Common use of Binding Arbitration Clause in Contracts

Binding Arbitration. YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.

Binding Arbitration. YOU AND TREND MICRO AGREE Your Account is being made available by us on the basis of your acceptance of the following arbitration clause. By opening your Account, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement. ARBITRATION NOTICE THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT CLAIM RELATING TO RESOLVE THE DISPUTE WILL YOUR ACCOUNT MAY BE CONDUCTED EXCLUSIVELY RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES SET FORTH BELOWARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND ACKNOWLEDGE EXPRESSLY WAIVE ANY RIGHT THAT BY AGREEING YOU MAY HAVE TO BINDING ARBITRATIONARBITRATE A CLASS ACTION. IF EITHER PARTY CHOOSES TO ARBITRATE A CLAIM, YOU ARE GIVING UP NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE (THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH CLAIM. Any claim, dispute, or controversy (“Claim”) arising out of or relating in any way to: (i) this Agreement; (ii) the Account; (iii) your acquisition of the Account; (iv) your use of the Account; (v) the amount of available funds in the Account; (vi) advertisements, promotions or oral or written statements related to the Account, as well as goods or services purchased with the Account; (vii) the benefits and services related to the Account; or (viii) transactions made using the Account, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1-16). As in court, the arbitrator may impose sanctions on any represented party or counsel permitted under AAA Rules, Federal Rules of Civil Procedure 11(b), or any other applicable federal or state law. We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence. ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE. For a copy of the procedures, to file a Claim or for other information about this organization, contact it at: AAA, 000 Xxxxxxx Xxxxxx, Xxx Xxxx, XX 00000, or at xxx.xxx.xxx. All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A PARTY CLAIM OF ANOTHER PERSON OR CLASS MEMBEROF CLAIMANTS SHALL BE ALLOWABLE. NO ARBITRATOR SHALL HAVE THE AUTHORITY TO ISSUE ANY RELIEF THAT APPLIES TO ANY PERSON OR ENTITY OTHER THAN YOU INDIVIDUALLY. This arbitration provision shall survive: (i) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S the termination of the Agreement; (OR ANY OF YOUR OR TREND MICRO’S LICENSORSii) INTELLECTUAL PROPERTY RIGHTS.the bankruptcy of any party;

Binding Arbitration. YOU ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING (WITHOUT LIMITATION) THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, OR ANY OTHER DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF ANY INTERACTION BETWEEN THE COMPANY AND TREND MICRO AGREE THAT IF YOU A MEMBER, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BE DETERMINED BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE COUNTY OF JEFFERSON, STATE OF COLORADO, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES SET FORTH BELOW(IF THE AMOUNT IN CONTROVERSY EXCEEDS $250,000) OR ITS STREAMLINED ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY IS LESS THAN OR EQUAL TO $250,000). YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING IF THE ARBITRATION IS A CLASS ARBITRATION, YOU ARE GIVING UP THE RIGHT AGGREGATE AMOUNT, OF THE PURPORTED CLAIMS OF ALL PUTATIVE CLASS MEMBERS, SHALL BE USED TO LITIGATE (OR PARTICIPATE DETERMINE WHICH RULES APPLY. JUDGMENT ON THE AWARD MAY BE ENTERED IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH HAVING JURISDICTION OVER THE THEREOF. THIS CLAUSE SHALL NOT PRECLUDE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARDFROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. THE ONLY DISPUTES NOT COVERED BY THE PREVAILING PARTY IN ANY DISPUTE, CLAIM OR CONTROVERSY HEREUNDER SHALL BE ENTITLED TO RECOVER ITS COSTS OF ARBITRATION AND REASONABLE ATTORNEYS’ FEES THEREOF. LIMITED LIABILITY COMPANY OPERATING AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCINGPFG Fund V, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.LLC

