and resort to certain types of discoveryarbitration or reference. At Agent’s option, foreclosure under a Mortgage may be more limited accomplished either by exercise of power of sale thereunder or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementjudicial foreclosure.

Arbitration. If the parties do not reach an agreed upon solution within (a) Any claim, dispute or other controversy (a period of thirty (30"Controversy") days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate relating to this Agreement shall be settled and resolved by binding arbitration in San Diego County, California if initiated by the Executive or in Sacramento County if initiated by the Company before a single arbitrator before under the Employment Rules of the American Arbitration Association using its Commercial Arbitration Rules as ("AAA") in effect at the sole means to resolve claims subject to time a demand for arbitration is made. If there is any conflict between the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYAAA rules and this arbitration clause, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any this arbitration claim must be brought within one (1) year clause will govern and determine the rights of the claim arisingparties. The Parties to this Agreement (the "Parties") shall be entitled to full discovery regarding the Controversy as permitted by the California Code of Civil Procedure. The arbitrator's decision on the Controversy shall be a final and binding determination of the Controversy and shall be fully enforceable as an arbitration award in any court having jurisdiction and venue over the Parties. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to also award the interpretationprevailing Party any reasonable attorneys' fees and reasonable expenses the prevailing Party incurs in connection with the arbitration, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationand the non-prevailing Party shall pay the arbitrator's fees and expenses. The arbitrator shall determine who is the prevailing Party. Each Party also agrees to accept service of process for all arbitration proceedings in accordance with AAA's rules. (b) The obligation to arbitrate shall not be empowered binding upon either party with respect to grant whatever relief would be available requests for temporary restraining orders, preliminary injunctions or other procedures in a court under law of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or in equity. prevent irreparable injury pending resolution by arbitration of the actual dispute between the Parties. (c) The arbitrator’s award provisions of this Section shall be writtenconstrued as independent of any other covenant or provision of this Agreement; provided that, if a court of competent jurisdiction determines that any such provisions are unlawful in any way, such court shall modify or interpret such provisions to the minimum extent necessary to have them comply with the law. (d) This arbitration provision shall be deemed to be self-executing and binding on shall remain in full force and effect after expiration or termination of this Agreement. In the parties and event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that against such party by entering into this Agreement, each party is waiving the right default or otherwise notwithstanding said failure to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementappear.

Arbitration. If Fluidigm and Customer agree that any dispute or controversy arising out of or in connection with this Agreement shall be finally settled by binding arbitration under the parties do not reach an agreed upon solution within a period of thirty (30) days from the time extant rules of the commencement of the informal dispute resolution process described aboveInternational Centre for Dispute Resolution, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year arbitrator appointed in accordance with such rules. For sales originating in Asia, the venue of any such arbitration shall be Singapore; for sales originating in Europe, the claim arisingvenue of any such arbitration shall be Amsterdam, Netherlands; and for sales originating in all other regions, the venue of arbitration shall be San Francisco, California. The arbitrator arbitration shall have exclusive authority to resolve all disputes arising out of be conducted in English, and any written evidence originally in a language other than English shall be submitted in English translation accompanied by the original or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationtrue copy thereof. The decision and/or award rendered by the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, final and non- appealable, and the parties agree that the decision and/or award of the arbitrator shall be the sole, exclusive and binding on remedy between them regarding any and all disputes, controversies, claims and counterclaims properly before the arbitrator. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award, punitive or exemplary damages against any party. The costs of any arbitration, including administrative fees and fees of the arbitrator, shall be shared equally by the parties, and each party shall bear the cost of its own attorneys' and expert fees, provided that the arbitrator may at his or her discretion award to the prevailing party the costs and expenses incurred by the prevailing party in connection with the arbitration proceeding. The decision and/or award of the arbitrator may be entered as a judgment in any court of competent jurisdiction. You understand jurisdiction for a judicial recognition of the decision and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden applicable orders of enforcement (which may include, without limitation, permanent injunctive relief or orders for youspecific performance or for equitable relief), any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state apply to any court of competent jurisdiction for appropriate restraining orders or federal court to protect its intellectual property rights (meaning patentstemporary injunctive relief pending resolution of any arbitration proceeding. For avoidance of doubt, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out any such equitable remedies shall be cumulative and not be bound by these arbitration provisions by sending written notice of your decision exclusive and are in addition to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of any other remedies which either party may have under this AgreementAgreement or applicable law.

Arbitration. If The parties hereto understand and agree that the Property leased herein is involved in, affect, or have a direct impact upon, interstate commerce. Both parties agree that all claims, demands, disputes or controversies of every kind or nature that may arise between them concerning any of the provisions of this Lease, any negotiations leading to the lease or sale of the Property, any disputes arising pursuant to this Lease, OTHER THAN TENANT’S FAILURE TO PAY RENT, EVICTION PROCEEDINGS BROUGHT BY LANDLORD AGAINST TENANT AND/OR DAMAGE TO THE PROPERTY CAUSED BY TENANT, or any breach of the terms or performance of any covenant under this Lease, shall be settled by binding arbitration conducted pursuant to the provisions of 9 U.S.C. Section 1 et seq. and INITIAL 5 according to the Commercial Rules of the American Arbitration Association. Without limiting the generality of the foregoing, it is the intention of the parties do not reach an agreed upon solution within a period to resolve by binding arbitration all disputes arising between the parties, the terms and meaning of thirty (30) days from the time any of the commencement terms of this Lease or any other document signed between the informal dispute resolution process parties, any representations, promises or omissions made in connection with the negotiation of this Lease. Both parties agree, covenant and contract that there shall be no class arbitration between the parties and that the only parties to any disputes or controversies to be arbitrated as more particularly described above, then either herein shall be the Landlord and Tenant. Either party may initiate binding demand arbitration by a single arbitrator before filing with the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any written demand for arbitration claim must be brought within one (1) year along with a statement of the claim arisingmatter in controversy. The arbitrator A copy of the demand for arbitration shall have exclusive authority simultaneously be served upon the other party. Both parties agree that the arbitration proceedings to resolve all such disputes arising out of or relating to shall be conducted in the interpretationcity/county where the Property is located. Both parties agree that they shall keep confidential the results, applicability, enforceability, or formation decisions and conversations and all communications in connection with the arbitration proceedings and/or the arbitration agreement. Either party may seek damages and/or an injunction against the other for any violations of this Agreementprovision. In the event of arbitration, including each party shall be responsible for its own costs related to arbitration, including, but not limited to any claim that all or any part of this Agreement is void or voidableto, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the partiesits reasonable attorneys’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementfees.

Arbitration. If In the event any claim or controversy arises under or concerning any provision of this Agreement, excluding the termination provision (Paragraph 10), Company and Executive hereby agree that such claim or controversy shall be settled by final, binding arbitration in accordance with the Employment Dispute Resolution Rules of the American Arbitration Association, provided, however, that the impartial arbitrator shall be chosen as follows: if Company and Executive are unable to agree upon an impartial arbitrator within five (5) days of a request for arbitration, the parties do not reach an agreed upon solution within shall request a period panel of thirty five (305) days labor and employment arbitrators from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial and shall alternatively strike names until a single arbitrator remains. Arbitration Rules as shall occur, if practicable, in Santa Xxxxxxx County, CA. Judgment upon the sole means to resolve claims subject to award rendered by the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court having jurisdiction thereof. Depositions may be taken and other discovery may be obtained during such arbitration proceedings to the same extent as authorized in civil judicial proceedings, subject to any limitations placed on discovery by the arbitrator. The parties shall share equally in the costs of conducting the arbitration and shall each pay their expenses, but the prevailing party shall be entitled to recover its reasonable attorneys' fees. Notwithstanding the foregoing, nothing herein shall preclude or limit Company from seeking injunctive relief from a court of competent jurisdiction. You understand Executive acknowledges and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youagrees that, by agreeing to this provision, he is agreeing to arbitrate any arbitration hearing will be held in Delaware. You understand and agree that by entering into claim relating to his employment, whether or not it arises under the terms of this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal may arise under federal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secretslaws including, but not privacy or publicity rights) or Confidential Informationlimited to, claims arising under Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act and the Fair Employment and Housing Act. FurthermoreEXECUTIVE FURTHER UNDERSTANDS THAT BY AGREEING TO ARBITRATE EMPLOYMENT CLAIMS HE IS WAIVING HIS RIGHT TO BRING AN ACTION AGAINST COMPANY IN A COURT OF LAW, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address EITHER STATE OR FEDERAL, 00 X. Xxxxxx StreetAND IS WAIVING HIS RIGHT TO HAVE HIS CLAIMS AND DAMAGES, RaleighIF ANY, North Carolina, 27601, within 30 days of the date of this AgreementDETERMINED BY A JURY.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described aboveYou and Oaktree acknowledge and agree that, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYextent permitted by law, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve any and all disputes disputes, claims or controversies arising out of or relating to the interpretationhiring process, applicabilityyour employment relationship with any member of the Oaktree Group or the termination of that employment relationship (including any claims for harassment, enforceabilityretaliation, or formation discrimination pursuant to Title VII of this Agreementthe Civil Rights Act of 1964, including but not limited to any claim that all the Fair Labor Standards Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, or any part similar provision of this Agreement is void state or voidablefederal statutory or common law) shall be submitted to final and binding arbitration before Judicial Arbitration and Mediation Services, Inc. (“JAMS”). The arbitration shall take place in Los Angeles, California, and shall be conducted in accordance with the provisions of JAMS Employment Arbitration Rules and Procedures, or whether any similar successor, in effect at the time of filing of the demand for arbitration. The arbitration shall be held before and decided by a claim is subject single neutral arbitrator, experienced in employment matters. You and Oaktree agree to arbitrationparticipate in the arbitration in good faith. The arbitrator shall be empowered have the power to grant whatever relief would be award any appropriate remedy allowed by applicable law, but shall not have power to modify the provisions of this Section 9(h), to make an award or impose a remedy that is not available in to a court under law or of general jurisdiction sitting in equitythe State of California, and the jurisdiction of the arbitrator is limited accordingly. Unless otherwise determined by the arbitrator, the fees and costs of the arbitrator and the arbitration (but not the parties’ respective individual costs of conducting the arbitration) shall be borne equally by Oaktree and you; provided, that Oaktree shall pay a greater portion (including, if required, all) of the fees and costs of the arbitrator and the arbitration where required by applicable law. The arbitrator’s award arbitrator shall apply California substantive law, including any applicable statutes of limitation. Adequate discovery shall be writtenpermitted by the arbitrator consistent with applicable law and the objectives of arbitration. The award of the arbitrator, which shall be in writing summarizing the basis for the decision, shall be final and binding on upon the parties (subject only to limited review as required by law) and may be entered as a judgment in any court of having competent jurisdiction, and the parties hereby consent to the jurisdiction of the courts of the State of California. You understand The details, existence and agree outcome of any such arbitration and any information obtained in connection with any such arbitration (including any discovery taken in connection with such arbitration) shall be kept strictly confidential and shall not be disclosed or discussed with any person not a party to, or witness in, the arbitration; provided that unless you can demonstrate a party may make such disclosures as are required by applicable law or legal process; provided further that arbitration a party may make such disclosures to its attorneys, accountants or other agents and representatives who reasonably need to know the disclosed information in Delaware would create an undue burden for you, connection with any arbitration hearing will be held in Delawarepursuant to this Section 9(h) and who are obligated to keep such information confidential to the same extent as such party. You understand and agree that by entering into this AgreementIf either you or Oaktree, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right case may be, receives a subpoena or other request for information from a third party that seeks disclosure of any information that is required to appeal and be kept confidential pursuant to certain types of discoverythe immediately preceding sentence, or otherwise believes that it may be more limited or may also be waived. Notwithstanding the parties’ decision required to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermoredisclose any such information, you have or Oaktree, as the right case may be, shall (i) promptly notify the other party to opt out the arbitration and not (ii) reasonably cooperate with such other party in taking any legal or otherwise appropriate actions, including the seeking of a protective order, to prevent the disclosure or otherwise protect the confidentiality, of such information. To the extent necessary, disclosure of the EVU Award may be bound by these made in connection with enforcement of such award. For the avoidance of doubt, you and Oaktree agree and acknowledge that future agreements or contracts between you and Oaktree may include arbitration provisions by sending written notice of your decision governing disputes, claims or controversies that shall be separate and distinct from any arbitration pursuant to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementSection 9(h).

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal Any controversy, claim or dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part shall be settled by binding arbitration in [CITY/STATE]. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of this Agreement is void or voidableAmerican Arbitration Association (“AAA”), or whether a claim is subject to arbitration. The with the following exceptions if in conflict: (a) one arbitrator shall be empowered chosen by AAA (the “Arbitrator”); (b) each party to grant whatever relief would be available the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the Arbitrator; and (c) arbitration may proceed in a court under law or in equitythe absence of any party if written notice (pursuant to the Arbitrator’s rules and regulations) of the proceeding has been given to such party. The arbitrator’s award parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be written, final and binding on the parties conclusive and may be entered as a judgment in any court having jurisdiction thereof as a basis of competent jurisdictionjudgment and of the issuance of execution for its collection. You understand and agree All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity, provided however, that unless you can demonstrate that arbitration nothing in Delaware would create an undue burden for you, any arbitration hearing will this subsection shall be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such construed as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring precluding brining an action in state for injunctive relief or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but other equitable relief. The Arbitrator shall not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out award punitive damages or speculative damages to either party and shall not be bound by these arbitration provisions by sending written notice of your decision have the power to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of amend this Agreement. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELTING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes controversy arising out of or relating to this Separation Agreement, the interpretation, applicability, enforceabilityenforcement or interpretation of this Separation Agreement, or formation because of an alleged breach, default, or misrepresentation in connection with any of the provisions of this Separation Agreement, including but not limited to (without limitation) any claim that all state or any part of this Agreement is void or voidablefederal statutory claims, or whether a claim is subject to arbitration. The arbitrator shall be empowered submitted to grant whatever final and binding arbitration, to be held in Orange County, California before a sole neutral arbitrator; provided, however, that provisional injunctive relief would may, but need not, be available sought in a court under of law while arbitration proceedings are pending, and any provisional injunctive relief granted by such court shall remain effective until the matter is finally determined by the arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The parties acknowledge and agree that they are hereby waiving any rights to trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other in connection with any matter whatsoever arising out of or in equityany way connected with any of the matters referenced in the first sentence of the first paragraph of this Section VII.I. The parties agree that MSC shall be responsible for payment of the forum costs of any arbitration hereunder, including the Arbitrator’s fee. The arbitratorparties further agree that in any proceeding with respect to such matters, each party will bear its own attorney’s award fees and costs (other than forum costs associated with the arbitration which in any event shall be written, and binding on paid by MSC). Without limiting the remedies available to the parties and notwithstanding the foregoing provisions of this Section VII.I, Xxxxxx and MSC acknowledge that any breach of any of the covenants or provisions contained in this Separation Agreement could result in irreparable injury to either of the parties hereto for which there might be no adequate remedy at law, and that, in the event of such a breach or threat thereof, the non-breaching party shall be entitled to obtain a temporary restraining order and/or a preliminary injunction and a permanent injunction restraining the other party hereto from engaging in any activities prohibited by any covenant or provision in this Separation Agreement or such other equitable relief as may be entered as a judgment in required to enforce specifically any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date covenants or provisions of this Separation Agreement.

Arbitration. If Any controversy or claim by or between the parties do related in any way to this Agreement shall be settled by binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules; provided that nothing herein shall require arbitration of any claim or charge which, by law, cannot reach an agreed upon solution be the subject of a compulsory arbitration agreement. Any arbitration proceeding brought under this Agreement shall be conducted in Charlotte, North Carolina by a single arbitrator appointed by agreement of the parties within a period of thirty (30) days from the time of receipt by respondent of the commencement demand for arbitration, or in default thereof by the AAA. Each of Buyer, Project LLC, Seller and Blue Sphere, agree to be bound by this arbitration clause provided that they have either (i) signed this contract or a contract that incorporates this contract by reference or (ii) signed any other agreement to be bound by this arbitration clause. Each such party agrees that it may be joined as an additional party to an arbitration involving other parties under any such agreement. The arbitrator(s) in the first-filed of such proceeding shall be the arbitrator(s) for the consolidated proceeding. The arbitrator, in rendering an award in any arbitration conducted pursuant to this provision, shall issue a reasoned award stating the findings of fact and conclusions of law on which it is based, and the arbitrator shall be required to follow the law of the informal dispute resolution process described abovestate designated by the parties herein. Any judgment or enforcement of any award, then either party including an award providing for interim or permanent injunctive relief, rendered by the arbitrator may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYbe entered, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSenforced or appealed from in any court having jurisdiction thereof. Any arbitration claim must be brought within one (1) year of proceedings, decision or award rendered hereunder, and the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretationvalidity, applicability, enforceability, or formation effect and interpretation of this Agreementarbitration provision, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equitygoverned by the Federal Arbitration Act, 9 U.S.C.§ 1 et seq. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, In any arbitration hearing will be held in Delaware. You understand and agree that by entering into proceedings under this Agreement, each party is waiving the right to a jury trial shall pay all of its, his or a trial before a judge in a public court. Other rights that you would have if you went to courther own legal fees, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secretsincluding counsel fees, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out AAA filing fees and not arbitrator compensation shall be bound by these arbitration provisions by sending written notice of your decision to opt out paid pursuant to the following address AAA Commercial Arbitration Rules, 00 X. Xxxxxx Streetunless otherwise provided by law for a prevailing party. The parties agree that, Raleighnotwithstanding the foregoing, prior to the appointment of the arbitrator, nothing herein shall prevent any party from seeking preliminary or temporary injunctive relief against any other party in the federal or state courts of North Carolina. For the avoidance of doubt, 27601, within 30 days of the date of this Agreementany actions for permanent relief or monetary damages shall be settled by arbitration.

Arbitration. For any dispute with us, you agree to first contact us at xxxxx@xxxxxxxx.xxx and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute we have with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at xxx.xxxxxxx.xxx. The arbitration will be conducted in San Mateo, California, unless you and we agree otherwise. If you are using Finicast for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the parties do award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using Finicast for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not reach an agreed upon solution within a period absolve you of thirty (30) days from the time of the commencement of your commitment to engage in the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSprocess. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding judgment on the parties and award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youNOTHING IN THIS SECTION WILL BE DEEMED AS PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this AgreementMISAPPROPRIATION, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to courtOR VIOLATION OF OUR DATA SECURITY, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementINTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS.

Arbitration. If a dispute arises between Company and Executive concerning this Agreement, or in any way relating to Executive’s employment by the Company and/or the termination thereof, the disputed matter shall first be submitted to mandatory mediation, such mediation to be conducted in the City of San Francisco pursuant to the then-current rules of the Judicial Arbitration and Mediation Services (“JAMS”) by a mediator affiliated with JAMS, or by such other mediator as is mutually agreeable to the parties. If the parties do mediation does not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described abovesuccessfully resolve such dispute, then either party may initiate the dispute shall be submitted to mandatory, final, and binding arbitration by a single arbitrator before in the City of San Francisco, California in accordance with the employment arbitration rules of the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS(“AAA Rules”). Any arbitration claim must judgment upon the award rendered by the arbitrators may be brought within one (1) year of the claim arisingentered in any court having jurisdiction thereof. The arbitrator arbitrators shall have exclusive the authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to grant any claim equitable and legal remedies that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equityany judicial proceeding instituted to resolve the disputed matter. The arbitrator’s award arbitrators shall apply the law of the State of California in making any determination hereunder. Notwithstanding anything to the contrary which may now or hereafter be contained in the AAA Rules, the parties agree any such arbitration shall be writtenconducted before a panel of three arbitrators, and binding on who shall be compensated for their services at a rate to be determined by the American Arbitration Association in the event the parties and may be entered as a judgment in any court are not able to agree upon their rate of competent jurisdictioncompensation. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each Each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you shall have the right to opt out and not appoint one arbitrator (to be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, appointed within 30 twenty days of the date notice of this Agreementa dispute to be resolved by arbitration hereunder), and the two arbitrators so chosen shall mutually agree upon the selection of the third, impartial arbitrator. The majority decision of the arbitrators will be final and conclusive upon the parties hereto. The parties hereby acknowledge and agree that final and binding arbitration shall be the sole and exclusive means of resolving any such dispute, that they waive all rights to a civil court action, and that the dispute shall be fully and finally resolved by the arbitrators and shall not be resolved by a jury or a court.

Arbitration. If Any dispute between the parties do not reach an agreed upon solution hereto (except for any event of default or dispute regarding the payment of rent, for which Landlord shall be entitled to its remedies under Article 18 hereof and except for any dispute for which the Superior Court for the location in which the Premises are situated has jurisdiction by virtue of the California Code of Civil Procedure, Section 1161 et. seq [as the same may be recodified or amended from time to time]) shall be determined by arbitration. Whenever any such dispute arises between the parties hereto in connection with the Premises or this Lease and either party give written notice to the other that such dispute shall be determined by arbitration, then within a period of thirty (30) days from after the time giving of the commencement notice, both parties shall select and hire one member of the informal panel of Judicial Arbitration and Mediation Services, Inc. (“Judge”). The Judge shall be a retired judge experienced with commercial real property lease disputes in the County in which the Premises are located. As soon as reasonably possible, but no later than forty (40) days after the Judge is selected, the Judge shall meet with the parties at a location reasonably acceptable to Landlord, Tenant and the Judge. The Judge shall determine the matter within ten (10) days after any such meeting. Each party shall pay half the costs and expenses of the Judge. If Judicial Arbitration and Mediation Services, Inc. ceases to exist, and either party gives written notice to the other that a dispute resolution process described aboveshall be determined by arbitration, then, unless agreed otherwise in writing by the parties, all arbitrations hereunder shall be governed by California Code of Civil Procedure Sections 1280 through 1294.2, inclusive, as amended or recodified from time to time, to the extent they do not conflict with this Article. Within ten (10) days after delivery of such notice, each party shall select an arbitrator with at least five (5) years’ experience in commercial real property leases in the County in which the Premises are located and advise the other party of its selection in writing. The two arbitrators so named shall meet promptly and seek to reach a conclusion as to the matter to be determined, and their decision, rendered in writing and delivered to the parties hereto, shall be final and binding on the parties. If said arbitrators shall fail to reach a decision within ten (10) days after the appointment of the second arbitrator, said arbitrators shall name a third arbitrator within the succeeding period of five (5) days. Said three (3) arbitrators thereafter shall meet promptly for consideration of the matter to be determined and the decision of any two (2) of said arbitrators rendered in writing and delivered to the parties hereto shall be final and binding on the parties. If either party fails to appoint an arbitrator within the prescribed time, and/or if either party fails to appoint an arbitrator with the qualifications specified herein, and/or if any two arbitrators are unable to agree upon the appointment of a third arbitrator within the prescribed time, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules Superior Court of the County in which the Premises is located may, upon request Landlord’s Initials CZ Tenant’s Initials HZ of any party, appoint such arbitrators, as the sole means case may be, and the arbitrators as a group shall have the same power and authority to resolve claims subject render a final and binding decision as where the appointments are made pursuant to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year provisions of the claim arising. The arbitrator preceding paragraph.. All arbitrators shall have exclusive authority to resolve all be individuals with at least five (5) years’ experience negotiating or arbitrating disputes arising out of or relating to commercial real property leases in the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationCounty where the Premises are located. The arbitrator All determinations by arbitration hereunder shall be empowered to grant whatever relief would be available in a court under law or in equitybinding upon Landlord and Tenant. The arbitrator’s award shall be written, and binding on the parties and Any determination by arbitration hereunder may be entered as a judgment in any court of competent having jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreement.Landlord’s Initials CZ Tenant’s Initials HZ

Arbitration. If (a) Any claim or dispute arising under or relating to this Agreement, including disputes related to the validity, interpretation or enforcement of any provision this Agreement, shall be finally settled under the JAMS Comprehensive Arbitration Rules and Procedures by a panel of three arbitrators, unless the parties do not reach otherwise mutually agree to a panel of one arbitrator (the “Panel”). Should the parties agree to a panel of three arbitrators, Buyer and Seller shall each select one arbitrator to represent them, and such two arbitrators together shall select a third arbitrator for the proceedings. The place of arbitration shall be San Mateo, California. The arbitration shall be conducted in the English language. (b) The Panel shall render an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought award within one (1) year month from the date of the claim arisingappointment of the Panel, unless Buyer and Parent otherwise agree in writing or the Panel determines that an extension is necessary. The arbitrator arbitral award shall have exclusive authority be in writing, state the reasons for the award, and be final and binding upon, and non-appealable by, the parties to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement. To the extent as would be permitted under the JAMS Comprehensive Arbitration Rules and Procedures, the Panel shall be empowered to grant default and/or summary judgments. In addition to monetary damages, the Panel shall be empowered to award equitable relief, including, but not limited to, an injunction and specific performance of any obligation under this Agreement. Notwithstanding the foregoing, the parties agree that any of them may seek equitable relief, including, but not limited to, an injunction and specific performance of any obligation under this Agreement from any court of competent jurisdiction, but that the final resolution of any disputes will be settled solely by the Panel. (c) The parties agree that the arbitration shall be kept confidential and that the existence of the proceeding and any element of it (including but not limited to any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions, and any awards) shall not be disclosed beyond the Panel, the parties, their counsel and any Person necessary to the conduct of the proceeding, except as may be lawfully required in judicial proceedings relating to the arbitration or otherwise, or as required by the rules of any other quotation system or exchange on which the disclosing party’s securities are listed or applicable Law. (d) The parties agree not to assert (by way of motion, as a defense or otherwise), in any such dispute that any claim that all arising out of, relating to, or any part in connection with the interpretation or performance of this Agreement is void or voidable, or whether a claim is not subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law the jurisdiction of the Panel or in equity. The arbitrator’s award shall be written, and binding on the parties and that this Agreement may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound enforced by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementPanel.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal Any controversy, claim or dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement or the interpretationemployment relationship, applicabilityeither during the existence of the employment relationship or afterwards, enforceabilitybetween the parties hereto, their assignees, their affiliates, their attorneys, or formation agents, shall be settled by arbitration in Beverly Hills, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the California Arbitration Association (but the arbitration shall be in front of an arbitrator, with the following exceptions if in conflict: (a) one arbitrator shall be chosen by the Chairman of the Board of the Company; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator(s), together with other expenses of the arbitration incurred or approved by the arbitrator(s); and (c) arbitration may proceed in the absence of any party if written notice of the proceedings has been given to such party. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided, however, that nothing in this subsection shall be construed as precluding the Company from bringing an action for injunctive relief or other equitable relief or relief under the Confidential Information and Invention Assignment Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision award punitive damages, consequential damages, lost profits or speculative damages to opt out to either party. The parties shall keep confidential the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days existence of the date claim, controversy or disputes from third parties (other than the arbitrator), and the determination thereof, unless otherwise required by law or necessary for the business of this Agreementthe Company. The arbitrator(s) shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITIED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER XXXXXX INVOLVING THE PARTIES HERETO.

Arbitration. If Executive and DMGI agree that any unresolved dispute, controversy or claim arising out of, or relating to, this Agreement or any alleged breach hereof shall be settled exclusively by binding arbitration, provided, however, that DMGI retains its right to, and shall not be prohibited, limited or in any other way restricted from, seeking or obtaining equitable relief from a court having jurisdiction over the parties do not reach an agreed upon solution within a period parties. Any such arbitration proceedings shall be conducted in Sacramento, California, in accordance with the commercial arbitration rules of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as in effect at that time. The arbitrator(s) shall not have the sole means authority to resolve claims subject add to, detract from or modify any provision hereof nor to award punitive damages to any injured party. The arbitrator(s) shall have the terms set forth belowauthority to order back-pay, severance compensation, vesting of options or other restricted equity awards (or cash compensation in lieu of vesting), reimbursement of costs, including legal fees and other costs incurred to enforce this Agreement or to defend against charges brought hereunder, and interest thereon in the event the arbitrator(s) determines that DMGI has breached this Agreement. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYThe arbitrator(s) shall have the authority to order reimbursement of costs and any damages actually sustained by DMGI, AND NOT AS including legal fees and other costs incurred to enforce this Agreement or to defend against charges brought hereunder, and interest thereon in the event the arbitrator(s) determines that Executive has breached this Agreement. A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year decision by the arbitrator or a majority of the claim arising. The arbitrator shall have exclusive authority members of an arbitration panel (not to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator exceed three (3) arbitrators) shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be writtenfinal and binding, and binding on judgment upon the parties and determination or award rendered by the arbitrator(s) may be entered as a judgment in any court of competent having jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, The direct expense of any arbitration hearing will proceeding shall initially be held in Delaware. You understand and agree that borne by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secretsDMGI, but not privacy or publicity rightsthe arbitrator(s) or Confidential Information. Furthermore, you shall have the right authority to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to reallocate such cost among the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days parties upon conclusion of the date of this Agreementproceedings.

Arbitration. If Any dispute arising out of or in connection with, or relating to, this Agreement, or the parties do not reach an agreed upon solution breach, termination, or invalidity hereof, including claims of fraud in the inducement, shall be resolved as follows. In the event of a dispute between the Parties, either Party may initiate the dispute resolution procedures of this Section 13.3 by providing written notice (the “Notice of Claim”) to the other Party identifying the dispute and stating the desire to resolve the dispute. After receiving the Notice of Claim, respondent will respond in writing within [***] ([***]) calendar days by stating its position and setting forth a period of thirty (30) days from the time proposed resolution of the commencement dispute. If claimant and respondent are not able to resolve the dispute within [***] ([***]) calendar days after the date of such response, the informal matter in dispute resolution process described above, then either party may initiate binding shall be settled by arbitration administered by a single arbitrator before the American Arbitration Association using (the “AAA”) under its Commercial Arbitration Rules as Rules, and judgment on the sole means to resolve claims subject award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties hereby irrevocably and unconditionally submit to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year jurisdiction of the claim arisingAAA for the purposes of such proceeding, and any counterclaims that relate in any respect to this Agreement thereafter asserted by a Party to such proceedings. The arbitrator arbitral tribunal shall be comprised of three arbitrators with relevant expertise in the subject matter of the dispute. The arbitrators shall have exclusive authority the full authority, consistent with New York law, to resolve all disputes arising out of or relating to the interpretationconsider granting non-monetary relief, applicabilityincluding, enforceability, or formation of this Agreement, including but not limited to any claim that all to, rescission, termination, declaratory judgment, or any part form of equitable relief recognized under New York law. A Party may pursue both non-monetary and monetary relief without regard to election of remedies, but may not be granted inconsistent or duplicative remedies. The place of arbitration shall be [***]. The language to be used in the arbitral proceedings shall be English. The Parties agree that the losing Party shall bear the cost of the arbitration filing and hearing fees, the cost of the arbitrators and the AAA administrative expenses and the attorney’s fees and reasonable associated costs and expenses of each Party. The Parties agree to reasonable document discovery provided the requesting Party makes a showing of relevance and need to the tribunal. Notwithstanding the foregoing, either Party may seek an immediate injunction from a court of competent jurisdiction (i) to prevent the disclosure of Confidential Information in violation of Article 11; or (ii) to prevent an assignment of this Agreement is void or voidablein violation of Section 13.4. Notwithstanding the foregoing, or whether either Party may seek an immediate injunction from a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration jurisdiction to enforce the non-compete in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementArticle 3.

Arbitration. If Notwithstanding any other provision of this Guaranty to the contrary, any controversy or claim among the parties do not reach an agreed upon solution within a period relating in any way to any Guaranteed Obligations or this Guaranty, including any alleged tort, shall at the request of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either any party may initiate hereto be determined by binding arbitration by a single arbitrator before conducted in accordance with the United States Arbitration Act (Title 9 U.S. Code) (the “Act”). Arbitration proceedings will be determined in accordance with the Act, the then-current rules and procedures for the arbitration of financial services disputes of the American Arbitration Association using its Commercial Arbitration Rules (“AAA”), and the terms of this Section. In the event of any inconsistency, the terms of this Section shall control. If AAA is unwilling or unable to serve as the sole means provider of arbitration or to resolve claims enforce any provision of this Section, Agent may designate another arbitration organization with similar procedures to serve as the provider of arbitration. The arbitration proceedings shall be conducted in Los Angeles or Pasadena, California. The arbitration hearing shall commence within 90 days of the arbitration demand and close within 90 days thereafter. The arbitration award must be issued within 30 days after close of the hearing (subject to extension by the terms set forth belowarbitrator for up to 60 days upon a showing of good cause), and shall include a concise written statement of reasons for the award. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYThe arbitrator shall give effect to applicable statutes of limitation in determining any controversy or claim, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSand for these purposes, service on AAA under applicable AAA rules of a notice of claim is the equivalent of the filing of a lawsuit. Any arbitration dispute concerning this Section or whether a controversy or claim must is arbitrable shall be brought within one (1) year of determined by the claim arisingarbitrator. The arbitrator shall have exclusive authority the power to resolve all disputes arising out of or relating award legal fees to the interpretation, applicability, enforceability, or formation of extent provided by this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s Judgment upon an arbitration award shall be written, and binding on the parties and may be entered as a judgment in any court of competent having jurisdiction. You understand The institution and agree that unless you can demonstrate that arbitration in Delaware would create maintenance of an undue burden action for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving judicial relief or pursuant to a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. No controversy or claim shall be submitted to arbitration without the consent of all parties if, at the time of the proposed submission, such controversy or claim relates to an obligation secured by real estate, but if all parties do not consent to submission of such a jury trial controversy or claim to arbitration, it shall be determined as provided in the next sentence. At the request of any party, a trial before controversy or claim that is not submitted to arbitration as provided above shall be determined by judicial reference; and if such an election is made, the parties shall designate to the court a judge referee or referees selected under the auspices of the AAA in the same manner as arbitrators are selected in AAA sponsored proceedings and the presiding referee of the panel (or the referee if there is a public courtsingle referee) shall be an active attorney or retired judge; and judgment upon the award rendered by such referee or referees shall be entered in the court in which proceeding was commenced. Other rights that you would have if you went None of the foregoing provisions of this Section shall limit the right of Agent or Lenders to courtexercise self-help remedies, such as setoff, foreclosure or sale of any collateral or to obtain provisional or ancillary remedies from a court of competent jurisdiction before, after or during any arbitration proceeding. The exercise of a remedy does not waive the right of any party to appeal and resort to certain types of discoveryarbitration or reference. At Agent’s option, foreclosure against any real property security may be more limited accomplished either by exercise of power of sale thereunder or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementjudicial foreclosure.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject Notwithstanding anything to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYcontrary (including, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. without limitation, any other written agreement by and between you and any Ribbon Entity): i. Any arbitration controversy, dispute or claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement or the interpretationbreach hereof (a “Dispute”) which cannot be settled by mutual agreement will be finally settled by binding arbitration in the Commonwealth of Massachusetts, applicabilityunder the jurisdiction of the American Arbitration Association or other mutually agreeable alternative arbitration dispute resolution service, enforceabilitybefore a single arbitrator appointed in accordance with the arbitration rules of the American Arbitration Association or other selected service, or formation modified only as herein expressly provided. The arbitrator may enter a default decision against any party who fails to participate in the arbitration proceedings. ii. The decision of the arbitrator on the points in dispute will be final, non-appealable and binding, and judgment on the award may be entered in any court having jurisdiction thereof. iii. The fees and expenses of the arbitrator will be shared equally by the parties, and each party will bear the fees and expenses of its own attorney in connection with any Dispute; provided that, to the extent the arbitrator determines you have prevailed on at least one material issue involved in any Dispute commencing during the Change in Control Protection Period, the Company shall reimburse you for all reasonable attorneys’ fees in connection with such Dispute. iv. The parties agree that this Section 9(f) has been included to resolve any Disputes, and that this Section 9(f) will be grounds for dismissal of any court action commenced by either party with respect to this Agreement, including but other than post-arbitration actions seeking to enforce an arbitration award or actions seeking an injunction or temporary restraining order. In the event that any court determines that this arbitration procedure is not limited to any claim that all or any part of this Agreement is void or voidablebinding, or whether otherwise allows any litigation regarding a claim is subject Dispute to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be writtenproceed, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youhereto hereby waive, to the maximum extent allowed by law, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the all right to a trial by jury trial in or a trial before a judge in a public court. Other rights that you would have if you went with respect to courtsuch litigation. v. The parties will keep confidential, such and will not disclose to any person, except as the right to appeal and to certain types of discovery, may be more limited required by law or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, rules and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days regulations of the date Securities and Exchange Commission or other government agencies, the existence of this Agreementany controversy hereunder, the referral of any such controversy to arbitration or the status or resolution thereof.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal Any dispute resolution process described aboveor controversy between Company and Executive, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, the interpretation, applicability, enforceability, or formation breach of this Agreement, including but not limited to or otherwise, shall be settled by arbitration in San Diego, California administered by the American Arbitration Association in accordance with its National Rules for the Resolution of Employment Disputes then in effect and judgment on the award rendered by the arbitrator may be entered in any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationcourt having jurisdiction thereof. The arbitrator shall be empowered have the authority to grant whatever award any remedy or relief would be available in that a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdictionjurisdiction could order or grant, including, without limitation, the issuance of an injunction. You understand However, either party may, without inconsistency with this arbitration provision, apply to any court having jurisdiction over such dispute or controversy and agree that unless you can demonstrate that seek interim provisional, injunctive or other equitable relief until the arbitration award is rendered or the controversy is otherwise resolved. Except as necessary in Delaware would create court proceedings to enforce this arbitration provision or an undue burden for youaward rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hearing will hereunder without the prior written consent of Company and Executive. The Company shall pay all of the direct costs and expenses in any arbitration hereunder and the arbitrator’s fees and costs; provided, however, that the arbitrator shall have the discretion to award the prevailing party reimbursement of its, his or its reasonable attorney’s fees and costs; provided, however, that the prevailing party shall be held reimbursed for such fees, costs and expenses within forty-five (45) days following any such award, but in Delawareno event later than the last day of the Executive’s taxable year following the taxable year in which the fees, costs and expenses were incurred; provided, further, that the parties’ obligations pursuant to this sentence shall terminate on the tenth (10th) anniversary of the date of Executive’s termination of employment. You understand The Company and agree that by entering into this Agreement, each party is waiving the Executive hereby expressly waive their right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementtrial.

Arbitration. If 12.7.1 Disputes subject to mandatory or elective arbitration under the parties do not reach an agreed upon solution within a period provisions of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by this Agreement will be submitted to a single arbitrator before pursuant to the Commercial Arbitration Rules of the American Arbitration Association using its Commercial Arbitration Rules or pursuant to such other provider of arbitration services or rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationParties may agree. The arbitrator shall be empowered knowledgeable of telecommunications issues. Each arbitration will be held in Dallas, Texas (AT&T XXXXXXXXX XXXXXX 0-XXXXX); Xxxxxxx, Xxxxxxxx (AT&T MIDWEST REGION 5-STATE), San Francisco, California (AT&T CALIFORNIA); Reno, Nevada (AT&T NEVADA); or New Haven, Connecticut (AT&T CONNECTICUT), as appropriate, unless the Parties agree otherwise. The arbitration hearing will be requested to grant whatever relief would commence within sixty (60) calendar days of the demand for arbitration. The arbitrator will control the scheduling so as to process the matter expeditiously. The Parties may submit written briefs upon a schedule determined by the arbitrator. The Parties will request that the arbitrator rule on the dispute by issuing a written opinion within thirty (30) calendar days after the close of hearings. The Federal Arbitration Act, 9 U.S.C. Secs. 1-16, not state law, shall govern the arbitrability of all disputes. Notwithstanding any rule of the AAA Commercial Arbitration Rules to the contrary, the Parties agree that the arbitrator will have no authority to award punitive damages, exemplary damages, Consequential Damages, multiple damages, or any other damages not measured by the prevailing Party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. The times specified in this Section may be available in extended or shortened upon mutual agreement of the Parties or by the arbitrator upon a court under law or in equityshowing of good cause. Each Party will bear its own costs of these procedures, including attorneys’ fees. The Parties will equally split the fees of the arbitration and the arbitrator. The arbitrator’s award shall be written, final and binding on the parties and may be entered as a judgment in any court of competent jurisdictionhaving jurisdiction thereof. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that Judgment upon the award rendered by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, arbitrator may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action entered in state or federal any court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementhaving jurisdiction.

Arbitration. If any dispute between the parties do arising under this Agreement cannot reach an reasonably be resolved by the Parties through mutual negotiation, the Parties hereto agree that the claim or dispute including the arbitrability of the Agreement will be submitted to and decided by binding arbitration under the Commercial Rules of the American Arbitration Association, except to the extent that the Commercial Rules conflict with this provision, in which event, this Agreement shall control. This arbitration provision shall not limit the right of either Party prior to or during any such Dispute to seek, use, and employ ancillary, or preliminary rights and/or remedies, judicial or otherwise, for the purpose of maintaining the status quo until such time as the arbitration award is rendered or the Dispute is otherwise resolved. Within ten (10) calendar days of service of a Demand for Arbitration, the Parties shall agree upon a sole arbitrator, or if a sole arbitrator cannot be agreed upon solution within a period of thirty ten (3010) days from the time of the commencement of the informal dispute resolution process described abovecalendar days, then either party Party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means apply to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYany judge in any court of competent jurisdiction in city of Santa Cxxxx County, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year State of California for appointment of the claim arisingarbitrator. The arbitrator(s) shall have the authority only to award equitable relief and compensatory damages and shall not have the authority to award punitive damages or other non-compensatory damages. The arbitrator shall have exclusive authority the right to resolve all disputes arising out award costs including expenses and attorneys’ fee incurred in connection with these dispute resolution procedures and the fees, expenses and costs incurred by the arbitrator. The decision of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but arbitrator(s) shall be final and binding and may not limited be appealed. Any party may apply to any claim that all or any part court having jurisdiction to enforce the decision of the arbitrator(s) and to obtain a judgment thereon. All arbitration proceedings held pursuant to this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delawarecity of Sunnyvale, California. You understand The discovery provision of the California Rules of Civil Procedure in effect at the time of arbitration shall be deemed incorporated herein for the purpose of such arbitration proceedings. Either Party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (i) the arbitration agreement governing the other arbitration permits consolidation, (ii) the arbitrations to be consolidated substantially involve common questions of law or fact, and agree that by entering into this Agreement, each party is waiving (iii) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). This agreement to arbitrate waives any right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementjury.

Arbitration. If Except with respect to matters described in Sections 5.1(f) and 5.3(d), if a dispute arises between the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, interpretation or formation performance of this Agreement, including but not limited to with the exception of any claim for a temporary restraining order or preliminary or permanent injunctive relief to enjoin any breach or threatened breach hereof, such dispute shall be settled by a panel of three arbitrators with such arbitration to be held in New York, New York, before JAMS/ENDDISPUTE or its successor and pursuant to the JAMS Comprehensive Arbitration Rules and Procedures in effect at that all or time, and judgment upon the award rendered by the arbitrators may be entered in any part court having jurisdiction thereof. All arbitrators must be knowledgeable in the subject matter at issue in the dispute. The arbitrators shall make their decision in accordance with the terms of this Agreement and applicable Law. Each party shall initially bear its own costs and legal fees associated with such arbitration and Buyer and Seller shall initially split the cost of the arbitrators, but the prevailing party in any such arbitration (not including, however, a party involved in an arbitration initiated under Section 6.3(d) unless the other party’s position is void or voidabledetermined by the arbitrators to have been unreasonable), or whether a claim is subject shall be entitled to recover from the other party the reasonable attorneys’ fees, costs and expenses incurred by such prevailing party in connection with such arbitration. The arbitrator decision of the arbitrators shall be final, provided, however, that if either party is dissatisfied with the a decision of less than a unanimous decision of the panel of arbitrators, such dissatisfied party may appeal the final award in accordance with JAMS’ Optional Arbitration Appeal Procedures. The final award from either a unanimous arbitration panel or the JAMS’ Appeal Procedures may be sued on or enforced by the party in whose favor it runs in any court of competent jurisdiction at the option of the successful party. The rights and obligations of the parties to arbitrate any dispute relating to the interpretation or performance of this Agreement or the grounds for the termination thereof, shall survive the expiration or termination of this Agreement for any reason. The arbitrators shall be empowered to grant whatever award specific performance, injunctive relief would and other equitable remedies as well as damages, but shall not be available in a court under law empowered to award punitive or in equityexemplary damages or award any damages. The arbitrator’s final award shall be written, and binding on the parties and may be entered as a judgment enforceable in any court accordance with the New York Convention on the Recognition and Enforcement of competent jurisdictionArbitral Awards (9 U.S.C. Section 1, et. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementseq.).

Arbitration. If Any dispute arising out of or in connection with, or relating to, this Agreement, or the parties do not reach an agreed upon solution breach, termination, or invalidity hereof, including claims of fraud in the inducement, shall be resolved as follows. In the event of a dispute between the Parties, either Party may initiate the dispute resolution procedures of this Section 9.4 by providing written notice (the “Notice of Claim”) to the other Party identifying the dispute and stating the desire to resolve the dispute. After receiving the Notice of Claim, respondent will respond in writing within [***] ([***]) calendar days by stating its position and setting forth a period of thirty (30) days from the time proposed resolution of the commencement dispute. If claimant and respondent are not able to resolve the dispute within [***] ([***]) calendar days after the date of such response, the informal matter in dispute resolution process described above, then either party may initiate binding shall be settled by arbitration administered by a single arbitrator before the American Arbitration Association using (the “AAA”) under its Commercial Arbitration Rules as Rules, and judgment on the sole means to resolve claims subject award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties hereby irrevocably and unconditionally submit to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year jurisdiction of the claim arisingAAA for the purposes of such proceeding, and any counterclaims that relate in any respect to this Agreement thereafter asserted by a Party to such proceedings. The arbitrator arbitral tribunal shall be comprised of three arbitrators with relevant expertise in the subject matter of the dispute. The arbitrators shall have exclusive authority the full authority, consistent with New York law, to resolve all disputes arising out of or relating to the interpretationconsider granting non-monetary relief, applicabilityincluding, enforceability, or formation of this Agreement, including but not limited to any claim that all to, rescission, termination, declaratory judgment, or any part form of this Agreement is void equitable relief recognized under New York law. A Party may pursue both non-monetary and monetary relief without regard to election of remedies, but may not be granted inconsistent or voidable, or whether a claim is subject to arbitrationduplicative remedies. The arbitrator place of arbitration shall be empowered to grant whatever relief would be available in a court under law or in equity[***]. The arbitrator’s award language to be used in the arbitral proceedings shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdictionEnglish. You understand and The Parties agree that unless you can demonstrate that the losing Party shall bear the cost of the arbitration in Delaware would create an undue burden for youfiling and hearing fees, any arbitration hearing will be held in Delawarethe cost of the arbitrators and the AAA administrative expenses and the attorney’s fees and reasonable associated costs and expenses of each Party. You understand The Parties agree to reasonable document discovery provided the requesting Party makes a showing of relevance and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out need to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementtribunal.

Arbitration. If Any dispute, claim or controversy arising from, relating to, or in connection with this Release, including without limitation any question regarding its existence, validity, termination, or the parties do not reach an agreed upon solution within a period performance or breach thereof, shall be referred to and finally resolved and settled by arbitration administered by International Chamber of thirty Commerce International Court of Arbitration (30) days from the “ICC”), in accordance with ICC Rules of Arbitration in effect at the time of the commencement arbitration, which rules are deemed to be incorporated by reference into this clause except as they may be modified herein or by agreement of the informal dispute resolution process described aboveParties. Each Party hereby irrevocably waives its right to commence any proceedings in any court with respect to any matter subject to arbitration under this Release. The arbitral tribunal shall consist of three arbitrators. Each Party shall nominate one arbitrator, then the Party requesting arbitration concurrently with such request and the other Party within fifteen (15) calendar days from receipt of the request for arbitration. In the event a Party fails to nominate an arbitrator or deliver notification of such nomination to the other Party and to the ICC within this time period, upon request of either Party, such arbitrator shall instead be appointed by the ICC within fifteen (15) calendar days receiving such request in accordance with the Rules of Arbitration. The two arbitrators appointed in accordance with the above provisions shall nominate the third arbitrator and notify the Parties and the ICC in writing of such nomination within fifteen (15) calendar days of their appointment. If the first two appointed arbitrators fail to nominate a third arbitrator or notify the Parties and the ICC of that nomination within this time period, then, upon request of either Party, the third arbitrator shall be appointed by the ICC within fifteen (15) calendar days of receiving such request in accordance with the Rules of Arbitration. The third arbitrator shall serve as Chairman of the arbitral tribunal. The place of arbitration shall be Paris, France. The language of the arbitration shall be English. No arbitrator shall be an employee, officer or director of either Party or of their respective affiliates, nor shall any Arbitrator have any interest that would be affected in any material respect by the outcome of the dispute. The decision of a majority of the arbitrators shall be final and binding on the Parties and their respective successors and assigns and the Parties waive any form of challenge against it. The arbitral tribunal shall determine the proportions in which the Parties shall pay the fees and expenses of the arbitral tribunal. The arbitral tribunal shall not have the authority to award punitive damages. The Parties hereby agree that the arbitral tribunal shall have the power to award equitable remedies (including specific performance). The Parties agree that either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year seek conservatory or similar emergency interim relief in aid of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreementarbitration, including but not limited to any claim that all a temporary restraining order or any part preliminary injunction or attachment in aid of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties arbitration and may be entered as a judgment do so in any court of competent jurisdictionjurisdiction located in the State of New York at any time prior to the constitution of the panel and the parties hereby consent to the jurisdiction of any such court. You understand and agree that unless you can demonstrate that If such emergency or interim relief is sought after the constitution of the arbitration panel, such relief may be sought only before the arbitral tribunal and, after the constitution of the arbitration panel, each party waives any rights they might possess to have those matters litigated in Delaware would create an undue burden for you, any a court or jury trial. Each Party’s agreement to this arbitration hearing will be held in Delawareis voluntary. You understand and agree that by entering into For the purposes of this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to courtSellers, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarkson one hand, and trade secretsthe Purchaser, but not privacy or publicity rights) or Confidential Information. Furthermoreon the other hand, you have the right to opt out and not shall each be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address considered as a single Party, 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementrespectively.