Binding Arbitration. YOU ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING (WITHOUT LIMITATION) THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, OR ANY OTHER DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF ANY INTERACTION BETWEEN THE COMPANY AND TREND MICRO AGREE THAT IF YOU A MEMBER, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BE DETERMINED BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE COUNTY OF JEFFERSON, STATE OF COLORADO, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES SET FORTH BELOW(IF THE AMOUNT IN CONTROVERSY EXCEEDS $250,000) OR ITS STREAMLINED ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY IS LESS THAN OR EQUAL TO $250,000). YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING IF THE ARBITRATION IS A CLASS ARBITRATION, YOU ARE GIVING UP THE RIGHT AGGREGATE AMOUNT, OF THE PURPORTED CLAIMS OF ALL PUTATIVE CLASS MEMBERS, SHALL BE USED TO LITIGATE (OR PARTICIPATE DETERMINE WHICH RULES APPLY. JUDGMENT ON THE AWARD MAY BE ENTERED IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH HAVING JURISDICTION OVER THE THEREOF. THIS CLAUSE SHALL NOT PRECLUDE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARDFROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT PREVAILING PARTY IN ANY DISPUTE, CLAIM OR CONTROVERSY HEREUNDER SHALL BE ENTITLED TO NEGOTIATE INFORMALLY RECOVER ITS COSTS OF ARBITRATION AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSREASONABLE ATTORNEYS’ FEES THEREOF.

Binding Arbitration. YOU AND TREND MICRO I AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE THAT, UPON ELECTION BY INFORMAL NEGOTIATION AS SET FORTH ABOVEEITHER PARTY, ANY EFFORT DISPUTE, CLAIM, OR CONTROVERSY ARISING FROM OR RELATING IN ANY WAY TO RESOLVE THIS AGREEMENT, MY PARTICIPATION IN THE DISPUTE TRIP OR THE ACTIVITIES, AND/OR CLAIMS OR EXPOSURE TO COVID-19 OR ANY OTHER COMMUNICABLE OR INFECTIOUS DISEASE ON MY TRIP, NOW OR IN THE FUTURE, WILL BE CONDUCTED EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. CLAIMS SUBJECT TO ARBITRATION IN ACCORDANCE WITH INCLUDE COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR ANY OTHER CLAIM, WHATEVER THE ARBITRATION PROCEDURES SET FORTH BELOWCAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF). YOU UNDERSTAND AND I ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED ARBITRATION REPLACES MY RIGHT TO GO TO COURT AND TO HAVE A DISPUTE HEARD BEFORE A NEUTRAL ARBITRATORJURY OR A COURT. I ALSO AGREE TO ARBITRATE ANY DISPUTE WITH YOU ON AN INDIVIDUAL BASIS ONLY AND WAIVE ANY RIGHT TO PURSUE ANY ARBITRATION ON A CLASS BASIS OR OTHER REPRESENTATIVE OR COLLECTIVE BASIS. I ALSO AGREE THAT NO ARBITRATION CAN BE COMBINED WITH ANOTHER ARBITRATION WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO THE ARBITRATION. The arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, WHOSE DECISION WILL BE BINDING AND FINALapplicability, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACTor enforceability of these terms or the formation of this Agreement, including the arbitrability of any dispute and any claim that all or any part of this Agreement is void or voidable. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARDThe arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCINGArbitration will be administered by JAMS Mediation, PROTECTINGArbitration and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at xxx.xxxxxxx.xxx or 0-000-000-0000. Arbitration may be conducted in person, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in the State of Florida; provided, however, that if circumstances prevent me from traveling to the State of Florida, JAMS may hold an in-person hearing in my hometown area. You and I agree to submit to the exclusive jurisdiction of the federal or state courts located in the State of Florida in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to me individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy my individual claim. In accordance with the JAMS Rules, the party initiating the arbitration (OR ANY OF YOUR OR TREND MICRO’S LICENSORSeither me or You) INTELLECTUAL PROPERTY RIGHTSis responsible for paying the filing fee. However, if the arbitrator issues me an award of damages and: (a) that award is greater than the amount of Your last written settlement offer; or (b) if You did not make a settlement offer, then in addition to paying for any JAMS case management fees and all professional fees for the arbitrator’s services, You will reimburse me for the filing fees I incurred. Except as provided above with respect to jurisdiction in the State of Florida, I agree that nothing in this arbitration provision shall be construed as consent by You to the jurisdiction of any other court with regard to disputes, claims, or controversies unrelated to this agreement. This consent to binding arbitration evidences a transaction in interstate commerce, and thus the Federal Arbitration Act, 9 U.S.C. §§ 1-16, exclusively governs its interpretation and enforcement. My consent to arbitrate will survive this Agreement’s termination. If any portion of this binding arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