Arbitration. If Should the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means mediator be unable to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYDispute, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1other than those issues excluded from this Section 12.13 in Section 12.13(a) year of the claim arising. The arbitrator shall have exclusive authority to resolve above) all disputes Disputes arising out of or relating to the interpretationvalidity, applicability, enforceability, enforceability or formation performance of this Agreement, including but or the breach or termination thereof, shall be settled by final and binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association as hereinafter provided: (i) The arbitration shall be conducted by a panel of three arbitrators ("the Panel"). Each party shall nominate in the request for arbitration and the answer thereto one arbitrator and the two arbitrators so named will then jointly appoint the third arbitrator as chairman of the Panel. If one Party fails to nominate its arbitrator or, if the Parties' arbitrators cannot limited agree on the person to any claim that all be named as chairman within thirty (30) days, the President of the American Arbitration Association shall make the necessary appointments for arbitrator or any part chairman. GENENTECH CONFIDENTIAL (ii) The place of this Agreement is void or voidablearbitration shall be in San Francisco, or whether a claim is subject to arbitrationCalifornia and the arbitration proceedings shall be held in English. The arbitrator procedural law of California shall apply where the said Arbitration Rules are silent. (iii) The Panel is empowered to award any remedy allowed by law, including money damages, prejudgment interest and attorneys' fees, and to grant final, complete, interim or interlocutory relief, including injunctive relief, but excluding punitive damages and multiple damages. For purposes of all arbitration proceedings, the Parties shall be empowered deemed to grant whatever relief would be available in a court under law have waived any right to such punitive damages or in equitymultiple damages. The arbitrator’s decision of the arbitration tribunal must be in writing and must specify the basis on which the decision was made, and the award of the arbitration tribunal shall be written, final and binding on the parties and judgement upon such an award may be entered as a judgment in any competent court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, application may be more limited or may also be waived. Notwithstanding the parties’ decision made to resolve all disputes through arbitration, either party may bring any competent court for judicial acceptance of such an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, award and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice order of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementenforcement.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party Either Party may initiate binding arbitration with respect to the matters first submitted to mediation in accordance with Section 10.02 by providing Notice of a single demand for binding arbitration before a single, neutral arbitrator before (the American Arbitration Association using its Commercial Arbitration Rules “Arbitrator”) at any time following the unsuccessful conclusion of the mediation provided for in Section 10.02. The Parties will cooperate with one another in selecting the Arbitrator within 60 days after Notice of the demand for arbitration and will further cooperate in scheduling the arbitration to commence no later than 180 days from the date of Notice of the demand. If the Parties are unable to agree upon a mutually acceptable Arbitrator, the Arbitrator will be appointed as provided for in California Code of Civil Procedure Section 1281.6. To be qualified as an Arbitrator, each candidate must be a retired judge of a trial court of any state or federal court, or retired justice of any appellate or supreme court. Unless otherwise agreed to by the Parties, the individual acting as the sole means to resolve claims subject to Mediator will be disqualified from serving as the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYArbitrator in the dispute, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must although the Arbitrator may be brought within one (1) year another member of the claim arisingJAMS panel of neutrals or such other panel of neutrals from which the Parties have agreed to select the Mediator. The arbitrator shall have exclusive authority Upon Notice of a Party’s demand for binding arbitration, such Dispute submitted to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreementarbitration, including but not limited to any claim that all the determination of the scope or any part applicability of this Agreement is void or voidableto arbitrate, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held determined by binding arbitration before the Arbitrator, in Delawareaccordance with the laws of the State of California, without regard to principles of conflicts of laws. You understand Except as provided for in this Section 10.03, the arbitration will be conducted by the Arbitrator in accordance with the rules and agree that by entering into this Agreementprocedures for arbitration of complex business disputes for the organization with which the Arbitrator is associated. Absent the existence of such rules and procedures, each party is waiving the right to a jury trial or a trial before a judge arbitration will be conducted in a public courtaccordance with the California Arbitration Act, California Code of Civil Procedure Section 1280 et seq. Other rights that you would have if you went to courtand California procedural law (including the Code of Civil Procedure, such as the right to appeal Civil Code, Evidence Code and to certain types Rules of discoveryCourt, may be more limited or may also be waivedbut excluding local rules). Notwithstanding the parties’ decision rules and procedures that would otherwise apply to resolve all disputes through the arbitration, either party may bring an action and unless the Parties agree to a different arrangement, the place of the arbitration will be in state or federal court to protect its intellectual property rights (meaning patents[ ], copyrights, moral rights, trademarksCalifornia, and trade secretsdiscovery will be limited as follows: (a) Before discovery commences, but not privacy the Parties shall exchange an initial disclosure of all documents and percipient witnesses which they intend to rely upon or publicity rightsuse at any arbitration proceeding (except for documents and witnesses to be used solely for impeachment); (b) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, The initial disclosure will occur within 30 days after the initial conference with the Arbitrator or at such time as the Arbitrator may order; (c) Discovery may commence at any time after the Parties’ initial disclosure; (d) The Parties will not be permitted to propound any interrogatories or requests for admissions; (e) Discovery will be limited to 25 document requests (with no subparts), three lay witness depositions, and three expert witness depositions (unless the Arbitrator holds otherwise following a showing by the Party seeking the additional documents or depositions that the documents or depositions are critical for a fair resolution of the date Dispute or that a Party has improperly withheld documents); (f) Each Party is allowed a maximum of this Agreement.three expert witnesses, excluding rebuttal experts; (g) Within 60 days after the initial disclosure, or at such other time as the Arbitrator may order, the Parties shall exchange a list of all experts upon which they intend to rely at the arbitration proceeding; (h) Within 30 days after the initial expert disclosure, the Parties may designate a maximum of two rebuttal experts; (i) Unless the Parties agree otherwise, all direct testimony will be in form of affidavits or declarations under penalty of xxxxxxx; and

Arbitration. (a) If the parties do not reach an agreed upon solution within are unable to resolve any dispute or claim relating directly or indirectly to this agreement or any dispute or claim between the Employee and the Company or its officers, directors, agents, or employees (a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above“Dispute”), then either party may initiate require the matter to be settled by final and binding arbitration by sending written notice of such election to the other party clearly marked “Arbitration Demand.” Thereupon such Dispute shall be arbitrated in accordance with the terms and conditions of this Section 16. Notwithstanding the foregoing, either party may apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm or to enforce the terms of the Confidentiality Agreement. (b) The Dispute shall be resolved by a single arbitrator before in an arbitration administered by the American Arbitration Association using in accordance with its Commercial Employment Arbitration Rules as and judgment upon the sole means to resolve claims subject to award rendered by the terms set forth belowarbitrator may be entered in any court having jurisdiction thereof. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year The decision of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, final and binding on the parties parties, and specific performance giving effect to the decision of the arbitrator may be entered as a judgment in ordered by any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration . (c) Nothing contained herein shall operate to prevent either party from asserting counterclaim(s) in Delaware would create an undue burden for you, any arbitration hearing will be held commenced in Delaware. You understand and agree that by entering into accordance with this Agreement, each and any such party need not comply with the procedural provisions of this Section 16 in order to assert such counterclaim(s). (d) The arbitration shall be filed with the office of the American Arbitration Association (“AAA”) located in New York or such other AAA office as the parties may agree upon (without any obligation to so agree). The arbitration shall be conducted pursuant to the Employment Arbitration Rules of the AAA as in effect at the time of the arbitration hearing, such arbitration to be completed in a sixty (60)-day period. In addition, the following rules and procedures shall apply to the arbitration: (e) The arbitrator shall have the sole authority to decide whether or not any Dispute between the parties is waiving arbitrable and whether the party presenting the issues to be arbitrated has satisfied the conditions precedent to such party’s right to a jury trial or a trial before a judge commence arbitration as required by this Section 16. (f) The decision of the arbitrator, which shall be in a public writing and state the findings, the facts and conclusions of law upon which the decision is based, shall be final and binding upon the parties, who shall forthwith comply after receipt thereof. Judgment upon the award rendered by the arbitrator may be entered by any competent court. Other rights that you would have if you went Each party submits itself to the jurisdiction of any such court, such but only for the entry and enforcement to judgment with respect to the decision of the arbitrator hereunder. (g) The arbitrator shall have the power to grant all legal and equitable remedies (including, without limitation, specific performance) and award compensatory and punitive damages if authorized by applicable law. (h) Except as otherwise provided in Section 12 or by law, the right parties shall bear their own costs in preparing for and participating in the resolution of any Dispute pursuant to appeal this Section 16, and to certain types the costs of discovery, may the arbitrator(s) shall be more limited or may also be waived. Notwithstanding equally divided between the parties’ decision . (i) Except as provided in the last sentence of Section 16(a), the provisions of this Section 16 shall be a complete defense to resolve all disputes through arbitrationany suit, either party may bring an action or proceeding instituted in any federal, state or federal local court or before any administrative tribunal with respect to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Informationany Dispute arising in connection with this Agreement. Furthermore, you have Any party commencing a lawsuit in violation of this Section 16 shall pay the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days costs of the date of this Agreementother party, including, without limitation, reasonable attorney’s fees and defense costs.

Arbitration. If Other than Holdco’s or any Controlled Affiliate’s right to seek injunctive relief or specific performance as provided in this Agreement, any dispute, controversy, or claim between Employee, on the parties do not reach an agreed upon solution within a period of thirty (30) days from one hand, and the time of Employer, on the commencement of the informal dispute resolution process described aboveother hand, then either party may initiate arising out of, under, pursuant to, or in any way relating to this Agreement shall be submitted to and resolved by confidential and binding arbitration (“Arbitration”), administered by a single arbitrator before the American Arbitration Association using its Commercial (“AAA”) and conducted pursuant to the rules then in effect of the AAA governing commercial disputes. The Arbitration Rules as hearing shall take place in Fairfax, Virginia. Such Arbitration shall be before three neutral arbitrators (the sole means “Panel”) licensed to resolve claims practice law and familiar with commercial disputes. Any award rendered in any Arbitration shall be final and conclusive upon the parties to the Arbitration and not subject to judicial review, and the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must judgment thereon may be brought within one (1) year entered in the highest court of the claim arisingforum (state or federal) having jurisdiction over the issues addressed in the Arbitration, but entry of such judgment will not be required to make such award effective. The arbitrator Panel may enter a default decision against any party who fails to participate in the Arbitration. The prevailing party in such Arbitration will be entitled to recover all reasonable attorneys’ fees, costs and expenses incurred by the prevailing party in such Arbitration as a result of or in connection with such Arbitration. For the avoidance of doubt, all attorneys’ fees, costs and expenses include, but are not limited to, responding to or addressing any pleadings, motions and correspondence, all preliminary or interim hearings, the final Arbitration hearings, and all efforts by the prevailing party to confirm and enforce the final Arbitration award, through and including the ultimate collection of monies from the non-prevailing party by the prevailing party through any legal means. Notwithstanding any other provision of this Agreement, no party shall be entitled to an award of special, punitive, or consequential damages. To submit a matter to Arbitration, the party seeking redress shall notify in writing, in accordance with Section 9(f) of this Agreement, the party against whom such redress is sought, describe the nature of such claim, the provision of this Agreement that has been allegedly violated and the material facts surrounding such claim. The Panel shall render a single written, reasoned decision. The decision of the Panel shall be binding upon the parties to the Arbitration, and after the completion of such Arbitration. The Panel shall have exclusive authority to resolve all disputes arising out of or any dispute relating to the interpretation, applicability, enforceability, enforceability or formation of this Agreementagreement to arbitrate, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a voidable and any claim that an issue is not subject to arbitration. The arbitrator All proceedings conducted pursuant to this Agreement to arbitrate, including any order, decision or award of the arbitrator, shall be empowered kept confidential by all parties except to grant whatever relief would be available the extent such disclosure is required by law, any federal or state regulatory authorities or self-regulatory authorities, including, without limitation, FINRA, or in a court proceeding to enforce any rights under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreement.

Arbitration. If Any dispute with respect to this Agreement which absent, fraud or a misrepresentation of a material fact, cannot be made acceptable to the parties do not reach by an agreed upon solution within a period of thirty (30) days from the time adjustment of the commencement Terms of the informal dispute resolution process described abovethis Agreement shall be resolved by mediation and, if mediation is not successful, then either party may initiate binding by arbitration as provided herein. The parties agree first to endeavor to settle the dispute in an amicable manner by a single arbitrator before mediation administered by the American Arbitration Association using its (the “AAA”) or such other mediation service as is mutually agreeable to the parties to the dispute under either the AAA’s Commercial Mediation Rules or such other commercial mediation rules as is mutually agreeable to the parties to the dispute. The mediation shall take place in San Diego, California, with representatives of the parties present with full authority to negotiate a settlement. The parties must participate in the Mediation process with a neutral mediator for at least ten hours over at least two days prior to commencement of any arbitration. If a party to the dispute refuses to participate in the mediation, the party demanding mediation may either compel mediation by seeking an appropriate order from a court of competent jurisdiction or proceed immediately to arbitration. Thereafter, any unresolved dispute shall be settled by arbitration administered by the AAA or such other arbitration service as is mutually agreeable to the parties to the dispute in accordance with the AAA’s Commercial Arbitration Rules or such other commercial arbitration rules as the sole means to resolve claims subject is mutually agreeable to the terms set forth belowparties to the dispute. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYJudgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSand the resolution of the disputed matter as determined by the arbitrator(s) shall be binding on the parties. Any such mediation or arbitration claim must shall be brought within one (1) year of the claim arisingconducted in San Diego, California applying California law. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretationAny party may, applicability, enforceability, or formation of without inconsistency with this Agreement, including but not limited seek from a court any interim or provisional relief that may be necessary to any claim protect the rights or property of that all or any part party pending the establishment of this Agreement is void or voidablethe arbitral tribunal, or whether a claim is subject to arbitrationpending the arbitral tribunal’s determination of the merits of the controversy. The arbitrator arbitrator(s) may award costs and fees to the prevailing party if, in his/her (their) discretion, the non-prevailing party did not prosecute the arbitration or settlement of the dispute in good faith. “Costs and fees” for this purpose shall mean reasonable pre-award expenses of the arbitration, including fees for the arbitrator(s), administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees and attorneys’ fees. Except as otherwise awarded by the arbitrator(s), all costs and fees shall be empowered to grant whatever relief would be available in a court under law or in equityborne by the party incurring such costs and fees. The arbitrator’s award shall be written, in writing and binding on shall be signed by the parties arbitrator(s) and may be entered as shall include a judgment in statement regarding the disposition of any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementstatutory claim.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal Any controversy, claim or dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but shall be settled solely and exclusively by binding arbitration in Orange County, California, to be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute ("JAMS"), with the following exceptions if in conflict: (a) an arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS' rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not limited have the right to any claim that all award punitive damages or any part of speculative damages to either party and shall not have the power to amend this Agreement is void or voidable, or whether a claim is subject to arbitrationAgreement. The arbitrator shall be empowered required to grant whatever relief would be available in a court under law or in equityfollow applicable law. The arbitrator’s award shall be writtenIF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youTHEN EACH PARTY, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this AgreementTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to courtHEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, such as the right to appeal and to certain types of discoveryPROCEEDING, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementOR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.

Arbitration. If the The parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority attempt to resolve all disputes between the parties arising out of or relating to this Agreement amicably through good faith discussions upon the written request of any party. In the event that any such dispute cannot be resolved thereby within a period of fourteen (14) days after such notice has been given (the last day of such fourteen (14) day period being herein referred to as the “Arbitration Date”), such dispute, controversy or claim arising out of or relating to this Agreement or to a breach thereof, including its interpretation, applicabilityperformance or termination, enforceabilityshall be finally resolved by arbitration in Los Angeles, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one or formation more commercial arbitrator(s) with substantial experience in resolving complex commercial contract disputes, selected from the appropriate list of this AgreementJAMS arbitrators, including but unless mutually agreed otherwise by the Parties. If the parties cannot limited to any claim that all or any part agree upon the number and identity of this Agreement is void or voidablethe arbitrators within fifteen (15) days following the Arbitration Date, or whether then a claim is subject to arbitration. The single arbitrator shall be empowered selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator(s) shall have the authority to grant whatever relief would specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator(s) may determine. The prevailing party in the arbitration shall receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be available entered in a court under law having jurisdiction or in equity. The arbitrator’s award shall be written, and binding on the parties and application may be entered made to such court for judicial acceptance of any award and an order of enforcement, as a judgment in any court of competent jurisdictionthe case may be. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this AgreementNotwithstanding the foregoing, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you shall have the right to opt out and not be bound by these arbitration provisions by sending written notice institute an action in a court of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementproper jurisdiction for injunctive or other equitable relief.

Arbitration. The Parties shall first attempt to settle any Claim by agreement. If the parties do not reach an agreed upon solution Parties are unable to settle any such Claim within a period reasonable time period, said Claim is to be arbitrated in accordance with the terms of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject this Section 12. Subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYforegoing, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration any claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes or controversy arising out of or relating related to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited the issue of arbitrability of any such Claim, shall be resolved solely and completely by mandatory, final, binding, and non-appealable arbitration, conducted in Los Angeles, California by IFTA, pursuant to its then-effective rules. Reasonable discovery will be allowed in the arbitration, consistent with both the facts of the alleged dispute and the procedural rules of the tribunal. The costs of the arbitration including, among other things, any claim that all or any part administration fee, the arbitrator’s fee, and costs for the use of this Agreement is void or voidablefacilities during the hearings, or whether a claim is subject shall be borne equally by the Parties to the arbitration. The arbitrator shall be empowered not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant whatever relief would be any remedy which is either prohibited by the terms of this Agreement, or not available in a court under law of law. Nothing contained herein, however, shall limit the ability of either Party to pursue interim equitable relief (e.g., a temporary restraining order or in equitypreliminary injunction) prior to the start of the arbitration. The arbitrator’s award shall be written, and binding A judgment on the parties and award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdictionhaving jurisdiction thereover. You understand and The Parties further agree that unless you can demonstrate that venue and jurisdiction over any litigation, motion to compel arbitration in Delaware would create or to confirm an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving award shall lie exclusively with the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in courts (state or federal court to protect its intellectual property rights (meaning patentsfederal) located in and having jurisdiction over Los Angeles County, copyrights, moral rights, trademarksCalifornia, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out hereby submit to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days jurisdiction thereof. Each of the date Parties hereto irrevocably consents to the service of any process, pleading, notices or other papers in any action arising out of or related to this AgreementAgreement by the mailing of copies thereof by registered or certified mail, postage prepaid, to such Party at such Party’s address set forth herein, or by any other method provided or permitted under California law. In the event of any such proceedings, the prevailing Party shall be entitled to an award of reasonable out-of- pocket attorneys’ fees and costs.

Arbitration. If The parties hereby agree to submit all controversies, claims and matters in dispute in respect of this Agreement to arbitration in Wilmington, Delaware, according to the parties do not reach an agreed upon solution within a period commercial arbitration rules of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial from time to time in force. This submission and agreement to arbitrate shall be specifically enforceable. The parties may agree on a retired judge as sole arbitrator. In the absence of such agreement, there shall be three arbitrators, selected in accordance with the commercial arbitration rules of the American Arbitration Rules Association: one attorney and/or retired judge, one expert in real estate investment; and one certified public accountant. A decision agreed on by two of the arbitrators shall be the decision of the arbitration panel; PROVIDED, HOWEVER, that in the case of monetary damages, if there is not agreement of two arbitrators as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year amount of the claim arising. The arbitrator award, then the average of the two amounts that are closest to each other shall have exclusive authority to resolve all disputes arising out be the final award of or relating to the interpretation, applicability, enforceability, or formation arbitration panel for the purpose of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator arbitration panel may elect to specifically enforce this Agreement. The parties agree to abide by all awards rendered in such proceedings. Any award shall include costs and reasonable attorneys' fees to the successful party. Such awards shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, final and binding on the parties and all parties. There shall be no appeal therefrom other than for fraud or willful misconduct. All awards may be entered filed with the clerk of one or more courts, State or Federal, having jurisdiction over the party against whom such an award is rendered or its property as a basis of judgment and of the issuance of execution for its collection. Nothing in any court this Agreement and/or the exhibits hereto shall be deemed to prevent the arbitration panel from exercising authority to permit the exercise by a party of competent jurisdictionits legal and/or equitable remedies including right of offset and specific performance. You understand and The parties agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youthis Section shall be valid, any arbitration hearing will be held in Delaware. You understand binding and agree that by entering into this Agreement, each party is waiving enforceable and shall survive the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date termination of this Agreement.

Arbitration. If Any dispute that is not settled through mediation as provided in Paragraph B above will be resolved by arbitration in Tampa, Florida, governed by the parties do not reach an agreed upon solution within a period of thirty (30) days from Federal Arbitration Act, 9 U.S.C. Section 1 et seq., and administered by the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using AAA under its Commercial Arbitration Rules as in effect on the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year date of the claim arisingDispute Notice, as modified by the provisions of this Section C, by a single arbitrator. The arbitrator shall have exclusive authority selected, in order to resolve all disputes arising out be eligible to serve, will be a lawyer with at least 15 years experience specializing in business matters. In the event the parties cannot agree on a mutually acceptable single arbitrator from the list submitted by the AAA, the AAA will appoint the arbitrator who will meet the foregoing criteria. The arbitrator will base the award on applicable law and judicial precedent and, unless both parties agree otherwise, will include in such award the findings of fact and conclusions of law upon which the award is based. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing or relating anything in the Transaction Agreements to the interpretationcontrary: A. Upon the application by either party to a court for an order confirming, applicabilitymodifying or vacating the award, enforceabilitythe court will have the power to review whether, as a matter of law based on the findings of fact determined by the arbitrator, the award should be confirmed, modified or formation vacated in order to correct any errors of this Agreementlaw made by the arbitrator. In order to effectuate such judicial review limited to issues of law, the parties agree (and will stipulate to the court) that the findings of fact made by the arbitrator will be final and binding on the parties and will serve as the facts to be submitted to and relied on by the court in determining the extent to which the award should be confirmed, modified or vacated; and B. Either party will have the right to apply to any court for an order to specifically enforce their rights under the Agreement and the other Transaction Agreements, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject party's obligation to arbitration. The arbitrator shall be empowered to grant whatever relief would be available close the transaction and the confidentiality provisions contained in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreement.