Binding Arbitration. YOU AND TREND MICRO AGREE EACH PARTY TO THIS AGREEMENT AGREES THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE OR CONTROVERSY ARISING BETWEEN ANY OF THE PARTIES TO THIS AGREEMENT, OR ANY PERSON OR ENTITY IN PRIVITY THEREWITH, OUT OF THE TRANSACTIONS EFFECTED AND RELATIONSHIPS CREATED PURSUANT TO THIS AGREEMENT AND EACH OTHER AGREEMENT CREATED IN CONNECTION HEREWITH, INCLUDING ANY DISPUTE OR CONTROVERSY REGARDING THE FORMATION, TERMS, OR CONSTRUCTION OF THIS AGREEMENT, REGARDLESS OF KIND OR CHARACTER, MUST BE RESOLVED THROUGH BINDING ARBITRATION. EACH PARTY TO THIS AGREEMENT AGREES TO SUBMIT SUCH DISPUTE OR CONTROVERSY TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN DALLAS, TEXAS, AND FURTHER AGREES TO BE BOUND BY INFORMAL NEGOTIATION AS SET FORTH ABOVETHE DETERMINATION OF ANY ARBITRATOR OR ARBITRATION PANEL EMPANELED BY THE AMERICAN ARBITRATION ASSOCIATION TO ADJUDICATE THE DISPUTE. JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. ANY PARTY TO THIS AGREEMENT MAY BRING AN ACTION, INCLUDING A SUMMARY OR EXPEDITED PROCEEDING, TO COMPEL ARBITRATION OF ANY EFFORT TO RESOLVE SUCH DISPUTE OR CONTROVERSY IN A COURT OF COMPETENT JURISDICTION AND, FURTHER, MAY SEEK PROVISIONAL OR ANCILLARY REMEDIES INCLUDING TEMPORARY OR INJUNCTIVE RELIEF IN CONNECTION WITH SUCH DISPUTE OR CONTROVERSY IN A COURT OF COMPETENT JURISDICTION, PROVIDED THAT THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY OR CONTROVERSY IS ULTIMATELY RESOLVED THROUGH BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH BELOW. YOU UNDERSTAND TERMS AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT CONDITIONS OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSTHIS SECTION.

Binding Arbitration. YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO (A) ANY CONTROVERSY OR CLAIM BETWEEN OR AMONG THE PARTIES HERETO, INCLUDING BUT NOT RESOLVE LIMITED TO, THOSE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE NOTES OR THE SECURITY INSTRUMENTS, INCLUDING ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVECLAIM OR CONTROVERSY OF ANY KIND BASED ON OR ARISING IN TORT, ANY EFFORT TO RESOLVE THE DISPUTE WILL SHALL BE CONDUCTED EXCLUSIVELY DETERMINED BY BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION PROCEDURES ACT (OR IF NOT APPLICABLE, APPLICABLE STATE LAW), THE RULES OF PRACTICE AND PROCEDURE FOR THE ARBITRATION OF COMMERCIAL DISPUTES OR JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("J.A.M.S."), AND THE RULES SET FORTH IN SECTION 12.17(B) BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATIONIN THE EVENT OF ANY INCONSISTENCY, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE RULES SET FORTH IN AS A PARTY OR CLASS MEMBERSECTION 12.17(B) ALL DISPUTES BELOW SHALL CONTROL. JUDGMENT UPON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACTHAVING JURISDICTION. ANY PARTY TO THE NOTES OR ANY OTHER SECURITY INSTRUMENT MAY BRING AN ACTION, INCLUDING A SUMMARY OR EXPEDITED PROCEEDING, TO COMPEL ARBITRATION OR ANY CONTROVERSY OR CLAIM TO WHICH EITHER THE NOTES, THIS AGREEMENT OR ANY OTHER SECURITY INSTRUMENT APPLIES IN ANY COURT WITH HAVING JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSSUCH ACTION.