Arbitration. If the parties do not reach an agreed upon solution within (a) Any claim, dispute or other controversy (a period of thirty (30“Controversy”) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate relating to this Agreement shall be settled and resolved by binding arbitration by in Santa Xxxxx County, California before a single arbitrator before under the Employment Rules of the American Arbitration Association using its Commercial Arbitration Rules as (“AAA”) in effect at the sole means to resolve claims subject to time a demand for arbitration is made. If there is any conflict between the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYAAA rules and this arbitration clause, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any this arbitration claim must be brought within one (1) year clause will govern and determine the rights of the claim arisingparties. The Parties to this Agreement (the “Parties”) shall be entitled to full discovery regarding the Controversy as permitted by the California Code of Civil Procedure. The arbitrator’s decision on the Controversy shall be a final and binding determination of the Controversy and shall be fully enforceable as an arbitration award in any court having jurisdiction and venue over the Parties. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to also award the interpretationprevailing Party any reasonable attorneys’ fees and reasonable expenses the prevailing Party incurs in connection with the arbitration, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationand the non-prevailing Party shall pay the arbitrator’s fees and expenses. The arbitrator shall determine who is the prevailing Party. Each Party also agrees to accept service of process for all arbitration proceedings in accordance with AAA’s rules. (b) The obligation to arbitrate shall not be empowered binding upon either party with respect to grant whatever relief would be available requests for temporary restraining orders, preliminary injunctions or other procedures in a court under law of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or in equity. prevent irreparable injury pending resolution by arbitration of the actual dispute between the Parties. (c) The arbitrator’s award provisions of this Section shall be writtenconstrued as independent of any other covenant or provision of this Agreement; provided that, if a court of competent jurisdiction determines that any such provisions are unlawful in any way, such court shall modify or interpret such provisions to the minimum extent necessary to have them comply with the law. (d) This arbitration provision shall be deemed to be self-executing and binding on shall remain in full force and effect after expiration or termination of this Agreement. In the parties and event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that against such party by entering into this Agreement, each party is waiving the right default or otherwise notwithstanding said failure to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementappear.

Arbitration. If All claims, counterclaims, disputes and other matters in question between the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes Parties hereto arising out of or relating to this Agreement or the interpretation, applicability, enforceability, or formation of breach hereof may be decided by arbitration upon the mutual agreement to do so by the Parties to this Agreement. In that case, including but not limited to any claim that all or any part of this Agreement arbitration will be administered by the Judicial Arbiter Group in Denver, Colorado under its arbitration rules, by a single arbitrator, unless a different arbitrator is void or voidable, or whether a claim is subject to arbitrationagreed upon by the Parties. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding Judgment on the parties and award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction thereof. THE PARTIES RECOGNIZE THAT BY AGREEING TO BINDING ARBITRATION AS THE METHOD FOR DISPUTE RESOLUTION, THEY RELINQUISH THE RIGHT TO BRING AN ACTION IN COURT AND WAIVE THE RIGHT TO A JURY TRIAL AND THE EXTENSIVE DISCOVERY RIGHTS TYPICALLY PERMITTED IN JUDICIAL PROCEEDINGS. Colorado law shall apply to any dispute, without regard to conflict of competent jurisdictionlaw principles that would result in the application of any law other than the law of the State of Colorado. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing Each Party will be held responsible for paying one half of all fees and expenses charged by the arbitrator. Notice of request for arbitration must be filed in Delaware. You understand and agree that by entering into writing with the other Party(ies) to this Agreement. If agreed to, notice must be filed with the Judicial Arbiter Group. The request must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event may it be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. In the event that the Parties do not agree to arbitration, each party is waiving the right shall be permitted to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal pursue all available legal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementequitable remedies.

Arbitration. If The parties hereto understand and agree that the Property leased herein is involved in, affect, or have a direct impact upon, interstate commerce. Both parties agree that all claims, demands, disputes or controversies of every kind or nature that may arise between them concerning any of the provisions of this Lease, any negotiations leading to the lease or sale of the Property, any disputes arising pursuant to this Lease, OTHER THAN TENANT'S FAILURE TO PAY RENT, EVICTION PROCEEDINGS BROUGHT BY LANDLORD AGAINST TENANT AND/OR DAMAGE TO THE PROPERTY CAUSED BY TENANT, according to the Commercial Rules of the American Arbitration Association. Without limiting the generality of the foregoing, it is the intention of the parties do not reach an agreed upon solution within a period to resolve by binding arbitration all disputes arising between the parties, the terms and meaning of thirty (30) days from the time any of the commencement terms of this Lease or any other document signed between the informal dispute resolution process parties, any representations, promises or omissions made in connection with the negotiation of this Lease. Both parties agree, covenant and contract that there shall be no class arbitration between the parties and that the only parties to any disputes or controversies to be arbitrated as more particularly described above, then either herein shall be the Landlord and Tenant. Either party may initiate binding demand arbitration by a single arbitrator before filing with the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any written demand for arbitration claim must be brought within one (1) year along with a statement of the claim arisingmatter in controversy. The arbitrator A copy of the demand for arbitration shall have exclusive authority simultaneously be served upon the other party. Both parties agree that the arbitration proceedings to resolve all such disputes arising out of or relating to shall be conducted in the interpretationcity/county where the Property is located. Both parties agree that they shall keep confidential the results, applicability, enforceability, or formation decisions and conversations and all communications in connection with the arbitration proceedings and/or the arbitration agreement. Either party may seek damages and/or an injunction against the other for any violations of this Agreementprovision. In the event of arbitration, including each party shall be responsible for its own costs related to arbitration, including, but not limited to any claim that all or any part of this Agreement is void or voidableto, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementreasonable attorneys' fees.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30i) days from the time of the commencement of the informal Any controversy, dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration or claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating in any way to this Agreement or the other agreements contemplated by this Agreement or the transactions arising hereunder or thereunder that cannot be resolved by negotiation or mediation pursuant to Section 9.6(a) shall be settled exclusively by final and binding arbitration in the City of Los Angeles, California. Such arbitration will apply the laws of the State of Delaware (without regard to Delaware choice-of-law rules to the interpretation, applicability, enforceability, or formation extent they would require the application of this Agreementthe substantive law of another place), including its statute of limitations, and the commercial arbitration rules of AAA to resolve the dispute. (ii) Such arbitration shall be conducted by one independent and impartial arbitrator to be selected by mutual agreement of the parties, if possible. If the parties fail to reach agreement regarding appointment of an arbitrator within thirty days following receipt by one party of the other party’s notice of arbitration, the arbitrator shall be selected from a list or lists of proposed arbitrators submitted by AAA. Unless the parties agree otherwise, the arbitrator shall be a former or retired judge. The selection process shall be that which is set forth in the AAA commercial arbitration rules then prevailing, except that (A) the number of preemptory strikes shall not be limited and (B) if the parties fail to select an arbitrator from one or more lists, AAA shall not have the power to make an appointment but not limited shall continue to any claim that all submit additional lists until an arbitrator has been selected. Initially, however, promptly following its receipt of a request to submit a list of proposed arbitrators, AAA shall convene the parties in person or any part by telephone and attempt to facilitate their selection of this Agreement is void an arbitrator by agreement. If the arbitrator should die, withdraw or voidableotherwise become incapable of serving, or whether a claim is subject to arbitrationreplacement shall be selected and appointed in a like manner. The arbitrator shall render an opinion setting forth findings of fact and conclusions of law with the reasons therefor stated. A transcript of the evidence adduced at the hearing shall be made and shall, upon request, be made available to either party. The arbitrator may, in his or her discretion, require submission of post-hearing briefs. The fees and expenses of the arbitrator and the court reporter shall be shared equally by the parties and advanced by them from time to time as required; provided that at the conclusion of the arbitration, the arbitrator shall award reasonable costs and expenses to the prevailing party in the arbitration as set forth below. Each party will be entitled to serve one set of document requests and take one deposition. Subject to a showing of good cause, the arbitrator may in his discretion order further discovery by either party. The arbitrator shall render his or her award within 90 days of the conclusion of the arbitration hearing or 45 days after submission of written briefs, if applicable. Notwithstanding any contrary provision of Delaware law, the arbitrator shall not be empowered to grant whatever relief would be available award to either party any punitive damages in a court under law connection with any dispute between them arising out of or relating in equityany way to this Agreement or the other agreements contemplated hereby or the transactions arising hereunder or thereunder, and each party hereby irrevocably waives any right to recover such damages. The arbitrator’s award arbitrator shall determine which party is the prevailing party, and the prevailing party shall be writtenawarded reasonable attorneys’ fees, expert and non-expert witness costs and expenses, and binding other costs and expenses incurred in connection with the arbitration (including expert witness costs and witness travel and lodging costs) unless the arbitrator, for good cause, determines otherwise. Costs and fees of the arbitrator (including the costs of the record of the transcripts of the arbitration) shall be borne by the non-prevailing party, unless the arbitrator for good cause determines otherwise. (iii) Notwithstanding anything to the contrary provided in this Section 9.6(b) and without prejudice to the above procedures, either party may apply to any court of competent jurisdiction for temporary injunction or other provisional judicial relief or to specifically enforce the terms of this Agreement if such action is necessary to avoid irreparable damage or to preserve the status quo until such time as the arbitrator is selected and available to hear such party’s request for temporary relief. Judgment on the parties award rendered by the arbitrator shall be final and not subject to judicial review and judgment thereon may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreement.

Arbitration. If (a) Any disputes or differences between the parties do arising out of this Agreement which the parties are unable to resolve themselves shall be submitted to and resolved by arbitration as herein provided. Within ten (10) Business Days after commencement of arbitration in accordance with the rules then obtaining of the American Arbitration Association, any of the parties hereto in dispute may request the American Arbitration Association to designate one arbitrator, who shall be a retired or former judge of any appellate court of the State of California, any United States appellate court or the United States District Court for any California District who is, in any such case, not reach an affiliated with any party in interest to such arbitration and who has substantial professional experience with regard to corporate legal matters. (b) The arbitrator shall consider the dispute at issue at Los Angeles, California at a mutually agreed upon solution time within a period of thirty (30) days from (or such longer period as may be acceptable to the time parties hereto in dispute) of the commencement designation of the informal dispute resolution process described above, then either party may initiate binding arbitrator. The arbitration by a single arbitrator before proceeding shall be held in accordance with the rules for commercial arbitration of the American Arbitration Association using its Commercial Arbitration Rules as in effect on the sole means date of commencement of such arbitration and shall include an opportunity for the parties to resolve claims subject conduct discovery in advance of the proceeding. Notwithstanding the foregoing, the parties hereto agree that they will attempt, and they intend that they and the arbitrator should use their best efforts in that attempt, to conclude the arbitration proceeding and have a final decision from the arbitrator within ninety (90) days from the date of selection of the arbitrator; provided, however, that the arbitrator shall be entitled to extend such ninety (90) day period one or more times to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration extent necessary for such arbitrator to place a dollar value on any claim must that may be brought within one (1) year of the claim arisingunliquidated. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating promptly deliver a decision with respect to the interpretationdispute to each of the parties, applicability, enforceability, or formation who shall promptly act in accordance therewith. Each party to such arbitration agrees that any decision of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be writtenfinal, conclusive and binding on and that they will not contest any action by any other party thereto in accordance with a decision of the parties arbitrator. It is specifically understood and agreed that any party may be entered as a judgment enforce any award rendered pursuant to the arbitration provisions of this Section 13.13 by bringing suit in any court of competent jurisdiction. You understand and The parties hereto agree that unless you can demonstrate the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party that prevails in any such arbitration. (c) All costs and expenses attributable to the arbitrator shall be allocated among the parties to the arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such manner as the right arbitrator shall determine to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding appropriate under the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementcircumstances.

Arbitration. If (a) The terms of this Paragraph 11 contain the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except those arising under the provisions of Paragraph 6, above. Nothing in this Paragraph 11 shall prohibit a party from seeking and obtaining injunctive relief from a court of competent jurisdiction pending the outcome of arbitration. A party bringing an action for injunctive relief shall not be deemed to have waived his or its right to demand arbitration of all disputes. The parties do not reach an agreed upon solution irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in accordance with the terms of this Paragraph 11; any attempt to circumvent the terms of this Paragraph 11 shall be null and void and of force or effect. (b) Either party desiring to arbitrate shall give written notice to the other party within a reasonable period of thirty (30) days from time after the time party becomes aware of the commencement need for arbitration. The arbitration shall be conducted in Los Angeles, California, in accordance with the National Rules of the informal dispute resolution process described aboveAmerican Arbitration Association ("AAA"), then either party may initiate binding arbitration and shall be conducted by a single arbitrator before selected from the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year approved AAA panel or by stipulation of the claim arisingparties. In any arbitration hereunder, the parties shall be entitled to all rights of discovery provided for in the California Code of Civil Procedure for judicial proceedings. The arbitrator shall have exclusive authority give effect to resolve all disputes arising out statutes of or relating limitation in determining any claim. The decision of the arbitrator shall be final and binding. Judgment on any award rendered by such arbitrator shall be final and binding. Judgment on any award rendered by such arbitrator may be entered in any court having jurisdiction over the subject matter of the controversy. The prevailing party shall receive an award of costs and expenses related to the interpretation, applicability, enforceability, or formation of this Agreementarbitration, including but not limited attorneys' fees. The fees and costs of the arbitrator and the cost of any record or transcript of the arbitration shall be borne by the losing party. Should Officer or the Company institute any legal action or administrative proceeding with respect to any claim that all waived by this agreement or pursue any part of dispute or matter covered by this Agreement is void or voidableparagraph by any method other than said arbitration, or whether a claim is subject to arbitration. The arbitrator the responding party shall be empowered entitled to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be writtenrecover from the other party all damages, costs, expenses and binding on the parties and may be entered attorneys' fees incurred as a judgment in any court result of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementaction.

Arbitration. If You and the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means Company agree to resolve claims subject waive any rights to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge or jury and agree to arbitrate before a neutral arbitrator any and all claims or disputes arising out of this letter agreement and any and all claims arising from or relating to your employment with the Company, including (but not limited to) claims against any current or former employee, director or agent of the Company, claims of wrongful termination, retaliation, discrimination, harassment, breach of contract, breach of the covenant of good faith and fair dealing, defamation, invasion of privacy, fraud, misrepresentation, constructive discharge or failure to provide a leave of absence, or claims regarding commissions, stock options or bonuses, infliction of emotional distress or unfair business practices. The arbitrator’s decision must be written and must include the findings of fact and law that support the decision. The arbitrator’s decision will be final and binding on both patties, except to the extent applicable law allows for judicial review of arbitration awards. The arbitrator may award any remedies that would otherwise be available to the parties if they were to bring the dispute in court, The arbitration will be conducted in accordance with the Judicial Arbitration & Mediation Services (“JAMS”); provided, however that the arbitrator must allow the discovery that the arbitrator deems necessary for the parties to vindicate their respective claims or defenses. The arbitration will take place in Santa Xxxxx. California. The Company will pay the costs of arbitration. Both the Company and you will be responsible for your own attorneys’ fees, and the arbitrator may not award attorneys’ fees unless a public courtstatute or contract at issue specifically authorizes such an award. Other rights This arbitration provision does not apply to (a) workers’ compensation or unemployment insurance claims or (b) claims concerning the validity, infringement or enforceability of any trade secret, patent right, copyright or any other trade secret or intellectual property held or sought by either you or the Company (whether or not arising under the Proprietary Information and Inventions Agreement between you and the Company). If an arbitrator or court of competent jurisdiction (the “Neutral”) determines that any provision of this arbitration provision is illegal or unenforceable, then the Neutral shall modify or replace the language of this arbitration provision with a valid and enforceable provision, but only to the minimum extent necessary to render this arbitration provision legal and enforceable. We hope that you would will accept our offer to join the Company. You may indicate your agreement with these terms and accept this offer by signing and dating both the enclosed duplicate original of this letter agreement and returning it to me. As required by law, your employment with the Company is contingent upon your providing legal proof of your identity and authorization to work in the United States. If you have if you went to courtany questions, such please call me. Very truly yours, VIOLIN MEMORY, INC. By: /s/ Xxxx Xxxxxxxxxx Name: Xxxx Xxxxxxxxxx Title: Executive Chairman I have read and accept this employment offer: /s/ Xxxxx Xxxx Jr. Signature of Xxxxx Xxxx Jr. Dated: July 6, 2009 This Stock Purchase Agreement (this “Agreement”) is entered into as of July 16, 2009, by Violin Memory, Inc., a Delaware corporation (the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks“Company”), and trade secretsXxxxx Xxxx, but not privacy or publicity rights) or Confidential Information. Furthermore, you have Jr. (the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreement“Purchaser”).

Arbitration. If a dispute arises out of or relates to this ----------- Agreement, or the parties do breach thereof, and if such dispute cannot reach an agreed upon solution within a period be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules Association, before resorting to arbitration, litigation, or some other dispute resolution procedure as required by this Section 24. Failing an adequate resolution by mediation, any controversy or claim arising out of or relating to this Agreement or the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYtransactions contemplated hereby, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration including any controversy or claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of Parties' decision to enter into this Agreement, including but not limited shall be settled by binding arbitration. There shall be one arbitrator to any claim that all be mutually agreed upon by the Parties involved in the controversy and to be selected from the National Panel of Commercial Arbitrators (or any part successor panel, if any). If within 45 days after service of the demand for arbitration the Parties are unable to agree upon such an arbitrator who is willing to serve, then an arbitrator shall be appointed by the American Arbitration Association in accordance with its rules. Except as specifically provided in this Agreement is void or voidableSection 24, or whether a claim is subject to arbitrationthe arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall not render an award of punitive damages. Any arbitration hereunder shall be empowered held in Los Angeles, California. Expenses related to grant whatever relief would the arbitration, including counsel fees, shall be available borne by the Party incurring such expenses except to the extent otherwise provided in a court under law or in equitySection 25 herein. The arbitrator’s award fees of the arbitrator and of the American Arbitration Association, if any, shall be writtendivided equally among the Parties involved in the controversy. Judgment upon the award rendered by the arbitrator (which may, and binding on if deemed appropriate by the parties and arbitrator, include equitable or mandatory relief with respect to performance of obligations hereunder) may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration The arbitrator shall award the prevailing Party in Delaware would create an undue burden for you, any arbitration hearing will be held proceeding recovery of its attorneys' fees, the arbitrators' fees and other costs in Delaware. You understand and agree that by entering into this Agreement, each party is waiving connection with the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as arbitration from the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementnon-prevailing Party.

Arbitration. Any dispute arising under or relating to this Agreement shall be decided by binding arbitration as follows. The Parties shall use all reasonable efforts to resolve the dispute through direct discussions within 30 days of written notice that there is such a dispute. If the parties do not reach an agreed upon solution within no amicable settlement is reached as a period of thirty (30) days from the time result of the commencement of discussions, the informal dispute resolution process described above, then either party may initiate binding matter shall be finally settled by arbitration conducted expeditiously by a single neutral arbitrator before in accordance with the applicable rules of the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject Association. No arbitrator may serve who has had at any time a material personal or financial relationship with any participant to the terms set forth belowdispute or any Affiliate of any such participant. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any The place of arbitration claim must shall be brought within one (1) year in the county in which is located the principal place of business of the claim arisingrespondent. The arbitrator is not empowered to modify the terms of this Agreement. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating award costs and attorneys’ fees to the interpretationprevailing Party. The dispute resolution proceedings contemplated by this provision shall be as confidential and private as permitted by law. To that end, applicabilitythe Parties shall not disclose the existence, enforceabilitycontent or results of any proceedings conducted in accordance with this provision, and materials submitted in connection with such proceedings shall not be admissible in any other proceeding; provided, however, that this confidentiality provision shall not prevent a petition to vacate or formation enforce an arbitral award, and shall not bar disclosures required by law. The Parties agree that any decision or award resulting from proceedings in accordance with this dispute resolution provision shall have no preclusive effect in any other matter involving third parties. Notwithstanding the foregoing, if the enforcement of this Agreement, including but not limited to any claim that all or any part of right under this Agreement is void reasonably requires recourse to the equitable remedies provided by a court, due to the immediacy or voidablenature of the remedy sought (for example, a preliminary injunction or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available temporary restraining order), then either Party may pursue such equitable remedies in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that jurisdiction if otherwise permissible by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days law pending submission of the date of this Agreementmatter to arbitration.

Arbitration. If The parties shall endeavor to settle all disputes by amicable negotiations. Except as otherwise provided in Section 9(c) hereof, any claim, dispute, disagreement or controversy that arises among the parties do relating to this Agreement that is not reach an agreed upon solution amicably settled shall be resolved by arbitration, as follows: (a) Any such arbitration shall be heard in The City of New York, New York, before a panel consisting of one (1) to three (3) arbitrators, each of whom shall be impartial. Upon the written Request for Arbitration by either party hereto to commerce arbitration hereunder, the parties shall attempt to mutually agree as to the number and identity of the arbitrators within a period of thirty (30) days from of such Request. Except as the time parties may otherwise agree, all arbitrators (if not selected by the parties hereto within thirty (30) days of a written Request for Arbitration) shall be appointed pursuant to the commencement commercial arbitration rules of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as Association. In determining the sole means to resolve claims subject number and appropriate background of the arbitrators, the appointing authority shall give due consideration to the terms set forth belowissues to be resolved, but his or her decision as to the number of arbitrators and their identity shall be final. (b) An arbitration may be commenced by any party to this Agreement by the service of a written request for arbitration upon the other affected parties. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any Such request for arbitration shall summarize the controversy or claim must to be brought within one arbitrated. (1c) year All attorneys' fees and costs of the claim arisingarbitration shall in the first instance be borne by the respective party incurring such costs and fees, but the arbitrators shall award costs and attorneys' fees to the prevailing party. The arbitrator parties hereby expressly waive punitive damages, and under no circumstances shall have exclusive authority an award contain any amount that in any way reflects punitive damages. (d) Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. (e) It is intended that controversies or claims submitted to resolve all disputes arising out arbitration under this Section 22 shall remain confidential, and to that end it is agreed by the parties that neither the facts disclosed in the arbitration, the issues arbitrated, nor the views or opinions of or relating any persons concerning them, shall be disclosed to third persons at any time, except to the interpretation, applicability, enforceability, extent necessary to enforce an award or formation of this Agreement, including but not limited to any claim that all judgment or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under as required by law or in equity. The arbitrator’s award response to legal process or in connection with such arbitration. (f) Any arbitration under this Section 22 shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out conducted pursuant to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days commercial arbitration rules of the date of this AgreementAmerican Arbitration Association.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve Any and all claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement shall be resolved by binding arbitration. Arbitration shall occur in Charleston, South Carolina. Arbitration shall proceed pursuant to the interpretationrules of the American Arbitration Association except where this agreement conflicts with those rules. In case of conflict, applicability, enforceability, or formation the terms of this Agreementagreement shall govern. A mutually agreeable neutral arbitrator shall be selected by the parties from a list provided by the local office of the American Arbitration Association in the Charleston, including but not South Carolina region. The arbitration proceedings and opinion shall be confidential. The arbitration hearing shall occur within 120 days of the date it is filed. Notwithstanding anything in the rules of the American Arbitration Association, the parties shall be allowed to engage in discovery according to the following rules: each party shall serve all interrogatories and requests for documents within 30 days of filing the arbitration. Each party shall be limited to any claim that all or any part 10 interrogatories and 5 document requests. Discovery shall be fully responded to within 30 days of this Agreement is void or voidable, or whether a claim is subject receipt. The parties may each take 1 deposition including the deposition of an opposing party. No other discovery shall be allowed except upon written motion to arbitrationthe arbitrator. The arbitrator shall issue a written opinion including findings of fact and conclusions of law within thirty days of the conclusion of the arbitration hearing. The arbitrator may award any relief, legal or equitable, to either party available under law or which may be awarded by a court of competent jurisdiction where the arbitration takes place provided, however that the arbitrator shall not be empowered to grant whatever relief would be available in a court under law award punitive, consequential, or in equityother exemplary damages. The parties hereby expressly waive their right to recover punitive, consequential, and exemplary damages in such a proceeding. The parties shall have the rights to appeal or seek confirmation or modification of such a decision that are set forth in the Federal Arbitration Act. This arbitration agreement and any arbitration shall be governed by the Federal Arbitration Act to the exclusion of state law inconsistent therewith. The parties shall share equally the administrative fees and arbitrator’s award fees and expenses unless a contrary provision of law governs. All other costs and expenses associated with the arbitration, including, without limitation, each party’s respective attorney’s fees, shall be written, and binding on borne by the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving incurring the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementexpense.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party Either Party may initiate binding arbitration with respect to the matters first submitted to mediation in accordance with Section 10.02 by providing Notice of a single demand for binding arbitration before a single, neutral arbitrator before (the American Arbitration Association using its Commercial Arbitration Rules “Arbitrator”) at any time following the unsuccessful conclusion of the mediation provided for in Section 10.02. The Parties will cooperate with one another in selecting the Arbitrator within 60 days after Notice of the demand for arbitration and will further cooperate in scheduling the arbitration to commence no later than 180 days from the date of Notice of the demand. If the Parties are unable to agree upon a mutually acceptable Arbitrator, the Arbitrator will be appointed as provided for in California Code of Civil Procedure Section 1281.6. To be qualified as an Arbitrator, each candidate must be a retired judge of a trial court of any state or federal court, or retired justice of any appellate or supreme court. Unless otherwise agreed to by the Parties, the individual acting as the sole means to resolve claims subject to Mediator will be disqualified from serving as the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYArbitrator in the dispute, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must although the Arbitrator may be brought within one (1) year another member of the claim arisingJAMS panel of neutrals or such other panel of neutrals from which the Parties have agreed to select the Mediator. The arbitrator shall have exclusive authority Upon Notice of a Party’s demand for binding arbitration, such Dispute submitted to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreementarbitration, including but not limited to any claim that all the determination of the scope or any part applicability of this Agreement is void or voidableto arbitrate, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held determined by binding arbitration before the Arbitrator, in Delawareaccordance with the laws of the State of California, without regard to principles of conflicts of laws. You understand Except as provided for in this Section 10.03, the arbitration will be conducted by the Arbitrator in accordance with the rules and agree that by entering into this Agreementprocedures for arbitration of complex business disputes for the organization with which the Arbitrator is associated. Absent the existence of such rules and procedures, each party is waiving the right to a jury trial or a trial before a judge arbitration will be conducted in a public courtaccordance with the California Arbitration Act, California Code of Civil Procedure Section 1280 et seq. Other rights that you would have if you went to courtand California procedural law (including the Code of Civil Procedure, such as the right to appeal Civil Code, Evidence Code and to certain types Rules of discoveryCourt, may be more limited or may also be waivedbut excluding local rules). Notwithstanding the parties’ decision rules and procedures that would otherwise apply to resolve all disputes through the arbitration, either party may bring an action and unless the Parties agree to a different arrangement, the place of the arbitration will be in state or federal court to protect its intellectual property rights (meaning patentsSan Francisco, copyrights, moral rights, trademarksCalifornia, and trade secretsdiscovery will be limited as follows: (a) Before discovery commences, but not privacy the Parties shall exchange an initial disclosure of all documents and percipient witnesses which they intend to rely upon or publicity rightsuse at any arbitration proceeding (except for documents and witnesses to be used solely for impeachment); (b) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, The initial disclosure will occur within 30 days after the initial conference with the Arbitrator or at such time as the Arbitrator may order; (c) Discovery may commence at any time after the Parties’ initial disclosure; (d) The Parties will not be permitted to propound any interrogatories or requests for admissions; (e) Discovery will be limited to 25 document requests (with no subparts), three lay witness depositions, and three expert witness depositions (unless the Arbitrator holds otherwise following a showing by the Party seeking the additional documents or depositions that the documents or depositions are critical for a fair resolution of the date of this Agreement.Dispute or that a Party has improperly withheld documents);