Binding Arbitration. YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE (a) Except as provided in Section 6(f), any controversy, dispute or claim arising out of or relating to the interpretation, performance or breach of this Agreement, or Xx. Xxxxx'x employment or termination of employment hereunder, shall be resolved by binding arbitration, in accordance with the Mutual Agreement to Arbitrate Claims, attached hereto as Exhibit C. TO THE EXTENT PERMITTED tJNDER APPLICABLE LAW, WITH RESPECT TO ANY DISPUTE ARISING tTNDER OR IN CO!\'NECTION WITH THIS AGREEMENT OR ANY RELATED AGREEMENT, EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHTS IT MAY HAVE TO DEMAND A JURY TRIAL. THIS WAIVER IS KNOWINGLY, INTENTIONALLY AND VOLUNTARILY MADE BY INFORMAL NEGOTIATION AS SET FORTH ABOVETHE PARTIES, AND EACH PARTY ACKNOWLEDGES THAT NEITHER THE OTHER PARTY NOR ANY EFFORT PERSON ACTING ON BEHALF OF THE OTHER PARTIES HAS MADE ANY REPRESENTATION OF FACT TO RESOLVE INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANYWAY TO MODIFY OR NULLIFY ITS EFFECT. THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH BELOW. YOU UNDERSTAND AND PARTIES EACH FURTHER ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE THEY HAVE BEEN REPRESENTED (OR PARTICIPATE HAVE HAD THE OPPORTUNITY TO BE REPRESENTED) IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES THE SIGNING OF THIS AGREEMENT AND IN COURT BEFORE A JUDGE OR JURYTHE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, SELECTED OF ITS OWN FREE WILL AND HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE EACH FURTHER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE ARBITRATOR'S AWARDMEANING AND RAMIFICATIONS OF THIS WAIVER PROVISION. ACKNOWLEDGEMENT: WE HAVE READ AND UNDERSTAND THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT FOREGOING PROVISION AND HEREBY IRREVOCABLY WAIV ALL OF OUR RIGHTS TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCINGDEMAND A JURY TRIAL HERE R. Company'Initials Xx. Xxxxx'x Initials of this Agreement, PROTECTINGor the application of the unenforceable provision to other persons or circumstances, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSwill not be affected thereby. If any provision of this Agreement, or any part thereof, is held to be unenforceable because of the scope or duration of or the area covered by that provision, the court making that determination shall reduce the scope, duration of or area covered by that provision or otherwise amend the provision to the minimum extent necessary to make that provision enforceable to the fullest extent permitted by law.

Binding Arbitration. YOU BUYER AND TREND MICRO SELLER AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE EXCEPT FOR ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH CLAIM ARISING OUT OF BUYER’S FAILURE TO PAY SELLER THE TOTAL PURCHASE PRICE DESCRIBED ABOVE, ANY EFFORT CLAIM (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATED TO RESOLVE THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT (INCLUDING ANY DISPUTE WILL REGARDING THE INTERPRETATION OF THIS ARBITRATION CLAUSE) SHALL BE CONDUCTED EXCLUSIVELY SUBMITTED TO AND FINALLY RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE CALIFORNIA ARBITRATION PROCEDURES ACT (CODE OF CIVIL PROCEDURE §1280 et seq.). NOTWITHSTANDING THE DISCOVERY PROVISIONS SET FORTH BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATIONTHEREIN, YOU ARE GIVING UP EACH PARTY SHALL HAVE THE RIGHT TO LITIGATE (OR PARTICIPATE CONDUCT DISCOVERY AS IF THE MATTER WAS A CIVIL ACTION PENDING IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCALIFORNIA SUPERIOR COURT. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL ANY AWARD RENDERED SHALL BE BINDING AND FINALFINAL AND MAY BE ENTERED AS A JUDGMENT UPON APPLICATION TO THE COURT. THE ARBITRATION HEARING WILL BE CONDUCTED IN THE COUNTY WHERE SELLER IS LOCATED. THE COSTS OF THE ARBITRATION AND ARBITRATOR’S FEES SHALL BE BORNE INITIALLY BY THE PARTIES. HOWEVER, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER SUCH COSTS AND FEES WILL BE SUBJECT TO RE-ALLOCATION BY THE FEDERAL ARBITRATION ACTARBITRATOR IN THE AWARD. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE ARBITRATOR SHALL AWARD REASONABLE ATTORNEYS' FEES AND COSTS, INCLUDING THE ARBITRATOR'S AWARDFEES AND EXPERT FEES, TO THE PREVAILING PARTY. THE ONLY DISPUTES NOT COVERED NEITHER BUYER NOR SELLER SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTINGOR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR CONCERNING THE VALIDITY ARBITRATE ANY CLAIM AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. NOTE: BY SIGNING THIS AGREEMENT XXXXX IS AGREEING TO HAVE ANY OF YOUR DISPUTED ISSUE DECIDED BY BINDING, NEUTRAL ARBITRATION AND BUYER IS GIVING UP BUYER’S RIGHT TO A JURY OR TREND MICRO’S COURT TRIAL. (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSInitials).