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days Except for claims for injunctive relief, which may be sought from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration any court having jurisdiction any claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement and the Transaction Documents, including without limitation their respective validity, interpretation, applicabilityenforceability or breach, enforceabilityand any related tort law theories, or formation which are not settled by agreement between the parties, shall (a) first be submitted to good faith mediation between parties’ counsels, and (b) if mediation does not produce an agreed solution within thirty (30) days after notice of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject first given, then either party may submit the dispute to arbitration in accordance with the provisions hereof. Any and all disputes, controversies or differences in opinion shall be finally resolved through arbitration in accordance with the arbitration rules and procedures of the Nevada Arbitration Association, by one arbitrator appointed in accordance with the said rules. Such proceedings shall take place in Las Vegas, Nevada and shall be conducted in the English language. Except as provided herein, each party agrees that such arbitration is its exclusive remedy and expressly waives any right to seek redress in any other forum. The fees of any mediator or arbitrator shall be borne equally by each party until the conclusion of any arbitration. The non-prevailing party in any arbitration shall reimburse the prevailing party for its reasonable attorneys, accountants and expert fees and related expenses and for the costs of the arbitration and mediation proceeding (including the fees of the mediator and arbitrator), unless the arbitrator finds that the prevailing party did not make a good faith effort to resolve the matter through mediation, in which case each party shall bear its own such expenses. The parties shall keep all matters relating to any dispute confidential. Each of the parties waives any defense of inconvenient forum to the maintenance of any Action or Proceeding so brought and waives any bond, surety or other security that might be empowered required of any other party with respect thereto. Each party agrees that service of summons and complaint or any other process that might be served in any Action or Proceeding may be made on such party by sending or delivering a copy of the process to grant whatever relief would the party to be available served at the address of the party and in a court under the manner provided for the giving of notices in Section 8.6 hereof. Nothing in this Section, however, shall affect the right of any party to serve legal process in any other manner permitted by law or in equity. The arbitrator’s to enforce any arbitral award shall be written, and binding on the parties and may be entered as a or judgment in any court of competent jurisdiction. You understand Each party agrees that a final judgment in any action so brought shall be conclusive and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited enforced by suit on the judgment or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound any other manner provided by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementLaw.

Arbitration. If (a) Employee and the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described aboveCompany agree that any dispute, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYcontroversy or claim, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes however significant, arising out of or in any way relating to Employee’s employment with or termination of employment from the interpretationCompany, applicabilityincluding without limitation any dispute, enforceabilitycontroversy or claim arising out of or in any way relating to any provision of this Agreement (including the validity, scope and enforceability of this arbitration clause), to the fullest extent authorized by applicable law, shall be submitted to final and binding arbitration before a single neutral arbitrator in accordance with the rules of JAMS pursuant to its Employment Arbitration Rules and Procedures, which are available at xxxx://xxx.xxxxxxx.xxx/rules-employment-arbitration/, and the Company will provide a copy upon Employee’s request, as the exclusive remedy for resolving any and all such disputes. (b) The tribunal will consist of a sole neutral arbitrator selected by mutual agreement of the parties (or, absent such mutual agreement, in accordance with the rules of JAMS) and the place of arbitration will be Irvine, California. Each party shall be entitled to all types of remedies and relief otherwise available in court (subject to the limitations set forth herein). The parties agree that any arbitration pursuant to this Agreement shall be brought on an individual, rather than class, collective, or formation representative basis, and waive the right to pursue any claim subject to arbitration on a class, collective, or representative basis. (c) The parties to this Agreement hereby expressly and irrevocably submit themselves to the personal jurisdiction of the Superior Court of the State of California (the “Superior Court”) for the purpose of compelling arbitration pursuant to this AgreementAgreement and for the purpose of any judicial proceedings seeking to confirm, including modify or vacate any arbitration award. (d) To the extent required by applicable law, the fees of the arbitrator and all other costs that are unique to arbitration shall be paid by the Company initially, but if Employee initiates a claim subject to arbitration, Employee shall pay any filing fee up to the amount that Employee would be required to pay if Employee initiated such claim in the Superior Court. Each party shall be solely responsible for paying its own further costs for the arbitration, including, but not limited to any claim that all or any part of this Agreement is void or voidableto, or whether a claim is subject to arbitrationits own attorneys’ fees and/or its own witnesses’ fees. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s may award shall be written, fees and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the partiescosts (including attorneys’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rightsfees) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementprevailing party where authorized by applicable law.

Arbitration. 1. If the parties do grievance has not reach been satisfactorily resolved within the grievance procedure, the Union may request a review by an agreed upon solution within a period impartial arbitrator provided such request is filed in writing with the Director of thirty Labor Relations and Compensation no later than twenty (3020) calendar days from after the time Department Director’s response is due in Step 4 of the commencement grievance procedure. 2. Upon receipt of a timely request for arbitration, on an arbitrable matter, the informal dispute resolution process described aboveDirector of Labor Relations and Compensation and the Union's representative will, within ten (10) calendar days, first attempt to agree on the selection of an Arbitrator. If they cannot mutually agree, then either party may initiate binding arbitration by a single arbitrator before within ten (10) calendar days, the Director of Labor Relations and Compensation will write to the American Arbitration Association using its Commercial Arbitration Rules as to set in motion the sole means to resolve claims scheduling of the arbitration hearing. Matters that are not subject to review as grievances are non-arbitrable and shall not be scheduled for arbitration. 3. The arbitration shall be conducted under the terms rules set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYin this Agreement and, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year where not in conflict with this Agreement, under the labor rules of the claim arisingAmerican Arbitration Association. Subject to the following, the arbitrator shall have jurisdiction and authority to decide a grievance as defined and submitted in this Agreement. The arbitrator shall have exclusive no authority to resolve all disputes arising out of or relating to the interpretationchange, applicabilityamend, enforceabilityadd to, subtract from, ignore, modify, nullify, or formation of otherwise alter or supplement this Agreement, including but not limited to any claim that all Agreement or any part of this Agreement is void thereof or voidable, or whether a claim is subject to arbitrationany amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be empowered subject to grant whatever relief would be available arbitration or which is not a grievance as defined in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, or which is not covered by this Agreement, nor shall this Collective Bargaining Agreement be construed by an arbitrator to supersede any applicable laws. 4. The arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. 5. The County and the Union shall attempt to mutually agree in writing as to the statement of the matter to be arbitrated 30 days after the request for arbitration is submitted. If in the event the parties cannot agree to the statement of issues to be submitted, then a written statement of the issues to be decided shall be presented to the arbitrator by each party is waiving and exchanged between the right parties fourteen (14) days prior to a jury trial or a trial before a judge in a public courtthe Arbitration Hearing. 6. Other rights that you would have if you went to court, such as At the right to appeal and to certain types request of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action there shall be a certified court reporter at the hearing. The parties shall bear equally the expenses and fees of the court reporter, the arbitrator and all other expenses connected with a hearing. Each party shall bear the expense of its own witnesses, representatives, attorneys and all other individual expenses. Employees required to testify will be made available, however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have completed their testimony shall return to work unless they are the grievant or are directly required to assist the principal Union Representative in state or federal court the conduct of the case. In class grievances, the class shall be represented by the Union President. The intent of the parties is to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, minimize time lost from work. 7. The award of the arbitrator shall be final and trade secrets, but not privacy or publicity rights) or Confidential Informationbinding when made in accordance with the jurisdiction and authority of this agreement. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, The arbitrator shall make his award within 30 days of the date close of this Agreementthe hearing and shall promptly furnish copies to both parties. 8. Matters excluded from the Grievance Procedure under Article 6, Section 3, and matters covered under Article 8, Classification Appeal, and Article 9, Job Descriptions, shall be excluded from Arbitration.

Arbitration. If With the parties do not reach exception of any request for specific performance, injunctive or other equitable relief, any dispute or controversy of any kind arising out of or related to this Agreement, Xx. Xxxxxxxxxxx’x employment with the Company (or with theemploying subsidiary), the separation of Xx. Xxxxxxxxxxx from that employment and from his positions as an agreed upon solution within a period of thirty (30) days from the time officer and/or director of the commencement of the informal dispute resolution process described aboveCompany or any subsidiary or affiliate, then either party may initiate or any claims for benefits, will be resolved exclusively by final and binding arbitration by using a single arbitrator before three-member arbitration panel in accordance with the Commercial Arbitration Rules of the American Arbitration Association using its Commercial Arbitration Rules as currently in effect, provided, however, that in rendering their award, the sole means arbitrators will be limited to resolve accepting the position of Xx. Xxxxxxxxxxx or the Company. The only claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYnot covered by this paragraph are any non-waivable claims for benefits under workers’ compensation or unemployment insurance laws, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSwhich will be resolved under those laws. Any arbitration claim must be brought within one (1) year of the claim arisingpursuant to this paragraph will take place in San Francisco, California. The arbitrator shall have exclusive authority to resolve all disputes arising out of Parties may be represented by legal counsel at the arbitration but must bear their own fees for such representation in the first instance. The prevailing party in any dispute or relating to the interpretation, applicability, enforceabilitycontroversy covered by this paragraph, or formation of with respect to any request for specific performance, injunctive or other equitable relief, will be entitled to recover, in addition to any other available remedies specified in this Agreement, all litigation expenses and costs, including but not any arbitrator, administrative or filing fees and reasonable attorneys’ fees, except as prohibited or limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationby law. The arbitrator shall be empowered Parties specifically waive any right to grant whatever relief would be available in a court under law jury trial on any dispute or in equitycontroversy covered by this paragraph. The arbitrator’s award shall be written, and binding on the parties and Judgment may be entered as a judgment on the arbitrators’ award in any court of competent jurisdiction. You understand Subject to the arbitration provisions of this paragraph, the sole jurisdiction and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden venue for you, any arbitration hearing action related to the subject matter of this Agreement will be held the California state and federal courts having within their jurisdiction the location of the Company’s principal place of business in Delaware. You understand and agree that by entering into this Agreement, each party is waiving California at the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, time of such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarksaction, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out both Parties hereby consent to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days jurisdiction of the date of this Agreementsuch courts for any such action.

Arbitration. If Either Party may initiate binding arbitration with respect to the parties do not reach an agreed upon solution within Dispute first submitted to mediation by making a period written demand for binding arbitration before a single, neutral arbitrator (the “Arbitrator”) at any time following the unsuccessful conclusion of thirty the mediation provided for in Section 11.3. The Parties will cooperate with one another in promptly selecting the Arbitrator and in scheduling the arbitration to commence no later than one hundred eighty (30180) days from the time date of the commencement initial written demand for binding arbitration. If, notwithstanding their good faith efforts, the Parties are unable to agree upon a mutually acceptable Arbitrator, the Arbitrator shall be appointed as provided for in California Code of Civil Procedure Section 1281.6, provided, unless the Parties otherwise agree in writing, the person who acted as Mediator shall be precluded from serving as Arbitrator. Upon a Party’s written demand for binding arbitration, such Dispute, including the determination of the informal dispute resolution process described abovescope or applicability of this agreement to arbitrate, then either party may initiate shall be determined by binding arbitration by a single arbitrator before the American Arbitrator, in accordance with the laws of the State of California, without regards to principles of conflicts of laws. Except as provided for herein, the arbitration shall be conducted by the Arbitrator in accordance with the rules and procedures for arbitration of complex business disputes for the organization with which the Arbitrator is associated; absent the existence of such rules and procedures, the arbitration shall be conducted in accordance with the California Arbitration Association using its Commercial Arbitration Rules as Act, California Code of Civil Procedure Section 1280 et seq. However, notwithstanding the sole means to resolve claims subject rules and procedures that would otherwise apply to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYarbitration, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year and unless the Parties agree to a different arrangement, the place of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator arbitration shall be empowered to grant whatever relief would be available in a court under law or Los Angeles County, California, each side in equity. The arbitrator’s award the arbitration shall be writtenentitled to take up to three depositions, and binding all direct testimony in the arbitration shall be submitted in the form of affidavits or declarations under penalty of perjury. Each Party shall cooperate in making available for cross-examination at the arbitration hearing its witnesses whose direct testimony has been so submitted. Judgment on the parties and award may be entered as a judgment in any court of competent having jurisdiction. You understand The Arbitrator shall, in any award, allocate all of the costs of the binding arbitration (other than each Party’s individual attorneys’ fees and agree that unless you can demonstrate that arbitration costs related to the Party’s participation in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patentswhich fees and costs shall be borne by such Party), copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have including the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days fees of the date Arbitrator, against the Party who did not prevail. Until such award is made, however, the Parties shall share equally in paying the costs of this Agreementthe arbitration.

Arbitration. If This Agreement, and all claims or causes of action (whether in contract or otherwise) that may be based upon, arise out of, or relate to this Security Agreement or the parties do not reach negotiation, execution, or performance of this Agreement (including any claim or cause or action based upon, arising out of, or related to any representation or warranty made in or in connection with this Agreement or as an agreed upon solution within a period of thirty (30) days from inducement to this Agreement), shall be governed by the time internal laws of the commencement State of the informal dispute resolution process described aboveNew York. Any issue, then either party may initiate controversy, or claim arising out of or related to this Agreement or any related documents hereto that cannot be resolved by mutual agreement shall be settled or resolved by binding arbitration by a single arbitrator before in New York, New York pursuant to the Federal Arbitration Act and in accordance with the Commercial Arbitration Rules of the American Arbitration Association using its now or hereafter in effect. The parties to the dispute shall unanimously select the arbitrator. In the event the parties to the dispute are unable to unanimously select an arbitrator within ten (10) Business Days of a meeting called to appoint an arbitrator, the arbitrator shall be selected in accordance with the Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arisingAmerican Arbitration Association. The arbitrator shall have exclusive authority the right to resolve all disputes arising out of or relating to award individual relief which the interpretationarbitrator deems proper under the evidence presented and applicable law and consistent with the parties’ rights to, applicabilityand limitations on, enforceability, or formation of damages and other relief as expressly set forth in this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The award and decision of the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, conclusive and binding on all parties, and judgment upon the parties and award may be entered as a judgment in any court of competent jurisdiction. You understand The expenses of the arbitration, including the arbitrator’s fees and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youexpert witness fees, any arbitration hearing will be held in Delaware. You understand and agree that incurred by entering into this Agreement, each party is waiving the right parties to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discoveryarbitration, may be more limited awarded to the prevailing party, in the discretion of the arbitrator, or may also be waivedapportioned between the parties in any manner deemed appropriate by the arbitrator. Notwithstanding Unless and until the parties’ decision arbitrator decides that one party is to resolve pay for all disputes through arbitration(or a share) of such expenses, either party may bring an action both parties shall share equally in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days payment of the date of this Agreementarbitrator’s fees as and when billed by the arbitrator. The foregoing agreement to arbitrate shall be specifically enforceable under applicable law in any court having jurisdiction thereof. IN AGREEING TO THE METHOD OF DISPUTE RESOLUTION SET FORTH IN THIS ARBITRATION CLAUSE, THE PARTIES SPECIFICALLY ACKNOWLEDGE THAT EACH PREFERS TO RESOLVE DISPUTES BY ARBITRATION RATHER THAN THROUGH THE FORMAL COURT PROCESS. FURTHER, EACH OF THEM UNDERSTANDS THAT BY AGREEING TO ARBITRATION EACH OF THEM IS WAIVING THE RIGHT TO RESOLVE DISPUTES ARISING OR RELATING TO THIS AGREEMENT IN COURT BY A JUDGE OR JURY, THE RIGHT TO A JURY TRIAL, THE RIGHT TO DISCOVERY AVAILABLE UNDER THE APPLICABLE RULES OF CIVIL PROCEDURE, THE RIGHT TO FINDINGS OF FACT BASED ON THE EVIDENCE, AND THE RIGHT TO ENFORCE THE LAW APPLICABLE TO ANY CASE ARISING OR RELATING TO THIS AGREEMENT BY WAY OF APPEAL, EXCEPT AS ALLOWED UNDER THE FEDERAL ARBITRATION ACT. EACH OF THEM ALSO ACKNOWLEDGES THAT EACH HAS HAD AN OPPORTUNITY TO CONSIDER AND STUDY THIS ARBITRATION PROVISION, TO CONSULT WITH COUNSEL, TO SUGGEST MODIFICATION OR CHANGES, AND, IF REQUESTED, HAS RECEIVED AND REVIEWED A COPY OF THE FEDERAL ARBITRATION ACT AND THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

Arbitration. If Subject to Section 14.1(c), any dispute arising under this Agreement, or other legal proceeding relating to this Agreement or the parties do enforcement of any provision of this Agreement, if not reach an agreed upon solution resolved by the Executive Officers pursuant to Section 14.1(a), shall be finally resolved by binding arbitration administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures then in effect (the “JAMS Rules”), and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitration shall be conducted by a single, neutral arbitrator who shall have experience with respect to the matter(s) to be arbitrated. If, within a period of thirty (30) days from after initiation of arbitration, the time Parties are unable to agree on a single arbitrator, the arbitrator shall be appointed by JAMS. The place of arbitration shall be San Francisco, California. Either Party may apply to the arbitrator for interim injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Nothing contained herein shall be construed to permit the arbitrator to award punitive, exemplary or similar damages. Each Party shall bear its own costs and expenses and attorneys’ fees and an equal share of the arbitrators’ fees and any administrative fees of arbitration. Except to the extent necessary to confirm an award or as may be required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of an arbitration without the prior written consent of both Parties. In no event shall an arbitration be initiated after the date when commencement of a legal or equitable proceeding based on the informal dispute resolution process described abovedispute, then either party may initiate binding arbitration controversy or claim would be barred by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year applicable California statute of the claim arisinglimitations. The arbitrator shall have exclusive authority to resolve all disputes arising out Parties agree that, in the event of a dispute over the nature or relating to the interpretation, applicability, enforceability, or formation quality of performance under this Agreement, including but not limited to any claim that all or any part of and, as provided in Section 13.2(b), neither Party may terminate this Agreement is void or voidable, or whether a claim is subject to until final resolution of the dispute through arbitration. The arbitrator Parties further agree that any payments made pursuant to this Agreement pending resolution of the dispute shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on refunded if the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree arbitrator determines that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but payments are not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementdue.

Arbitration. If With the parties do not reach exception of any request for specific performance, injunctive or other equitable relief, any dispute or controversy of any kind arising out of or related to this Agreement, Xx. Xxxxxx’x employment with the Corporation (or with the employing subsidiary), the separation of Xx. Xxxxxx from that employment and from his positions as an agreed upon solution within a period of thirty (30) days from the time officer and/or director of the commencement of the informal dispute resolution process described aboveCorporation or any subsidiary or affiliate, then either party may initiate or any claims for benefits, will be resolved exclusively by final and binding arbitration by using a single arbitrator before three-member arbitration panel in accordance with the Commercial Arbitration Rules of the American Arbitration Association using its Commercial Arbitration Rules as currently in effect, provided, however, that in rendering their award, the sole means arbitrators will be limited to resolve accepting the position of Xx. Xxxxxx or the Corporation. The only claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYnot covered by this paragraph are any non-waivable claims for benefits under workers’ compensation or unemployment insurance laws, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSwhich will be resolved under those laws. Any arbitration claim must be brought within one (1) year of the claim arisingpursuant to this paragraph will take place in San Francisco, California. The arbitrator shall have exclusive authority to resolve all disputes arising out of Parties may be represented by legal counsel at the arbitration but must bear their own fees for such representation in the first instance. The prevailing party in any dispute or relating to the interpretation, applicability, enforceabilitycontroversy covered by this paragraph, or formation of with respect to any request for specific performance, injunctive or other equitable relief, will be entitled to recover, in addition to any other available remedies specified in this Agreement, all litigation expenses and costs, including but not any arbitrator, administrative or filing fees and reasonable attorneys’ fees, except as prohibited or limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationby law. The arbitrator shall be empowered Parties specifically waive any right to grant whatever relief would be available in a court under law jury trial on any dispute or in equitycontroversy covered by this paragraph. The arbitrator’s award shall be written, and binding on the parties and Judgment may be entered as a judgment on the arbitrators’ award in any court of competent jurisdiction. You understand Subject to the arbitration provisions of this paragraph, the sole jurisdiction and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden venue for you, any arbitration hearing action related to the subject matter of this Agreement will be held the California state and federal courts having within their jurisdiction the location of the Corporation’s principal place of business in Delaware. You understand and agree that by entering into this Agreement, each party is waiving California at the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, time of such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarksaction, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out both Parties hereby consent to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days jurisdiction of the date of this Agreementsuch courts for any such action.