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR -------------------- RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES RULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. ANY SUCH ARBITRATION SHALL BE CONCLUDED WITHIN 120 DAYS OF INITIATION OF THE ARBITRATION. IN ANY ARBITRATION UNDER THIS PARAGRAPH, ANY AND ALL RULES OF DISCOVERY SET FORTH BELOWIN THE TEXAS RULES OF CIVIL PROCEDURE SHALL BE APPLICABLE. YOU UNDERSTAND EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND ACKNOWLEDGE CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEADEXECUTED by the undersigned as of the Effective Date set forth above. PETROSEARCH ENERGY CORPORATION By: /s/ Richard D. Dole ------------------------------------------ Richard D. Dole, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.President and XXX /s/ Bradley J. Simmons --------------------------------------------- [CONSULTANT SIGNATURE] Printed Name: BRADLEY J. SIMMONS

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES SET FORTH BELOWRULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. YOU UNDERSTAND THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND ACKNOWLEDGE MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEADEXECUTED by the undersigned as of the Effective Date set forth above. SIGNATURES APPEAR ON FOLLOWING PAGE PETROSEARCH ENERGY CORPORATION By: /s/ Xxxxxxx X. Xxxx Xxxxxxx X. Xxxx, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.President & CEO /s/ XXXXX XXXXXXXX XXXXX XXXXXXXX

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES SET FORTH BELOWRULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. YOU UNDERSTAND THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND ACKNOWLEDGE MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEADEXECUTED by the undersigned as of the Effective Date set forth above. SIGNATURES APPEAR ON FOLLOWING PAGE PETROSEARCH ENERGY CORPORATION By: /s/ Xxxxx Xxxxxxx Xxxxx Xxxxxxx, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.Chief Financial Officer /s/ XXXXXXX X. XXXX XXXXXXX X. XXXX

Binding Arbitration. YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO (A) ANY CONTROVERSY OR CLAIM BETWEEN OR AMONG THE PARTIES HERETO INCLUDING BUT NOT RESOLVE LIMITED TO THOSE ARISING OUT OF OR RELATING TO THE NOTES OR THE SECURITY INSTRUMENTS, INCLUDING ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVECLAIM OR CONTROVERSY OF ANY KIND BASED ON OR ARISING IN TORT, ANY EFFORT TO RESOLVE THE DISPUTE WILL SHALL BE CONDUCTED EXCLUSIVELY DETERMINED BY BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION PROCEDURES ACT (OR IF NOT APPLICABLE, APPLICABLE STATE LAW), THE RULES OF PRACTICE AND PROCEDURE FOR THE ARBITRATION OF COMMERCIAL DISPUTES OR JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("J.A.M.S.") AND THE RULES SET FORTH IN SECTION 9.13(B) BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATIONIN THE EVENT OF ANY INCONSISTENCY, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE RULES SET FORTH IN AS A PARTY OR CLASS MEMBERSECTION 9.13(B) ALL DISPUTES BELOW SHALL CONTROL. JUDGMENT UPON ANY ARBITRATION CREDIT AGREEMENT August 29, 1996 AWARD MAY BE ENTERED IN ANY COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACTHAVING JURISDICTION. ANY PARTY TO THE NOTES OR THE SECURITY INSTRUMENTS MAY BRING AN ACTION, INCLUDING A SUMMARY OR EXPEDITED PROCEEDING, TO COMPEL ARBITRATION OF ANY CONTROVERSY OR CLAIM TO WHICH EITHER THE NOTES, OR ANY SECURITY INSTRUMENT APPLIES IN ANY COURT WITH HAVING JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSSUCH ACTION.

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR -------------------- RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES RULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. ANY SUCH ARBITRATION SHALL BE CONCLUDED WITHIN 120 DAYS OF INITIATION OF THE ARBITRATION. IN ANY ARBITRATION UNDER THIS PARAGRAPH, ANY AND ALL RULES OF DISCOVERY SET FORTH BELOWIN THE TEXAS RULES OF CIVIL PROCEDURE SHALL BE APPLICABLE. YOU UNDERSTAND EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND ACKNOWLEDGE CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEADEXECUTED by the undersigned as of the Effective Date set forth above. PETROSEARCH ENERGY CORPORATION By: /s/ Richard Dole --------------------------------------------------- Richard Dole, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.President & XXX /s/ David Collins ------------------------------------------------------ DAVID COLLINS

Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES RESOLUTION OF DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION IS INTENDED TO BE INTERPRETED BROADLY TO ENCOMPASS ALL DISPUTES OR CLAIMS ARISING OUT OF OUR RELATIONSHIP. YOU AND TREND MICRO NTIZ AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE CLAIM, DISPUTE, OR CONTROVERSY (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY), RELATING TO OR ARISING OUT OF YOUR RELATIONSHIP WITH NTIZ, IRRESPECTIVE OF WHETHER ARISING PRIOR TO OR AFTER THIS OR ANY OTHER AGREEMENT, INCLUDING CLAIMS, DISPUTES, OR CONTROVERSIES ARISING UNDER FEDERAL, STATE, OR LOCAL STATUTE, ORDINANCE, OR REGULATION, OR AS RELATES TO THESE TERMS INCLUDING ANY OF ITS COMPONENTS, THE SERVICES OR EQUIPMENT PROVIDED BY INFORMAL NEGOTIATION AS SET FORTH ABOVENTIZ OR ANY ORAL OR WRITTEN STATEMENTS, ANY EFFORT ADVERTISEMENTS, REPRESENTATIONS OR PROMOTIONS RELATING TO RESOLVE THESE TERMS OR TO THE DISPUTE WILL SERVICES OR EQUIPMENT (COLLECTIVELY, "CLAIM") SHALL BE CONDUCTED EXCLUSIVELY BY RESOLVED THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY , EXCEPT THAT XXXX MAY CHOOSE TO PURSUE CLAIMS IN COURT WITH JURISDICTION OVER IF THE PARTIES MAY ENFORCE CLAIMS RELATE SOLELY TO THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY COLLECTION OF ANY OF YOUR OR TREND MICRO’S DEBTS YOU OWE US. All arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (OR ANY OF YOUR OR TREND MICRO’S LICENSORS"AAA"). The AAA shall appoint the arbitrator. The party initiating arbitration shall give notice to the other party by mailing a copy of the request for arbitration to the other party at the addresses on the service order. To the extent allowed by applicable law, arbitration must be initiated by you within one (1) INTELLECTUAL PROPERTY RIGHTSyear of the date of the occurrence of the event or facts giving rise to the dispute (except for billing disputes which must be initiated within thirty (30) days). You waive any claim not filed in accordance with the previous sentence. All parties to the arbitration must be individually named and there shall be no right or authority for any claims to be arbitrated or otherwise tried on a class action or consolidated basis or through a representative. The arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. An arbitrator may not award relief in excess of or contrary to what these Terms provide or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or applicable declaratory relief. Arbitration of claims will be conducted in such forum and pursuant to such laws and rules related to commercial arbitration in the State where you used the service that are in effect on the date of the notice to arbitrate.