Arbitration. If the parties do not reach agree on a written resolution of a Dispute pursuant to the procedures set forth in this section, Section 13, by the end of the First Meeting, then, except as otherwise provided in this Agreement, any Dispute shall be submitted to binding arbitration in Los Angeles County, California by a single arbitrator mutually chosen by the parties in writing, who shall be a retired judge or litigator with ten (10) years or more of experience with claims similar to the Dispute (provided, that lack of experience with claims involving the cannabis industry shall not be a cause for disqualification). If the parties cannot agree on an agreed upon solution within arbitrator, JAMS shall provide a period list of six (6) candidates, and each party shall take turns striking candidates (beginning with the party who received the notice of arbitration) until there is a single arbitrator. The costs of the arbitration, including any JAMS administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration; provided that all costs and expenses of the dispute, including arbitrator fees and reasonable attorneys’ fees and costs incurred, shall be awarded to the prevailing or most prevailing party as determined by the arbitrator. The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law. The arbitrator shall render a written opinion not later than thirty (30) days from the time after conclusion of the commencement arbitration proceedings setting forth a determination of award, if any, and the basis for awarding (or not awarding) the relief sought by the parties, including findings of fact and conclusions of law. If JAMS refuses to arbitrate a Dispute, the parties shall cooperate in good faith to find an alternative arbitrator reasonably acceptable to the parties in writing. An arbitrator exceeds his or her powers by voiding or refusing to enforce any contracts or arbitration agreements between Parties based solely on the cannabis related nature of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementcontract.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration controversy or claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceabilitythis Agreement, or formation any alleged breach hereof shall be finally determined by a single arbitrator, jointly selected by Employee and Employer, provided that if Employee and Employer are unable to agree upon a single arbitrator after reasonable efforts, the arbitrator shall be an impartial arbitrator selected by the American Arbitration Association. Each party hereto shall share equally the costs of the arbitrator, and the parties agree that the costs of arbitration shall not be subject to reapportionment by the arbitrator; provided, however, that if following a termination of Employee’s employment that follows a Change in Control or if following a termination of Employee’s employment for Good Reason that follows any person other than Rxxxx X. Xxxxx commencing service as the senior most executive officer of MEDNAX, Employee seeks arbitration to enforce the terms of this Agreement, Employer shall bear all costs associated with such arbitration, including but not limited to all costs of the arbitrator, and shall reimburse Employee on a monthly basis for his reasonable legal and other expenses, including all fees, incurred in connection with any such arbitration. The arbitration proceedings shall be held in Sunrise, Florida, unless otherwise mutually agreed by the parties, and shall be conducted in accordance with the American Arbitration Association National Rules for the Resolution of Employment Disputes then in effect. Judgment on the award rendered by the arbitration panel may be entered and enforced by any court having jurisdiction thereof. Any such arbitration shall be treated as confidential by all parties thereto, except as otherwise provided by law or as otherwise necessary to enforce any judgment or order issued by the arbitrators. Notwithstanding anything herein to the contrary, if Employer or Employee shall require immediate injunctive relief, then the party shall be entitled to seek such relief in any court having jurisdiction, and if the party elects to do so, the other party hereby consents to the jurisdiction of the state and federal courts sitting in the State of Florida and to the applicable service of process. Employee and Employer hereby waive and agree not to assert, to the fullest extent permitted by applicable law, any claim that all or any part of this Agreement is void or voidable, or whether a claim is (i) they are not subject to arbitrationthe jurisdiction of such courts, (ii) they are immune from any legal process issued by such courts and (iii) any litigation or other proceeding commenced in such courts is brought in an inconvenient forum. The arbitrator In the event that either party hereto brings suit seeking injunctive relief, the party found to be at fault shall be empowered to grant whatever relief would be available pay all reasonable court costs and attorneys' fees of the other, whether such costs and fees are incurred in a court under law of original jurisdiction or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court one or more courts of competent appellate jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision foregoing, in the event that Employer brings suit against Employee seeking injunctive relief, Employer agrees to resolve advance all disputes through arbitrationof Employee’s reasonable legal and other expenses, either party may bring an action including all fees, incurred by Employee in state or federal court to protect its intellectual property rights (meaning patentsconnection with such action, copyrightsprovided, moral rightshowever, trademarksthat if Employer ultimately prevails in seeking injunctive relief, Employee shall reimburse Employer all such advanced legal fees and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementother expenses.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described aboveAny dispute, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYclaim or controversy based on, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, Executive’s employment or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available settled by final and binding arbitration in San Diego, California, before a court under law or single neutral arbitrator in equity. The arbitrator’s award shall be writtenaccordance with the JAMS Employment Arbitration Rules and Procedures (the “Rules”), and binding judgment on the parties and award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction. Arbitration may be compelled pursuant to the California Arbitration Act (Code of Civil Procedure §§ 1280 et seq.). If the parties are unable to agree upon an arbitrator, one shall be appointed by JAMS in accordance with its Rules. Each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case; however, Executive and the Company agree that, to the extent permitted by law, the arbitrator may, in his or her discretion, award reasonable attorneys’ fees to the prevailing party; provided, further, that the prevailing party shall be reimbursed for such fees, costs and expenses within forty-five (45) days following any such award, but in no event later than the last day of the Executive’s taxable year following the taxable year in which the fees, costs and expenses were incurred; provided, further, that the parties’ obligations pursuant to this sentence shall terminate on the tenth (10th) anniversary of the Termination Date. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, JAMS administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. This Section 9 is intended to be the exclusive method for resolving any and all claims by the parties against each other for payment of damages under this Agreement or relating to Executive’s employment; provided, however, that neither this Agreement nor the submission to arbitration shall limit the parties’ right to seek provisional relief, including without limitation injunctive relief, in any court of competent jurisdiction pursuant to California Code of Civil Procedure § 1281.8 or any similar statute of an applicable jurisdiction. You understand Seeking any such relief shall not be deemed to be a waiver of such party’s right to compel arbitration. Both Executive and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the Company expressly waive their right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementtrial.

Arbitration. If a dispute arises out of or relates to this Agreement, or the parties do breach thereof, and if such dispute cannot reach an agreed upon solution within a period be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules Association, before resorting to arbitration, litigation, or some other dispute resolution procedure as required by this Section 24. Failing an adequate resolution by mediation, any controversy or claim arising out of or relating to this Agreement or the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYtransactions contemplated hereby, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration including any controversy or claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of Parties' decision to enter into this Agreement, including but not limited shall be settled by binding arbitration. There shall be one arbitrator to any claim that all be mutually agreed upon by the Parties involved in the controversy and to be selected from the National Panel of Commercial Arbitrators (or any part successor panel, if any). If within 45 days after service of the demand for arbitration the Parties are unable to agree upon such an arbitrator who is willing to serve, then an arbitrator shall be appointed by the American Arbitration Association in accordance with its rules. Except as specifically provided in this Agreement is void or voidableSection 24, or whether a claim is subject to arbitrationthe arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator shall not render an award of punitive damages. Any arbitration hereunder shall be empowered held in Los Angeles, California. Expenses related to grant whatever relief would the arbitration, including counsel fees, shall be available borne by the Party incurring such expenses except to the extent otherwise provided in a court under law or in equitySection 25 herein. The arbitrator’s award fees of the arbitrator and of the American Arbitration Association, if any, shall be writtendivided equally among the Parties involved in the controversy. Judgment upon the award rendered by the arbitrator (which may, and binding on if deemed appropriate by the parties and arbitrator, include equitable or mandatory relief with respect to performance of obligations hereunder) may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration The arbitrator shall award the prevailing Party in Delaware would create an undue burden for you, any arbitration hearing will be held proceeding recovery of its attorneys' fees, the arbitrators' fees and other costs in Delaware. You understand and agree that by entering into this Agreement, each party is waiving connection with the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as arbitration from the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementnon-prevailing Party.

Arbitration. If the parties do Dispute is not reach an agreed upon solution resolved pursuant to Section 20.1, such Dispute must be referred to and finally resolved by arbitration, to which the Parties hereto expressly agree and submit. The arbitration will be submitted to the International Centre for Dispute Resolution of the American Arbitration Association (“AAA”) and conducted in accordance with the Commercial Arbitration Rules of the AAA (“Rules”). Pre-hearing information exchange shall be limited to the reasonable production of relevant, nonprivileged documents and carried out expeditiously. There will be one arbitrator selected by mutual agreement of the Parties. It is the intent of the Parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within a period of thirty ninety (3090) days from the time of date the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arisingis appointed. The arbitrator arbitral tribunal may extend this time limit in the interests of justice. Failure to adhere to this time limit shall have exclusive authority to resolve all disputes arising out not constitute a basis for challenging the award. The arbitration will be conducted in English and the place of or relating to the interpretationarbitration will be in New York City, applicabilityNew York, enforceabilityUSA. Either Party may, or formation of without waiving any remedy under this Agreement, including but not limited apply to the arbitral tribunal and/or any claim court having jurisdiction any interim, provisional, injunctive or conservatory relief that all is necessary to protect the rights or any part property of this Agreement that Party until the arbitration award is void rendered or voidable, or whether a claim the Dispute is subject to arbitrationotherwise resolved. The arbitrator shall Any decision rendered by the arbitral tribunal will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, final and binding on the parties Parties, and judgment thereon may be entered as a judgment in by any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secretsincluding, but not privacy limited to, any court that has jurisdiction over either of the Parties or publicity rights) any of their assets. The Parties expressly agree that the arbitral tribunal will be empowered to award and order equitable or injunctive relief with respect to matters brought before it, provided however, that such remedy or relief is consistent with the remedies and limitations set forth in this Agreement. The Parties agree that all arbitral proceedings conducted pursuant to this Section, including the existence of any arbitral proceedings, information disclosed in the course of such arbitral proceedings, and any settlements, negotiations, discussions, proposals, and awards related thereto shall be considered Confidential Information. FurthermoreThe Parties may, you have however, disclose such information to an appropriate court, as is necessary to seek enforcement of any award rendered by the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementarbitral tribunal.

Arbitration. If The Executive and the parties do not reach an agreed upon solution within Company agree that in the event a period of thirty (30) days from dispute arises concerning or relating to the time of Executive’s employment with the commencement of the informal Company, or any termination therefrom, such dispute resolution process described above, then either party may initiate shall be submitted to binding arbitration in accordance with the employment arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”) by a single impartial arbitrator before experienced in employment law selected as follows: if the American Arbitration Association using its Commercial Arbitration Rules as Company and the sole means Executive are unable to resolve claims subject agree upon an impartial arbitrator within ten (10) days of a request for arbitration, the parties shall request a panel of employment arbitrators from JAMS and alternatively strike names until a single arbitrator remains. The arbitration shall take place in Los Angeles County, California, and both the Executive and the Company agree to submit to the terms jurisdiction of the arbitrator selected in accordance with JAMS’ rules and procedures. Except as set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYin Section 8, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any the Executive and the Company further agree that arbitration claim must as provided for in this Section will be brought within one (1) year the exclusive and binding remedy for any such dispute and will be used instead of any court action, which is hereby expressly waived, except for any request by either party hereto for temporary or preliminary injunctive relief pending arbitration in accordance with applicable law, and that the award of the claim arisingarbitrator shall be final and binding on both parties, and nonappealable. The arbitrator shall have exclusive authority discretion to resolve all disputes arising out of or relating to the interpretation, applicability, enforceabilityaward monetary and other damages, or formation no damages, and to fashion such other relief as the arbitrator deems appropriate. The Company will be responsible for paying any filing fees and costs of this Agreementthe arbitration proceeding itself (for example, arbitrators’ fees, conference room, transcripts), but each party shall be responsible for its own attorneys’ and advisors’ fees and its own evidentiary costs, including but not limited to any claim that all or any part of this Agreement is void or voidablewithout limitation expert witness fees. THE COMPANY AND EXECUTIVE ACKNOWLEDGE AND AGREE THAT BY AGREEING TO ARBITRATE, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be writtenTHEY ARE WAIVING ANY RIGHT TO BRING AN ACTION AGAINST THE OTHER IN A COURT OF LAW, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youEITHER STATE OR FEDERAL, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this AgreementAND ARE WAIVING THE RIGHT TO HAVE CLAIMS AND DAMAGES, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to courtIF ANY, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementDETERMINED BY A JURY.

Arbitration. A. As a condition precedent to any right of action hereunder, any dispute arising out of the interpretation, performance or breach of this Agreement, including the formation or validity thereof, shall be submitted for decision to a panel of three arbitrators. Notice requesting arbitration will be in writing and sent certified or registered mail, return receipt requested. B. One arbitrator shall be chosen by each party and the two arbitrators shall, before instituting the hearing, choose an impartial third arbitrator who shall preside at the hearing. If the parties do not reach an agreed upon solution either party fails to appoint its arbitrator within a period of thirty (30) days from after being requested to do so by the time other party, the latter, after ten (10) days notice by certified or registered mail of its intention to do so, may appoint the second arbitrator. C. If the two arbitrators are unable to agree upon the third arbitrator within thirty (30) days of their appointment, the deficiency shall be supplied on the application of the commencement of the informal dispute resolution process described above, then either party may initiate binding requesting arbitration by a single arbitrator before an appointment made by the American Arbitration Association using its Commercial Association. Notwithstanding the appointment of any third Arbitrator by the American Arbitration Rules Association, the arbitration proceedings shall not be governed by the American Arbitration Association's commercial arbitration rules. D. All arbitrators shall be disinterested active or former executive officers of insurance or reinsurance companies or Underwriters at Lloyd's, London. E. Within thirty (30) days after notice of appointment of all arbitrators, the panel shall meet and determine timely periods for briefs, discovery procedures and schedules for hearings. F. The panel shall be relieved of all judicial formality and shall not be bound by the strict rules of procedure and evidence. Unless the panel agrees otherwise, arbitration shall take place in Beverly Hills, California, but the venue may be changed when deemed by the panel to be in the best interest of the arbitration proceeding. Insofar as the sole means arbitration panel looks to resolve claims subject to substantive law, it shall consider the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year law of the claim arisingState of California. The decision of any two arbitrators when rendered in writing shall be final and binding. The panel is empowered to grant interim relief as it may deem appropriate. G. The panel shall interpret this Agreement as if it were an honorable engagement rather than as merely a legal obligation and shall make its decision considering the custom and practice of the applicable insurance and reinsurance business within sixty (60) days following the termination of the hearings. Judgment upon the award may be entered in any court having jurisdiction thereof. H. Each party shall bear the expense of its own arbitrator and shall have exclusive authority to resolve all disputes arising out jointly and equally bear with the other party the cost of or relating to the interpretationthird arbitrator. The remaining costs of the arbitration shall be allocated by the panel. The panel may, applicabilityat its discretion, enforceability, or formation of this Agreementaward such further costs and expenses as it considers appropriate, including but not limited to any claim attorneys fees, to the extent permitted by law. I. If more than one reinsurer is involved in arbitration where there are common questions of law or fact and a possibility of conflicting awards or inconsistent results, all such reinsurers may constitute and act as one party for purposes of this Article and communications shall be made by the Company to each of the reinsurers constituting the one party; provided, however, that all nothing therein shall impair the rights of such reinsurers to assert several, rather than joint defenses or any part claims, nor be construed as changing the liability of the reinsurers under the terms of this Agreement is void or voidable, or whether a claim is subject from several to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementjoint.

Arbitration. If the parties do not reach an agreed upon solution within a period TOKOX xxx EMPLOYEE agree that any controversy, claim or dispute of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes any kind arising out of or relating to this Agreement, the interpretation, applicability, enforceability, or formation interpretation of this Agreement, EMPLOYEE's employment with TOKOX xx the termination thereof, or the course of dealing by the parties hereunder (including but not limited to any claim that based on contract, tort or statute) whether for damages or for provisional or permanent equitable relief, shall be finally settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its then-existing commercial Arbitration rules ("Rules") in Irvine, California before an arbitrator who shall be a retired or former judge of the California Superior Court and who shall be selected from those former or retired judges affiliated with the Judicial Arbitration and Mediation Service ("JAMS") located in the City of Orange, California who are willing and able to comply with the time constraints and other procedures herein agreed to. The party initiating the claim shall obtain from JAMS a current list of available judges and shall immediately mail such list to the other party. Each party to the dispute shall have 10 days from the mailing date in which to cross off any names objected to, number the remaining names in order of preference, and return the list to the AAA. If either party fails to return the list within the time specified, all persons named therein shall be deemed acceptable. From among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve. If the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any part other reason the appointment cannot be made from the submitted lists, the AAA shall have the power to make the appointment from among other California Superior Court judges who are willing and able to comply with the time constraints and other procedures herein agreed to. Both parties shall share equally the payment of the arbitrator's fee, though the arbitrator, in his or his sole discretion, may order the non-prevailing party to pay the prevailing party's share of the arbitrator's fee. Any controversy regarding whether a dispute is an arbitratable dispute hereunder shall be determined by the arbitrator. The designation of a situs or a governing law for this Agreement is void or voidablearbitrations hereunder shall not be deemed an election to preclude application of the U.S. Arbitration Act, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief if it would be applicable. Judgment upon the award rendered by the arbitrator may be entered and enforced in any court having proper jurisdiction. At the request of either party, arbitration proceedings will be conducted in secrecy; in such case all documents, testimony and records will be received, heard and maintained by the arbitrator in secrecy under seal, available in a court under law or in equity. The arbitrator’s award shall be written, and binding on for inspection only by the parties and may be entered as a judgment their respective attorneys and experts, who will agree, in any court of competent jurisdiction. You understand advance and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youwriting, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, receive all such as the right to appeal information confidentially and to certain types maintain such information in secrecy until such information becomes generally known. It is the intention of discoveryboth parties that any dispute arising in connection with this Agreement or EMPLOYEE's employment shall be resolved expeditiously. Therefore, may all discovery must be more limited or may also be waived. Notwithstanding completed and the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, hearing commenced within 30 days of the date arbitrator's appointment. The award must be reasoned and must be issued within 30 days of this Agreementcommencement of the hearing and will not be subject to judicial review in whole or in part.

Arbitration. If In the event of any controversy, dispute or claims arising out of or related to this Agreement, or the interpretation, breach, termination or validity hereof, the parties do not reach an agreed shall submit such controversy, dispute or claim to binding arbitration hereunder. All arbitration proceedings pursuant to this section shall be before a retired judge of JAMS. In the event that the parties are unable to agree upon solution within a period the selection of any arbitrator, any party may request JAMS to appoint such arbitrator. Arbitration of the dispute shall commence no later than thirty (30) days from after the time selection or appointment of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationsuch arbitrator. The arbitrator shall be empowered bound by the express terms of this Agreement and shall endeavor to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award reach his decision as quickly as possible, which decision shall be written, final and binding on the parties to this Agreement. The arbitrator shall also have the power to award costs and may expenses (including, without limitation, reasonable attorneys’ fees and disbursements) to the prevailing party. Application to enforce the arbitrator’s decision can be entered as a judgment made in any court or other tribunal of competent jurisdiction; any other application or dispute shall be submitted to the United States District Court for the Central District of California, Los Angeles Division or the Los Angeles County Superior Court for determination. You understand The rules of discovery then pertaining to the United States District Court for the Central District of California, Los Angeles Division, or a California State Court of Law, as the case may be, shall apply to any such arbitration, including, without limitation, sections 1283.01 and agree that unless you can demonstrate that 1283.05 of the California Code of Civil Procedure, the provisions of which are hereby incorporated herein and made a part hereof by reference. The provisions of the California Arbitration Statute, contained in the California Code of Civil Procedure Section 1280 et seq. shall apply. The parties hereby irrevocably consent to arbitration in Delaware would create an undue burden for you, any arbitration hearing will to be held within Los Angeles County, California and irrevocably waive any objections that they may have based on improper venue or inconvenient forum in DelawareLos Angeles County. You understand and agree that by entering into this AgreementNOTICE: BY SIGNING THIS AGREEMENT, each party is waiving the right to a jury trial or a trial before a judge in a public courtYOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE MANDATORY ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. Other rights that you would have if you went to courtBY SIGNING THIS AGREEMENT, such as the right to appeal and to certain types of discoveryYOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, may be more limited or may also be waivedUNLESS SUCH DISCOVERY RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES’ PROVISION. Notwithstanding the partiesIF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE APPLICABLE STATE STATUTE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. EACH PARTY TO THIS AGREEMENT REPRESENTS THAT HE, SHE OR IT HAS READ AND UNDERSTANDS THE FOREGOING AND AGREES TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementPROVISION TO NEUTRAL ARBITRATION.

Arbitration. If To aid in the parties do not reach an agreed upon solution within a period rapid and economical resolution of thirty (30) days any disputes that may arise from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to this Agreement and the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYof it, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve Executive and the Company agree that any and all disputes disputes, claims, or demands in any way arising out of or relating to the interpretation, applicability, enforceability, or formation terms of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidableCompany equity held by the Executive, the Executive’s further employment relationship with the Company, or whether the termination of the Executive’s employment or service relationship with the Company, shall be resolved by final, binding and confidential arbitration in San Diego County, California, conducted before a claim is subject single neutral arbitrator selected and administered in accordance with the Streamlined Arbitration Rules and Procedures of JAMS (the “JAMS Streamlined Rules”) and the Federal Arbitration Act, 9 U.S.C. Sec. 1, et seq. A copy of the JAMS Streamlined Rules may be found on the JAMS website at xxxxx://xxx.xxxxxxx.xxx/rules-streamlined-arbitration/ and will be provided to arbitrationExecutive by the Company upon request. BY AGREEING TO THIS ARBITRATION PROCEDURE, EXECUTIVE AND THE COMPANY WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTE, CLAIM OR DEMAND THROUGH A TRIAL BY JURY OR JUDGE OR BY ADMINISTRATIVE PROCEEDING IN ANY JURISDICTION. The arbitrator shall be empowered administer and conduct any arbitration in accordance with California law and shall apply substantive and procedural California law to grant whatever relief would be available in a court under any such dispute, claim or demand, without reference to any conflict-of-law or in equityprovisions of any jurisdiction. To the extent that the JAMS Rules conflict with California law, California law shall take precedence. The arbitrator’s award Parties agree that the prevailing party in any arbitration shall be written, and binding on the parties and may be entered as a judgment entitled to injunctive relief in any court of competent jurisdictionjurisdiction to enforce the arbitration award. You understand Nothing in this Agreement is intended to prevent either the Executive or the Company from obtaining injunctive relief (or any other provisional remedy) in any court of competent jurisdiction pursuant to applicable law to prevent irreparable harm (including, without limitation, pending the conclusion of any arbitration). The arbitrator may award attorney’s fees and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out costs to the following address prevailing party, 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementexcept as prohibited by law.

Arbitration. If there is any dispute arising out of this Submission Agreement, including a dispute about the validity, operation, meaning or breach hereof (including, for example, if Recipient Parties should determine that Recipient Parties has the right to use the Material without entering into a further agreement with Writer, and Writer disagrees with Recipient Parties’ determination), the dispute between the parties do (the “Dispute”) shall be submitted to final and binding arbitration, which shall constitute the sole dispute resolution mechanism hereunder and Writer irrevocably waives any rights to seek other relief at law or equity. The arbitration shall be controlled by the terms of this agreement, on an individual and not reach class basis only, and any award favorable to Writer shall be limited to the fixing of compensation for Company’s use of the submitted Material, which shall bear a reasonable relation to compensation normally paid to persons of Writer’s present stature and experience for Company’s use of similar material. The arbitration shall be initiated and conducted according to the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein and except that the arbitrator shall be an agreed upon solution arbitrator experienced in the entertainment industry and licensed to practice law in California or a retired judge, including the Optional Appeal Procedure at the Los Angeles office of JAMS or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the parties agree otherwise, the neutral arbitrator shall be a former or retired judge or justice of any California state or federal court with experience in matters involving the entertainment industry. If either party refuses to perform any or all of its obligations under the final arbitration award within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described abovesuch award being rendered, then either the other party may initiate binding arbitration by a single arbitrator before enforce the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s final award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdictionjurisdiction in Los Angeles County. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, The party seeking enforcement of any arbitration award shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing will on the merits, or except as may be held necessary in Delawareconnection with a court application for a preliminary remedy, the enforcement of an award, or a judicial challenge to an award, or unless otherwise required by law or judicial decision. You understand and agree Writer understands that by entering into Writer’s sole remedy in any arbitration or any other proceeding relating to this AgreementSubmission Agreement or the Material is money damages; in particular, each party is waiving Writer expressly waives the right to a jury trial seek any other relief at law or a trial before a judge in a public court. Other rights that you would have if you went to courtequity (including, such as the right to appeal and to certain types of discoverywithout limitation, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rightsinjunctive relief) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out with respect to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of Material or this Submission Agreement.