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR -------------------- RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES RULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. ANY SUCH ARBITRATION SHALL BE CONCLUDED WITHIN 120 DAYS OF INITIATION OF THE ARBITRATION. IN ANY ARBITRATION UNDER THIS PARAGRAPH, ANY AND ALL RULES OF DISCOVERY SET FORTH BELOWIN THE TEXAS RULES OF CIVIL PROCEDURE SHALL BE APPLICABLE. YOU UNDERSTAND EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND ACKNOWLEDGE CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACTEXECUTED by the undersigned as of the Effective Date set forth above. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.PETROSEARCH ENERGY CORPORATION By: /s/ Richard Dole ---------------------------------------------------- Richard Dole /s/ Eric D. Brown ------------------------------------------------------- ERIC D. BROWN

Binding Arbitration. YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE (a) Except as provided in Section 6(f), any controversy, dispute or claim arising out of or relating to the interpretation, performance or breach of this Agreement, or Xx. Xxxxx'x employment or termination of employment hereunder, shall be resolved by binding arbitration, in accordance with the Mutual Agreement to Arbitrate Claims, attached hereto as Exhibit C. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WITH RESPECT TO ANY DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY RELATED AGREEMENT, EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHTS IT MAY HAVE TO DEMAND A JURY TRIAL. THIS WAIVER IS KNOWINGLY, INTENTIONALLY AND VOLUNTARILY MADE BY INFORMAL NEGOTIATION AS SET FORTH ABOVETHE PARTIES, AND EACH PARTY ACKNOWLEDGES THAT NEITHER THE OTHER PARTY NOR ANY EFFORT PERSON ACTING ON BEHALF OF THE OTHER PARTIES HAS MADE ANY REPRESENTATION OF FACT TO RESOLVE INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANYWAY TO MODIFY OR NULLIFY ITS EFFECT. THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH BELOW. YOU UNDERSTAND AND PARTIES EACH FURTHER ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE THEY HAVE BEEN REPRESENTED (OR PARTICIPATE HAVE HAD THE OPPORTUNITY TO BE REPRESENTED) IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES THE SIGNING OF THIS AGREEMENT AND IN COURT BEFORE A JUDGE OR JURYTHE MAKING OF THIS WAIVER BY INDEPENDENT LEGAL COUNSEL, SELECTED OF ITS OWN FREE WILL AND HAS HAD THE OPPORTUNITY TO DISCUSS THIS WAIVER WITH COUNSEL. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE EACH FURTHER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE ARBITRATOR'S AWARDMEANING AND RAMIFICATIONS OF THIS WAIVER PROVISION. ACKNOWLEDGEMENT: WE HAVE READ AND UNDERSTAND THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT FOREGOING PROVISION AND HEREBY IRREVOCABLY WAIVE ALL OF OUR RIGHTS TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.DEMAND A JURY TRIAL HEREUNDER. Company's Initials Xx. Xxxxx'x Initials

Binding Arbitration. YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE EXISTENCE OF TITLE DEFECTS OR ENVIRONMENTAL LIABILITIES, THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY OF THIS AGREEMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE ARBITRATION IN THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION STATE OF COLORADO IN ACCORDANCE WITH THE PREVAILING COMMERCIAL ARBITRATION PROCEDURES SET FORTH BELOWRULES OF THE AMERICAN ARBITRATION ASSOCIATION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP JUDGMENT ON THE RIGHT TO LITIGATE (OR PARTICIPATE AWARD MAY BE ENTERED IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARDFROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. THE ONLY DISPUTES ARBITRATORS SHALL NOT COVERED AWARD CONSEQUENTIAL OR PUNITIVE DAMAGES TO EITHER PARTY. THE COSTS AND EXPENSES OF THE ARBITRATION PROCEEDING, INCLUDING THE FEES OF THE ARBITRATOR AND ALL COSTS AND EXPENSES, INCLUDING LEGAL FEES AND WITNESS FEES, INCURRED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCINGPREVAILING PARTY, PROTECTING, OR CONCERNING SHALL BE BORNE BY THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSLOSING PARTY.