Arbitration. If (a) Except as provided in Paragraph (e) below, the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal to this Agreement agree that any dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes or controversy arising out of or relating to this Agreement, or the interpretation, applicabilityvalidity, enforceabilityconstruction, performance, breach, or formation termination thereof, shall be settled by binding neutral arbitration in accordance with the Commercial Dispute Resolution Rules and the Optional Rules for Emergency Measures of this Agreement, including but not limited to any claim that all or any part Protection then in effect of this Agreement is void or voidable, or whether a claim is subject to arbitrationthe American Arbitration Association (the “Rules”). The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award writing, and shall be writtenfinal, conclusive, and binding on the parties and of the arbitration. Judgment may be entered as a judgment on the arbitrator’s decision in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You . (b) The parties understand and agree that by entering into consenting to the arbitration provisions of this Agreement, each party is they are waiving the their right to a jury trial trial. (c) The arbitrator(s) shall apply California law to the merits of any dispute or a trial before a judge claim, without reference to rules of conflict of law. The arbitration proceedings shall be governed by the Rules, as modified herein, without reference to state arbitration law, except that each party shall be entitled to discovery according to the provisions of set forth in a public courtthe Rules. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may Each party shall also be waived. entitled to pursue all remedies, damages or claims that would be available if the case had been litigated in the judicial forum having jurisdiction over it. (d) The arbitration and all related proceedings shall take place in Los Angeles, California and the parties consent to the exclusive jurisdiction venue of the state and federal courts located in Los Angeles County, California for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parties are participants. (e) Notwithstanding the parties’ decision to resolve all disputes through arbitration, any other provision of this Agreement either party may bring an action in apply to any state or federal court to protect its intellectual property rights of competent jurisdiction within Los Angeles County, California for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without abridgement of the powers of the arbitrator. (meaning patentsf) Any arbitration proceedings conducted under the terms of this Paragraph will be confidential. All documents, copyrightstestimony and records shall be received, moral rights, trademarksheard and maintained by the arbitrator(s) in confidence and under seal, and trade secretsshall be available for inspection only by the arbitrator(s), but not privacy the parties and their respective attorneys and their respective experts, who shall agree in advance and in writing to receive and maintain all such information in confidence. The arbitrator may award the prevailing party his or publicity rights) or Confidential Information. Furthermoreher expenses and fees of arbitration, you have the right to opt out including reasonable attorneys’ fees and not be bound witness fees, as permitted by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementlaw.

Arbitration. If the parties do not reach an agreed upon solution within a period Any claim, dispute, or controversy of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes whatever nature arising out of or relating to this Agreement, including, without limitation, any action or claim based on tort, contract, or statute or concerning the interpretation, applicabilityeffect, enforceabilitytermination, validity, performance and/or breach of this Agreement (“Claim”), shall be resolved by final and binding arbitration before a single arbitrator (“Arbitrator”) who is knowledgeable in the subject matter at issue in the dispute. The Arbitrator will be selected by mutual agreement of the parties. The arbitration shall be held in Los Angeles County, California. Arbitration of Claims between the parties shall be conducted in accordance with Sections 1282 through 1288 of the California Code of Civil Procedure. The Arbitrator shall, within 15 calendar days after the conclusion of the arbitration hearing, issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized (i) to award non-economic damages, such as for emotional distress, pain and suffering or loss of consortium, (ii) to award punitive damages, or formation (iii) to reform, modify or materially change this Agreement or any other agreements contemplated hereunder; provided, however, that the damage limitations described in parts (i) and (ii) of this sentence will not apply if such damages are statutorily imposed. The Arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief he or she deems just and equitable and within the scope of this Agreement, including but not limited including, without limitation, an injunction or order for specific performance. Each Party shall bear its own attorney’s fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator; provided, however, the Arbitrator shall be authorized to any claim determine whether a Party is the prevailing Party, and if so, to award to that all or any part prevailing Party reimbursement for its reasonable attorneys’ *** Portions of this Agreement is void or voidablepage have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. fees, or whether a claim is subject costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Arbitrator. Each Party shall fully perform and satisfy the arbitration award within 15 days of the service of the award. By agreeing to arbitration. The arbitrator shall be empowered to grant whatever relief would this binding arbitration provision, the parties understand that they are waiving certain rights and protections which may otherwise be available in if a court under law or in equity. The arbitrator’s award shall be written, and binding on Claim between the parties and may be entered as a judgment were determined by litigation in any court court, including, without limitation, the right to seek or obtain certain types of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youdamages precluded by this provision, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or trial, certain rights of appeal, and a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal invoke formal rules of procedure and to certain types of discovery, may be more limited or may also be waivedevidence. Notwithstanding the parties’ decision to resolve all disputes through arbitrationforegoing, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you Party shall have the right to opt out and not be bound by these arbitration provisions by sending written notice pursue an action in a court of your decision competent jurisdiction to opt out obtain injunctive or other equitable remedy, in order to preserve the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days status quo during the resolution of the date of any dispute under this Agreementprovision.

Arbitration. If (a) All disputes between Consultant, including any employees of Consultant, and the parties do Company relating in any way to this Agreement or the Services to be performed under this Agreement (including, but not reach an agreed upon solution within limited to, claims for breach of contract, tort, discrimination, harassment, and any violation of federal or state law) (“Arbitrable Claims”) shall be resolved by arbitration before a period neutral arbitrator. (b) The arbitrator shall be selected and the arbitration hearing conducted pursuant to the Commercial Arbitration Rules of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as and shall take place in the sole means to resolve claims subject to the terms county set forth belowin Exhibit A, unless otherwise agreed by the parties. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator Arbitration shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, final and binding on upon the parties and may shall be entered as a judgment in any court of competent jurisdictionthe exclusive remedy for all claims covered by this arbitration provision. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either Either party may bring an action in state or federal court to protect its intellectual property rights compel arbitration under this Agreement, to enforce an arbitration award or to obtain temporary injunctive relief pending a judgment based on the arbitration award. Otherwise, neither party shall initiate or prosecute any lawsuit or administrative action in any way related to any Arbitrable Claim. (meaning patentsc) The Federal Arbitration Act shall govern the interpretation and enforcement of this section, copyrightsexcept if any court finds that the Federal Arbitration Act does not apply, moral rightsthe California Arbitration Act shall govern the interpretation and enforcement of this section. If any court or arbitrator finds that any term makes this section unenforceable for any reason, trademarks, and trade secrets, but not privacy the court or publicity rights) or Confidential Information. Furthermore, you arbitrator shall have the right power to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out modify such term (or if necessary delete such term) to the following address minimum extent necessary to make this section enforceable to the fullest extent permitted by law. (d) THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS, 00 X. Xxxxxx StreetINCLUDING WITHOUT LIMITATION, RaleighANY RIGHT TO TRIAL BY JURY AS TO THE MAKING, North CarolinaEXISTENCE, 27601VALIDITY, within 30 days of the date of this AgreementOR ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE.

Arbitration. If the parties do not reach Parent Indemnified Parties and Buyer are unable to resolve a claim for indemnification to which an agreed upon solution Objection has been made within twenty (20) days (as such period may be extended by mutual agreement between the parties), either Buyer or the applicable Parent Indemnified Party shall serve the other with a period of written demand for arbitration within thirty (30) days from the time of the commencement expiration of such 20-day period, unless the amount of the informal dispute resolution process described aboveLoss is at issue in a Third Party Proceeding, then either party may initiate binding in which event arbitration by shall not be commenced until such amount is ascertained or the parties agree to commence arbitration. Any such arbitration shall be held in Santa Cxxxx County, California and shall be conducted before a single arbitrator before mutually agreeable to Buyer and the applicable Parent Indemnified Party in accordance with the Commercial Arbitration Rules of the American Arbitration Association using its Commercial Arbitration Rules as Association. In the sole means event that within 30 days after submission of any dispute to resolve claims subject to arbitration Buyer and the terms set forth belowapplicable Parent Indemnified Party cannot mutually agree on one arbitrator, Buyer and the applicable Parent Indemnified Party shall each select one arbitrator, and the two arbitrators so selected shall select a third arbitrator. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year The decision of the arbitrator or, if applicable, the majority of the three arbitrators regarding any claim arising. The arbitrator shall have exclusive authority for indemnification to resolve all disputes arising out which an Objection has been made and/or any reimbursement of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited any amounts previously paid by Parent pursuant to any claim that all for indemnification to which an Objection has been made shall be binding and conclusive. Such decision shall be written and shall be supported by written findings of fact and conclusions which shall set forth the award, judgment, decree or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationorder awarded by the arbitrator. The arbitrator shall be empowered parties agree to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered complete such arbitration as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such expeditiously as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementreasonably possible.

Arbitration. If In the parties do not reach an agreed upon solution within a period event of thirty (30) days from the time of the commencement of the informal dispute resolution process described aboveany dispute, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYcontroversy, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration disagreement, breach or claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement or interpretation of any of the interpretationprovisions, applicabilitythe same shall be submitted, enforceabilityfor resolution, to final and binding arbitration in accordance with the following procedures: The parties shall first attempt to mediate the matter(s). If the matter(s) has not been satisfactorily resolved (or formation waived), within thirty (30) days after written notice by either party to the other requesting mediation, then the matter shall be referred to arbitration for resolution under the then commercial arbitration rules of this Agreementthe American Arbitration Association (the “A.A.A.”) and the decision of the arbitrator shall be final and binding on the parties. The parties shall have the right to select the arbitrator. If the parties are unable to agree upon an arbitrator within thirty (30) days following a notice of initiating arbitration to the other party, then the arbitrator shall be appointed by the A.A.A. Each party shall be responsible for the filing fee and the arbitrator’s fee; and otherwise, each party shall be responsible for its own costs and expenses, including but not limited to any claim that all or any part of this Agreement is void or voidableto, or whether a claim is subject to arbitrationtravel, consultants, depositions, witnesses and attorneys’ fees and disbursements. The arbitrator shall be authorized to only interpret and apply the provisions of this Agreement or any related agreements entered into under this Agreement and shall have no power or authority to modify or change any of the above in any manner. The arbitrator shall have no authority to award punitive or speculative damages or any damages inconsistent with this Agreement. In addition to monetary award, the arbitrator shall be empowered to grant whatever relief would be available in a court award equitable relief, including an injunction and specific performance of any obligation under law or in equitythis Agreement. The arbitrator’s award arbitrator shall, within thirty (30) days of the conclusion of the hearing, unless such time is extended by mutual agreement, notify the parties in writing of his/her decision, stating the reasons for such decision and separately listing the findings of fact and conclusions of law. The arbitration shall be writtenconducted in Los Angeles, California, and binding on shall be governed by the parties laws of the State of California, and the decision of the arbitrator may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youAny costs, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreementfees or taxes incident to enforcing the award shall, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address maximum extent permitted by Law, 00 X. Xxxxxx Streetbe charged against the non-prevailing party or shall be recovered by the prevailing party, Raleighas applicable, North Carolina, 27601, within 30 days of the date of this Agreementin any final judgment or arbitration award.

Arbitration. If Any dispute or controversy arising under or in connection with this Agreement, the inception or termination of Employee’s employment, or any alleged discrimination or statutory or tort claim related to such employment, including issues raised regarding the Agreement’s formation, interpretation or breach, shall be settled exclusively by binding arbitration in Los Angeles, California in accordance with, and under the auspices of the employment rules of JAMS or other mutually agreeable alternative dispute resolution service. A copy of the employment rules of JAMS are attached hereto as Exhibit A. The laws of the United States and, to the extent not inconsistent therewith, the laws of the State of California shall govern. Without limiting the foregoing, the potential claims covered by this Agreement include, but are not limited to, claims for wages, bonuses or other compensation due; claims for breach of any contract or covenant (express or implied) under which Employee believes he would be entitled to compensation or benefits; claims for wrongful termination in violation of public policy, tort claims related to such employment; claims for discrimination and harassment (including, but not limited to, all claims arising under Title VII of the Civil Rights Act of 1969, as amended, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the California Fair Employment and Housing Act, the California Labor Code and applicable wage orders, the California Family Rights Act, the Federal Family and Medical Leave Act of 1993, the Fair Labor Standards Act, the Consolidated Omnibus budget Reconciliation Act of 1985, and the Employee Retirement Income Security Act; claims for benefits (except where an employee benefit or pension plan specifies that its claims procedure shall culminate in an arbitration or other procedure different from this one); and claims for violation of any public policy, federal, state or other governmental law, statute, regulation or ordinance. The arbitration shall provide for written discovery and depositions adequate to give the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means access to resolve claims subject documents and witnesses that are essential to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arisingdispute. The arbitrator shall have exclusive no authority to resolve all disputes arising out of add to or relating to the interpretation, applicability, enforceability, or formation of modify this Agreement, including but not limited to any shall apply all applicable law, and shall have no lesser and no greater remedial authority than would a court of law resolving the same claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationcontroversy. The arbitrator shall issue a written decision that includes the essential findings and conclusions upon which the decision is based, which shall be empowered to grant whatever relief would signed and dated. Employee, on the one hand, and the Bank and MB collectively, on the other hand, shall each bear his or their own costs and attorneys’ fees incurred in conducting the arbitration; provided, however, that the Bank and MB shall bear the fees and administrative costs charged by the arbitrator and JAMS (or other alternative dispute resolution service selected). Judgment may be available in a court under law or in equity. The entered on the arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent having jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementEMPLOYEE HEREBY EXPRESSLY WAIVES ANY RIGHTS TO A JURY TRIAL.

Arbitration. If Except for (i) any claim for unemployment compensation or workers’ compensation, and (ii) any relief sought for breach by Executive of Sections 6 through 11 of this Agreement, in which case a claim may be, but is not required to be, brought before any court in the parties do not reach an agreed upon solution within a period State of thirty (30) days from California having jurisdiction over the time of the commencement of the informal dispute resolution process described abovematter, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration any controversy or claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating related to this Agreement (as applicable, a “Dispute”) shall be resolved by binding arbitration in accordance with the then-effective Policy on Employment Arbitration Minimum Standards of Procedural Fairness of JAMS and limited discovery shall be permitted. Arbitration shall be held at the location chosen by the party that has not initiated the arbitration, which location shall be limited to California (as applicable, the “Arbitration Location”). Upon notification by a party of such party’s intention to arbitrate a Dispute (the “Notice Date”), each party shall select one arbitrator, and the two arbitrators so chosen shall select one arbitrator. Each of the arbitrators chosen shall be impartial and independent of the parties. If a party fails to select an arbitrator within twenty days after delivery of the Notice Date, or if the arbitrators chosen fail to select a third arbitrator within twenty days after being chosen, then any party may in writing request the judge of the United States District Court closest to the interpretation, applicability, enforceability, Arbitration Location senior in term of service to appoint the arbitrator or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationarbitrators. The arbitrator arbitration shall be empowered conducted in accordance with the then-effective JAMS’ Employment Arbitration Rules and Procedures to grant whatever relief would be available in a court under law or in equitythe extent such rules do not conflict with the terms hereof. The arbitrator’s award decision of a majority of the arbitrators shall be written, reduced to writing and shall be binding on the parties and parties. Judgment upon the award rendered by a majority of the arbitrators may be entered as a judgment and execution had in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial jurisdiction or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, application may be more limited or may also be waived. Notwithstanding the parties’ decision made to resolve all disputes through arbitration, either party may bring an action in state or federal such court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days for a judicial acceptance of the date award and an order of this Agreementenforcement. The charges and expenses of the arbitrators shall be allocated as determined by the arbitrators.

Arbitration. If the The parties do not reach an agreed upon solution within shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a period precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to SigOpt’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of thirty (30) days from the time this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the commencement of the informal dispute resolution process described above, then either party may initiate Service shall be finally settled by binding arbitration administered by a single arbitrator before the American Arbitration Association using (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYand of its supplementary procedures for consumer-related disputes, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arisingexcluding any rules or procedures governing or permitting class actions. The arbitrator arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including including, but not limited to to, any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law court; provided, however, that the arbitrator will not have authority to award damages, remedies, or in equityawards that conflict with this Agreement. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, SigOpt will pay the additional cost. You understand and SigOpt hereby expressly waive trial by jury. You also agree that unless you can demonstrate that arbitration not to participate in Delaware would create an undue burden for youclaims brought in a private attorney general or representative capacity, any arbitration hearing or consolidated claims involving another person’s account, if SigOpt is a party to the proceeding. This dispute resolution provision will be held in Delawaregoverned by the Federal Arbitration Act. You The parties understand and agree that by entering into that, absent this Agreementmandatory provision, each party is waiving they would have the right to xxx in court and have a jury trial or a trial before a judge trial. They further understand that, in a public court. Other rights some instances, the costs of arbitration could exceed the costs of litigation and that you would have if you went to court, such as the right to appeal and to certain types of discovery, discovery may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementthan in court.

Arbitration. If after such reasonable period such representatives are unable to settle such Agreement Dispute (and in any event, unless otherwise agreed in writing by the parties do not reach an agreed upon solution within a period of thirty (30) Parties, after 60 days have elapsed from the time the Parties began such negotiations), such Agreement Dispute shall be determined, at the request of either Party, by arbitration conducted in New York City, before and in accordance with the commencement then-existing International Arbitration Rules of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as (the sole means to resolve claims subject to “Rules”). In any dispute between the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYParties, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASSthe number of arbitrators shall be one. Any arbitration claim must be brought within one (1) year of judgment or award rendered by the claim arising. The arbitrator shall have exclusive authority be final, binding and nonappealable (except upon grounds specified in 9 U.S.C. Section 10(a) as in effect on the date hereof). If the Parties are unable to resolve all disputes arising out of or relating to agree on an arbitrator, the interpretationarbitrator shall be selected in accordance with the Rules. Any controversy concerning whether an Agreement Dispute is an arbitrable Agreement Dispute, applicabilitywhether arbitration has been waived, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part whether an assignee of this Agreement is void bound to arbitrate or voidableas to the interpretation of enforceability of this Section 5.8(b) shall be determined by the arbitrator. In resolving any dispute, the Parties intend that the arbitrator apply the substantive laws of the State of Delaware, without regard to the choice of law principles thereof. The Parties intend that the provisions to arbitrate set forth herein be valid, enforceable and irrevocable. The Parties agree to comply with any award made in any such arbitration proceedings that has become final in accordance with the Rules and agree to enforcement of or entry of judgment upon such award, by any court of competent jurisdiction, including the Supreme Court of the State of New York, New York County, or whether a claim is subject to arbitrationthe United States District Court for the Southern District of New York. The arbitrator shall be empowered entitled, if appropriate, to grant whatever relief would award any remedy in such proceedings, including, without limitation, monetary damages, specific performance and all other forms of legal and equitable relief; provided, however, that the arbitrator shall not be available entitled to award punitive damages. Without limiting the provisions of the Rules, unless otherwise agreed in writing by or among the relevant Parties or permitted by this Agreement, the Parties shall keep confidential all matters relating to the arbitration or the award, provided, such matters may be disclosed (A) to the extent reasonably necessary in any proceeding brought to enforce the award or for entry of a court under law or judgment upon the award and (B) to the extent otherwise required by law. Notwithstanding Article 32 of the Rules, the Party other than the prevailing Party in equity. The arbitrator’s award the arbitration shall be writtenresponsible for all of the costs of the arbitration, including legal fees and binding on other costs specified by such Article 32. Nothing contained herein is intended to or shall be construed to prevent any Party, in accordance with Article 22(3) of the parties and may be entered as a judgment in Rules or otherwise, from applying to any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration jurisdiction for interim measures or other provisional relief in Delaware would create an undue burden for you, connection with the subject matter of any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementAgreement Disputes.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described aboveAny dispute, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYclaim or controversy based on, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, Executive’s employment or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available settled by final and binding arbitration in San Diego, California, before a court under law or single neutral arbitrator in equity. The arbitrator’s award shall be writtenaccordance with the JAMS Employment Arbitration Rules and Procedures (the “Rules”), and binding judgment on the parties and award rendered by the arbitrator may be entered as a judgment in any court having jurisdiction. Arbitration may be compelled pursuant to the California Arbitration Act (Code of Civil Procedure §§ 1280 et seq.). If the Parties are unable to agree upon an arbitrator, one shall be appointed by JAMS in accordance with its Rules. Each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case; provided, however, Executive and the Company agree that, to the extent permitted by law, the arbitrator may, in his or her discretion, award reasonable attorneys’ fees to the prevailing party; provided, further, that the prevailing party shall be reimbursed for such fees, costs and expenses within forty-five (45) days following any such award, but in no event later than the last day of the Executive’s taxable year following the taxable year in which the fees, costs and expenses were incurred; provided, further, that the Parties’ obligations pursuant to this sentence shall terminate on the tenth (10th) anniversary of the Termination Date. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, JAMS administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. This Section 9 is intended to be the exclusive method for resolving any and all claims by the Parties against each other for payment of damages under this Release or relating to Executive’s employment; provided, however, that neither this Release nor the submission to arbitration shall limit the Parties’ right to seek provisional relief, including without limitation injunctive relief, in any court of competent jurisdiction pursuant to California Code of Civil Procedure § 1281.8 or any similar statute of an applicable jurisdiction. You understand Seeking any such relief shall not be deemed to be a waiver of such party’s right to compel arbitration. Both Executive and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the Company expressly waive their right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementtrial.

Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from Customer’s address provided in connection with gaining access to the time Bioinformatics Offering is located outside of the commencement United States, then the following shall apply: In the event of any dispute between Customer and QIAGEN arising out of or in connection with this Agreement, the parties shall submit the dispute to binding arbitration in accordance with the Rules of (i) The parties shall request that the arbitrator conduct the arbitration proceeding in an expedited fashion in order to complete the proceeding and render a written decision within twelve months of the informal dispute resolution process described abovedate upon which the arbitration proceedings began. The Parties shall use their best efforts to cooperate with the arbitrator to complete the proceeding and render a decision within such twelve month period; (ii) The Arbitrator shall not under any circumstance consolidate, then either party may initiate binding join or otherwise combine the arbitration proceeding with any other proceeding or party, except by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year mutual consent of the claim arisingparties; and (iii) The arbitrator proceedings shall be governed by this Agreement, by the ICC, and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Arbitration Panel shall determine the matters at issue in the dispute in accordance with the substantive law of the State of California without regard to conflicts of laws principles. The arbitrator shall have exclusive the authority to resolve grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all disputes arising out of or relating other fees related to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration) in such equitable manner as the arbitrator may determine. The arbitrator prevailing party in the arbitration shall be empowered entitled to grant whatever relief would receive reimbursement of its reasonable expenses incurred in connection therewith. Judgment upon the award so rendered may be available entered in a court under law having jurisdiction or in equity. The arbitrator’s award shall be written, and binding on the parties and application may be entered as a judgment in made to such court for judicial acceptance of any court award and an order of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for youenforcement, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, case may be more limited or may also be waivedbe. Notwithstanding the parties’ decision to resolve all disputes through arbitrationforegoing, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you QIAGEN shall have the right to opt out institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and not damages shall only be bound awarded by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementarbitrator.

Arbitration. If All Disputes not resolved by good faith ----------- negotiations among the parties do not reach an agreed upon solution pursuant to Section 8.5(a) within a the prescribed time period of thirty (30) days from shall be submitted to, and determined by, arbitration. Such arbitration shall proceed in accordance with the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding then-current rules for arbitration established by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as ("AAA"), unless the sole means to resolve claims subject parties hereto mutually agree otherwise, and pursuant to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within following procedures: (i) The parties shall attempt in good faith to select from the AAA panel one (1) year arbitrator mutually acceptable to both parties sitting in the state of New York. If the parties fail to agree upon an arbitrator within fifteen (15) calendar days, an arbitrator shall be selected by AAA in pursuant to the procedures set forth in AAA Rules. The parties agree that for disputes involving $1 million or more exclusive of claimed interest, arbitration fees and costs, the procedures for "large complex commercial disputes" of the claim arisingAAA shall apply. In the event of a conflict, the provisions of this Agreement will control. (ii) Reasonable discovery shall be allowed in arbitration. (iii) All proceedings before the arbitrator shall be held in New York, New York. The governing law shall be that of California. (iv) The award rendered by the arbitrator shall be final and binding, and judgment may be entered in accordance with applicable law and in any court having jurisdiction thereof. (v) The award rendered by the arbitrator shall include (A) a provision that the prevailing party in such arbitration recover its costs relating to the arbitration and reasonable attorneys' fees from the other party, (B) the amount of such costs and fees, and (C) an order that the losing party pay the fees and expenses of the arbitrator. (vi) The arbitrator shall have exclusive authority to resolve all disputes arising out by the agreement of or relating to the interpretation, applicability, enforceability, or formation parties expressly be prohibited from awarding punitive damages in connection with any claim being resolved by arbitration hereunder. (vii) All aspects of this Agreement, including but not limited the arbitration shall be treated as confidential. Neither the parties nor the arbitrator may disclose to any claim that all third party the existence, content or any part results of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action except as necessary to enforce the award in state court or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy comply with legal or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementregulatory requirements.

Arbitration. If (a) In the parties do not reach an agreed upon solution within event mediation pursuant to Section 17 fails to resolve a period of thirty (30) days from dispute or controversy, Xx. Xxxx and Cost Plus agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the time of the commencement of the informal dispute resolution process described aboveinterpretation, then either party may initiate validity, construction, performance, breach, or termination thereof, shall be finally settled by binding arbitration to be held in Oakland, California under the National Rules for the Resolution of Employment Disputes supplemented by a single arbitrator before the Supplemental Procedures for Large Complex Disputes, of the American Arbitration Association using its Commercial Arbitration Rules as then in effect (the sole means “Rules”). The parties shall be entitled to resolve claims subject conduct discovery pursuant to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year California Code of the claim arisingCivil Procedure. The arbitrator may regulate the timing and sequence of such discovery and shall have exclusive authority to resolve all decide any discovery disputes arising out of or relating to controversies between the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationparties. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be writtenfinal, conclusive and binding on the parties and to the arbitration. Judgment may be entered as a judgment on the arbitrator’s decision in any court having jurisdiction. (b) The arbitrator(s) shall apply California law to the merits of competent jurisdictionany dispute or claim, without reference to rules of conflicts of law. (c) Unless otherwise provided for by law, Cost Plus will pay for any administrative or hearing fees of such arbitration, except that Xx. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, Xxxx shall pay the first $200.00 of any filing fees associated with any arbitration hearing will be held in DelawareXx. You understand and agree that by entering into this AgreementXxxx initiates. (d) XX. XXXX HAS READ AND UNDERSTANDS THIS SECTION, each party is waiving the right to a jury trial or a trial before a judge in a public courtWHICH DISCUSSES ARBITRATION. Other rights that you would have if you went to courtXX. XXXX UNDERSTANDS THAT BY SIGNING THIS AGREEMENT, such as the right to appeal and to certain types of discoveryXX. XXXX AGREES TO SUBMIT ANY CLAIMS ARISING OUT OF, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitrationRELATING TO, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patentsOR IN CONNECTION WITH THIS AGREEMENT, copyrightsOR THE INTERPRETATION, moral rightsVALIDITY, trademarksCONSTRUCTION, and trade secretsPERFORMANCE, but not privacy or publicity rights) or Confidential Information. FurthermoreBREACH OR TERMINATION THEREOF TO BINDING ARBITRATION, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementAND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF HIS RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF THE EMPLOYER/EMPLOYEE RELATIONSHIP.

Arbitration. If Any dispute (except for (a) patent and trademark disputes described in Section 15.3 and (b) disputes within the parties do decision making authority of the JDC as set forth in this Agreement) between the Parties that is not reach an agreed resolved by negotiation and/or escalation pursuant to Sections 15.1 shall, upon solution the submission of a written request by either Party to the other Party, be resolved exclusively by binding arbitration in California, U.S., before one (1) neutral arbitrator, unless either Party promptly requests a three (3)-person panel of arbitrators, in which event the three arbitrators shall be used. Any arbitration proceedings shall be conducted in accordance with the Rules of the American Arbitration Association, except to the extent that such rules are inconsistent with this Agreement, and shall be conducted in the English language. In the event of arbitration by three arbitrators, each Party shall select a neutral arbitrator, and shall notify the other Party of its selection of such arbitrator within a period of thirty (30) days from the time after receipt by one Party of the commencement other Party's written request for binding arbitration. The two arbitrators shall then mutually select a third neutral arbitrator in accordance with the Rules of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules Association. Each arbitrator shall be free of any subject matter conflict and conflict with a Party. The arbitrator(s) shall resolve the dispute in accordance with this Agreement and the substantive laws (without regard to conflict-of-law and choice-of-law principles thereof, and excluding the rules of procedure) of the State of California, U.S. The decision of the arbitrator(s) shall be final and shall be fully and irrevocably accepted by the Parties. The arbitrator(s) are empowered to award interim and final injunction and equitable relief but, except as the sole means to resolve claims subject to the terms expressly set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of in this Agreement, including but the arbitrator(s) are not limited empowered to award treble, punitive, exemplary or any other damages in excess of compensatory damages, and each Party irrevocably waives any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationrecover such damages. The arbitrator final award of the arbitrator(s) shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award the sole and exclusive remedy of the Parties, and shall be written, and binding on the parties and may be entered as a judgment enforceable in any court of competent jurisdiction. You understand and The Parties agree that unless you can demonstrate that they shall share equally the cost of the arbitration in Delaware would create an undue burden for you, any arbitration filing and hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarksfees, and trade secretsthe cost of the arbitrator(s). Each Party shall bear its own attorneys' fees and expert fees and all associated costs and expenses, but not privacy or publicity rightsprovided that the arbitrator(s) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out may award attorneys' fees to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of Party deemed by the date of this Agreementarbitrator(s) to be the Party substantially prevailing in the proceeding.

Arbitration. If The parties shall endeavor to settle all disputes by amicable negotiations. Except as otherwise provided herein, any claim, dispute, disagreement or controversy that arises between the parties do relating to this Agreement that is not reach an agreed upon solution amicably settled shall be resolved by arbitration, as follows: (a) Any such arbitration shall be heard in The City of New York, New York, before a panel consisting of one (1) to three (3) arbitrators, each of whom shall be impartial. Upon the written request of Arbitration of either party hereto to commence arbitration hereunder, the parties shall attempt to mutually agree as to the number and identity of the arbitrator(s), within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of such Request. Except as the parties may otherwise agree, all arbitrators (if not selected by the parties hereto within thirty (30) days of a written Request for Arbitration) shall be appointed pursuant to the commercial arbitration rules of the American Arbitration Association. In determining the number and appropriate background of the arbitrators, the appointing authority shall give due consideration to the issues to be resolved, but his or her decision as to the number of arbitrators and their identity shall be final. (b) An arbitration may be commenced by any party to this AgreementAgreement by the service of a written Request for Arbitration upon the other affected parties. Such Request for Arbitration shall summarize the controversy or claim to be arbitrated. (c) All attorneys' fees and costs of the arbitration shall in the first instance be borne by the respective party incurring such costs and fees, but the arbitrators shall have the discretion to award costs and/or attorneys' fees as they deem appropriate under the circumstances. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amount that in any way reflects punitive damages. (d) Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. (e) It is intended that controversies or claims submitted to arbitration under this Section 9.10 shall remain confidential, and to that end it is agreed by the parties that neither the facts disclosed in the arbitration, the issues arbitrated, nor the views or opinions of any persons concerning them, shall be disclosed to third persons at any time, except to the extent necessary to enforce an award or judgment or as required by law or in response to legal process or in connection with such arbitration. (f) Any arbitration under this Section 9.10 shall be conducted pursuant to the commercial arbitration rules of the American Arbitration Association.

Arbitration. If Other than Employer’s right to seek injunctive relief or specific performance as provided in this Agreement, the parties do not reach an agreed upon solution within a period agree to submit to the exclusive jurisdiction of thirty FINRA Dispute Resolution, Inc. (30“FINRA-DR”) days from or any successor organization or body thereto, for the time purposes of resolving any claim, dispute or controversy arising out of or relating to this Agreement, the interpretation thereof, and/or the employment relationship brought by any of the commencement parties hereto or their successors or assigns. The parties hereto hereby irrevocably agree to request of FINRA-DR that all claims in respect of such proceeding be heard and determined within the informal dispute resolution process described above, then either party may initiate binding city and state closest to the place of residence of Employee. A final award obtained in respect of such arbitration by a single arbitrator before proceeding will be conclusive upon the American Arbitration Association using its Commercial Arbitration Rules as parties to the sole means to resolve claims arbitration and not subject to judicial review, and the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must judgment thereon may be brought within one (1) year of entered in any appropriate state or federal court having jurisdiction over the claim arisingissues addressed in the arbitration. The arbitrator arbitration panel shall have the exclusive authority to resolve all disputes arising out of or any dispute relating to the interpretation, applicability, enforceability, enforceability or formation of this Agreementagreement to arbitrate, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a voidable and any claim is not subject to arbitration. Each of the parties to this Agreement hereby consents to service of process in connection with the subject matter specified above in accordance with the then applicable rules of FINRA-DR or any successor organization or body. The arbitrator prevailing party in such arbitration will be entitled to recover all reasonable attorneys’ fees, costs and expenses incurred by the prevailing party in such arbitration as a result of or in connection with such arbitration. For the avoidance of doubt, all attorneys’ fees, costs and expenses include, but are not limited to, responding to or addressing any pleadings, motions and correspondence, all preliminary or interim hearings, the final arbitration hearings, and all efforts by the prevailing party to confirm and enforce the final arbitration award, through and including the ultimate collection of monies from the non-prevailing party by the prevailing party through any legal means. All proceedings conducted pursuant to this Agreement to arbitrate, including any order, decision or award of the arbitration panel, shall be empowered kept confidential by all parties except to grant whatever relief would be available the extent such disclosure is required by law, by the rules of any applicable self-regulatory organization, in reporting or responding to requests of any federal or state regulatory authorities or self-regulatory authorities, including, without limitation, the Financial Industry Regulatory Authority, Inc., or in a court proceeding to enforce any rights under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreement.

Arbitration. If the The parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described aboveagree that any dispute, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial Arbitration Rules as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration controversy or claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement or the interpretationbreach thereof shall be submitted to and determined by arbitration in New York City or Nassau County, applicabilityNew York, enforceability, or formation pursuant to the rules of the American Arbitration Association. Unless otherwise provided in this Agreement, including but any Arbitration must be commenced within two years from the arising of the breach, dispute, controversy or claim. If not limited timely commenced, no arbitration or lawsuit may be commenced thereafter with regard to such matter nor may the same be asserted in any claim that all subsequent arbitration or any part lawsuit by way of this Agreement is void a counterclaim or voidable, or whether a claim is subject to arbitrationaffirmative defense. The arbitrator issues shall be empowered submitted to grant whatever relief would be available in a court under law or in equitythree impartial arbitrators selected from panels of arbitrators of the said association. The arbitrator’s award majority decision of the arbitrators shall be written, and sufficient. Any award rendered shall be binding on upon the parties and judgment upon such award may be entered as a judgment in any court of competent jurisdiction. You understand The arbitrators shall have the power to award a decree of specific performance, punitive damages, temporary or permanent injunctive relief or any other legal or equitable remedy and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for yousaid award shall be binding upon the parties as though decreed by a court of competent jurisdiction. In addition, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the arbitrators shall retain the right to a jury trial award equitable relief in order to carry out the provisions of this Agreement and/or to effectuate the mechanisms set forth in this Agreement. However, the decisions and rulings of the arbitrators must be in writing setting forth findings of fact and law and shall be consistent with and limited to the terms of this Agreement. Any decree or a trial before a judge finding inconsistent with this Agreement may be challenged by any party in a public courtcourt of competent jurisdiction. Other rights that you would All costs, expenses and fees of the arbitration and attorneys' fees shall be paid as directed by the arbitrators, who shall have if you went the power to courtaward the prevailing party all attorneys' fees, such as costs and expenses. Each party shall bear its own costs, fees and expenses not awarded by the right to appeal and to certain types of discovery, may be more limited or may also be waivedarbitrators. Notwithstanding anything to the parties’ decision to resolve all disputes through arbitrationcontrary contained in this Article, either any party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you shall have the right to opt out apply to a court of competent jurisdiction for and not be bound by these arbitration provisions by sending written notice to obtain a temporary restraining order and/or injunctive relief in order the prevent or ameliorate irreparable damage pending the commencement and outcome of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementarbitration.

Arbitration. If Any dispute between the parties do not reach an agreed upon solution within a period concerning the interpretation, application or claimed breach of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate binding this Agreement shall be settled exclusively by arbitration conducted by a single arbitrator before in (i) Arlington, Virginia, or (ii) any other location as may be mutually agreed by the American Arbitration Association using parties in writing. The arbitration shall be administered by the JAMS dispute resolution service pursuant to its Commercial Arbitration Rules rules for resolving employment disputes in effect at the time of submission to arbitration. Should any party pursue any dispute by any method other than arbitration as provided for in this Section 18(b), the sole means responding party will be entitled, unless prohibited by law, to resolve claims subject recover from the initiating party the following: all damages, costs, expenses, and attorney’s fees incurred as a result of the action. Notwithstanding the foregoing, and consistent with JAMS, either party may petition a court for temporary, preliminary, or emergency injunctive relief pending arbitration. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. For purposes of entering any judgment upon an award rendered by the arbitrator, the Company and Employee hereby consent to the terms jurisdiction of any or all of the following courts: (i) the United States District Court for the Eastern District of Virginia or (ii) any other court having competent jurisdiction. The Company and Employee further agree that any service of process or notice requirements in any such proceeding shall be satisfied if the rules of such court relating thereto have been substantially satisfied. The Company and Employee hereby waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to such jurisdiction and any defense of inconvenient forum. The Company and Employee hereby agree that a judgment upon an award rendered by the arbitrator may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Except as otherwise set forth belowabove, each party shall bear its, his or her costs and expenses arising in connection with any arbitration proceeding pursuant to this Section 18(b); provided that the arbitrator may award attorneys’ fees and costs to the prevailing party. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITYNotwithstanding the foregoing, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must claims brought by the Company under Section 1(g)(i) may be brought within one (1) year in any state or federal court of competent jurisdiction without complying with the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out arbitration procedures of or relating this Section 18(b), and Employee agrees and submits to the interpretation, applicability, enforceability, jurisdiction of any such court for such claims. Nothing in this Agreement shall be construed to prohibit Employee from filing any charge or formation of this Agreementcomplaint or participating in any investigation or proceeding conducted by an administrative agency, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this AgreementNational Labor Relations Board.

Arbitration. If (i) Except as otherwise provided in this Agreement, any dispute or controversy between the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the commencement of the informal dispute resolution process described above, then either party may initiate Employer and you will be settled by final and binding arbitration by a single arbitrator before to be held in the American Arbitration Association using its Commercial Arbitration Rules city in which you were last employed by the Employer, unless the Employer and you agree otherwise, in accordance with the JAMS rules for resolution of employment disputes then in effect, except as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arisingprovided in this Section 11(k). The arbitrator shall the parties select will have the authority to grant any party all remedies otherwise available by law, but will not have the power to grant any remedy that would not be available in a state or federal court in the jurisdiction in which the arbitration is being held. Either party may seek court intervention in a dispute for interim equitable relief in a court of competent subject matter jurisdiction located within the city in which you were last employed by the Employer, but the resort to interim equitable relief will be pending and in aid of arbitration only, and in such cases the trial on the merits of the action will occur in front of, and will be decided by, the arbitrator, who will have the same ability to order legal or equitable remedies as could a court of general jurisdiction. The arbitrator will have the authority to hear and rule on dispositive motions (such as motions for summary adjudication or summary judgment) and has the exclusive authority to resolve all disputes arising out of or any dispute relating to the interpretation, applicability, enforceability, enforceability or formation of this Agreementagreement to arbitrate claims, including but not limited to any claim that all or any part of this Agreement agreement is void or voidable. This agreement to arbitrate applies to all claims that the Employer may have against you or that you may have against the Employer or the Employer’s current and former officers, directors, employees, representatives and agents, and/or all entities affiliated with the Employer, as well as the current and former officers, directors, employees, representatives and agents of those affiliates. This arbitration obligation shall not prohibit the Employer or you from filing a claim with an administrative agency, nor does it apply to claims for workers’ compensation or unemployment benefits, claims for benefits under an employee welfare or pension plan that specifies a different dispute resolution procedure, or whether claims which, by law, cannot be compelled to binding arbitration via private agreement. (ii) Notwithstanding anything to the contrary in the rules of JAMS, the arbitration shall provide (a) for written discovery and depositions as provided under the Federal Rules of Civil Procedure and (b) for a claim written decision by the arbitrator that includes the essential findings and conclusions upon which the decision is subject to arbitrationbased which must be issued no later than thirty (30) days after a dispositive motion is heard or an arbitration hearing has completed. The Employer will pay the fees and administrative costs charged by the arbitrator and JAMS; provided, however, that if you initiate the arbitration, you must initiate it by paying to JAMS an amount equal to the filing fee for the state court of general jurisdiction in the state in which you were last employed by the Employer. (iii) Either party will have the same amount of time to file any claim against any other party as it would have if the claim had been filed in state or federal court in the city in which you were last employed by the Employer. In conducting the arbitration, the arbitrator shall follow the Federal Rules of Evidence (including but not limited to all applicable privileges). (iv) The arbitrator must be empowered experienced in employment law. He or she will be selected by the mutual agreement of the parties. If the parties cannot agree on an arbitrator, the parties will alternately strike names from a list provided by JAMS until only one name remains. If a JAMS arbitrator is not available to grant whatever relief would conduct an arbitration in the city in which you last worked for the Employer, then another similar arbitration service provider will be available selected by the mutual agreement of the parties (and all references to JAMS in a court under law or in equity. this Section 11(k) will be deemed to be references to that arbitration service provider). (v) The arbitrator’s award shall decision of the arbitrator will be writtenfinal, conclusive and binding on the parties to the arbitration. The prevailing party in the arbitration, as determined by the arbitrator, shall be entitled to recover his or its reasonable attorneys’ fees, experts’ fees and costs, including the costs or fees charged by the arbitrator and JAMS, in addition to such other relief as may be granted, under the standards provided by law for awarding such fees and costs applicable to the claims asserted. Judgment may be entered as a judgment on the arbitrator’s decision in any court of competent having jurisdiction. (vi) You understand that your and the Employer’s agreement to arbitrate all disputes means that both you and the Employer are waiving your right to file a court action, except for requests for injunctive relief pending arbitration. You also understand that both you and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, the Employer are giving up any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreementtrial.

Arbitration. If All actions or proceedings arising in connection with, touching upon or relating to this Agreement between the parties do not reach an agreed upon solution within a period of thirty (30) days from parties, the time breach thereof and/or the scope of the commencement provisions of this Section 13 (a “Proceeding”) shall be submitted to the informal dispute resolution process described above, then either party may initiate Judicial Arbitration and Mediation Service or its successor (“JAMS”) for binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over ***** or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is ***** (as applicable, the “Rules”) to be held solely in Los Angeles, California, U.S.A., in the English language in accordance with the provisions below. 13.1 Each arbitration shall be conducted by an arbitral tribunal (the “Arbitral Board”) consisting of a single arbitrator before who shall be an attorney or a retired judge with at least ten (10) years experience in commercial matters and the American Arbitration Association using its Commercial Arbitration Rules motion picture industry or the television industry, as the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitrationapplicable. The arbitrator shall be empowered mutually agreed upon by the parties. If the parties are unable to grant whatever relief would agree on an arbitrator, the arbitrator shall be available appointed by JAMS. The Arbitral Board shall assess the cost, fees and expenses of the arbitration against the losing party, and the prevailing party in any arbitration or legal proceeding relating to this letter agreement shall be entitled to all reasonable expenses (including reasonable attorney’s fees). Notwithstanding the foregoing, the Arbitral Board may require that such fees be borne in such other manner as the Arbitral Board determines is required in order for this arbitration clause to be enforceable under Applicable Law. The parties shall be entitled to conduct discovery in accordance with Section 1283.05 of the California Code of Civil Procedure; provided that (i) the Arbitral Board must authorize all such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances; and (ii) discovery shall be limited to depositions and production of documents unless the Arbitral Board finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. 13.2 There shall be a record of the proceedings at the arbitration hearing and the Arbitral Board shall issue a Statement of Decision setting forth the factual and legal basis for the Arbitral Board’s decision. If neither party gives written notice requesting an appeal within ***** after the issuance of the Statement of Decision, the Arbitral Board’s decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the Los Angeles County Superior Court or such other court having jurisdiction over the parties for confirmation and enforcement of the award. If either party gives written notice requesting an appeal within ***** after the issuance of the Statement of Decision, the award of the Arbitral Board shall be appealed to three neutral arbitrators (the “Appellate Arbitrators”), each of whom shall have the same qualifications and be selected through the same procedure as the Arbitral Board. The appealing party shall file its appellate brief within ***** after its written notice requesting the appeal and the other party shall file its brief within ***** thereafter. The Appellate Arbitrators shall thereupon review the decision of the Arbitral Board (applying the same standards of review and all of the same presumptions) as if the Appellate Arbitrators were a California Court of Appeals reviewing a judgment of the Los Angeles County Superior Court, except that the Appellate Arbitrators shall in all cases issue a final award and shall not remand the matter to the Arbitral Board. The decision of the Appellate Arbitrators shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the Los Angeles County Superior Court or such other court having jurisdiction over the parties, which may be made ex parte, for confirmation and enforcement of the award. The party appealing the decision of the Arbitral Board shall pay all costs and expenses of the appeal, including the fees of the Appellate Arbitrators and the reasonable outside attorneys’ fees of the opposing party, unless the decision of the Arbitral Board is reversed, in which event the costs, fees and expenses of the appeal shall be borne as determined by the Appellate Arbitrators. 13.3 Subject to a party’s right to appeal pursuant to the above, neither party shall challenge or resist any enforcement action taken by the party in whose favor the Arbitral Board, or if appealed, the Appellate Arbitrators, decided. The Arbitral Board (or the Appellate Arbitrators, if applicable) shall have the power to enter temporary restraining orders, preliminary and permanent injunctions. Neither party shall be entitled or permitted to commence or maintain any action in a court under of law or with respect to any matter in equity. The arbitratordispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the Arbitral Board’s award shall be written(or if appealed, and binding on the parties and may be entered as a judgment in Appellate Arbitrators’ award); provided, however, that prior to the appointment of the Arbitral Board (or if appealed, the Appellate Arbitrators) or for remedies beyond the jurisdiction of an arbitrator, at any court of competent jurisdiction. You understand and agree that unless you can demonstrate that arbitration in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitrationtime, either party may bring an action seek pendente lite relief in state a court of competent jurisdiction in Los Angeles County, California or federal such other court to protect that may have jurisdiction over the parties, without thereby waiving its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not arbitration of the dispute or controversy under this section. All arbitration proceedings (including, without limitation, proceedings before the Appellate Arbitrators) shall be bound by these arbitration provisions by sending written notice of your decision to opt out closed to the following address public and confidential and all records relating thereto shall be permanently sealed, 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days except as necessary to obtain court confirmation of the date arbitration award. The provisions of this AgreementSection 13.3 shall supersede any inconsistent provisions of any prior agreement between the parties. Nothing in this Section 13.3 shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph, subject to the terms of this Section 13.3.

Arbitration. If The parties waive their rights to seek remedies in court, including any right to a jury trial. The parties agree that any dispute between or among any of the parties do not reach an agreed upon solution within a period arising out of, relating to or in connection with this Agreement or the Account, including the determination of thirty (30) days from the scope and applicability of the agreement to arbitrate, shall be resolved exclusively through binding arbitration conducted under the auspices of JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitration hearing shall be held in the county and state of the principal office of Wealthfront at the time the dispute arises. Disputes shall not be resolved in any other forum or venue. The arbitration shall be conducted by a retired judge who is experienced in resolving disputes regarding the securities business. The parties agree that the arbitrator shall apply the substantive law of California to all state law claims, that limited discovery shall be conducted in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures, and that the arbitrator may not award punitive or exemplary damages, unless (but only to the extent that) such damages are required by statute to be an available remedy for any of the commencement of the informal dispute resolution process described above, then either party may initiate binding arbitration by a single arbitrator before the American Arbitration Association using its Commercial specific claims asserted. In accordance with JAMS’ Comprehensive Arbitration Rules as and Procedures, the sole means to resolve claims subject to the terms set forth below. YOU AGREE THAT ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARIBTRATION RATHER THAN IN COURT AND ATHAT YOU WILL ARBITRATE WITH US ONLY IN YOUR INDIVIDUAL OR CORPORATE CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS. Any arbitration claim must be brought within one (1) year of the claim arising. The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall consist of a written statement as to the disposition of each claim and the relief, if any, awarded on each claim. The award shall not include or be writtenaccompanied by any findings of fact, conclusions of law or other written explanation of the reasons for the award. The parties understand that the right to appeal or to seek modification of any ruling or award by the arbitrator is severely limited under state and federal law. Any award rendered by the arbitrator shall be final and binding, and binding on the parties and judgment may be entered as a judgment on it in any court of competent jurisdictionjurisdiction in the county and state of the principal office of Wealthfront at the time the award is rendered or as otherwise provided by law. You understand The parties shall maintain the confidential nature of the arbitration proceeding and agree that unless you can demonstrate that arbitration the award, including when seeking to confirm or vacate the award in Delaware would create an undue burden for you, any arbitration hearing will be held in Delaware. You understand and agree that by entering into this Agreement, each party is waiving the right to a jury trial or a trial before a judge in a public court. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited unless otherwise required by law or may also be waived. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (meaning patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or Confidential Information. Furthermore, you have the right to opt out and not be bound by these arbitration provisions by sending written notice of your decision to opt out to the following address , 00 X. Xxxxxx Street, Raleigh, North Carolina, 27601, within 30 days of the date of this Agreement.judicial decision..