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR -------------------- RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES RULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. ANY SUCH ARBITRATION SHALL BE CONCLUDED WITHIN 120 DAYS OF INITIATION OF THE ARBITRATION. IN ANY ARBITRATION UNDER THIS PARAGRAPH, ANY AND ALL RULES OF DISCOVERY SET FORTH BELOWIN THE TEXAS RULES OF CIVIL PROCEDURE SHALL BE APPLICABLE. YOU UNDERSTAND EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND ACKNOWLEDGE CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEADEXECUTED by the undersigned as of the Effective Date set forth above. SIGNATURES APPEAR ON FOLLOWING PAGE PETROSEARCH ENERGY CORPORATION By: /s/ Richard D. Dole ---------------------------------------------------- Richard D. Dole, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.President & XXX /s/ Wayne Beninger ------------------------------------------------------- WAYNE BENINGER

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES SET FORTH BELOWRULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. YOU UNDERSTAND THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND ACKNOWLEDGE MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEADEXECUTED by the undersigned as of the Effective Date set forth above. SIGNATURES APPEAR ON FOLLOWING PAGE PETROSEARCH ENERGY CORPORATION By: /s/ Xxxxxxx X. Xxxx Xxxxxxx X. Xxxx, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.President & CEO /s/ Xxxxx Xxxxxxxx XXXXX XXXXXXXX

Binding Arbitration. YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY CONTROVERSY, CLAIM OR DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVEARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, ANY EFFORT TERMINATION, ENFORCEABILITY OR VALIDITY THEREOF, INCLUDING WITHOUT LIMITATION THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO RESOLVE THE DISPUTE WILL ARBITRATE, SHALL BE CONDUCTED DETERMINED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH NEW YORK, NEW YORK BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE GOVERNED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES SET FORTH BELOWFOR LARGE, COMPLEX DISPUTES, PROVIDED THAT THE PERSON ELIGIBLE TO BE SELECTED AS THE ARBITRATOR SHALL BE LIMITED TO AN ATTORNEY-AT-LAW WHO (I) IS ON THE AAA'S LARGE, COMPLEX CASE PANEL OR A CENTER FOR PUBLIC RESOURCES ("CPR") PANEL OF DISTINGUISHED NEUTRALS, OR WHO HAS PROFESSIONAL CREDENTIALS SIMILAR TO THE ATTORNEYS LISTED ON SUCH AAA AND CPR PANELS, AND (II) WHO HAS PRACTICED LAW FOR AT LEAST 15 YEARS AS AN ATTORNEY IN NEW YORK SPECIALIZING IN EITHER GENERAL COMMERCIAL LITIGATION OR GENERAL CORPORATE AND COMMERCIAL MATTERS. YOU UNDERSTAND NO PROVISION OF, NOR THE EXERCISE OF ANY RIGHTS UNDER, SECTION 10.9(a) SHALL LIMIT THE RIGHT OF ANY PARTY TO REQUEST AND ACKNOWLEDGE THAT BY AGREEING TO BINDING OBTAIN FROM A COURT HAVING JURISDICTION BEFORE, DURING OR AFTER THE PENDENCY OF ANY ARBITRATION, YOU ARE GIVING UP PROVISIONAL OR ANCILLARY REMEDIES AND RELIEF INCLUDING, BUT NOT LIMITED TO, INJUNCTIVE OR MANDATORY RELIEF OR THE APPOINTMENT OF A RECEIVER. THE INSTITUTION AND MAINTENANCE OF AN ACTION OR JUDICIAL PROCEEDING FOR, OR PURSUIT OF, PROVISIONAL OR ANCILLARY REMEDIES SHALL NOT CONSTITUTE A WAIVER OF THE RIGHT OF BUYER, EVEN IF BUYER IS THE PLAINTIFF, TO LITIGATE (SUBMIT THE DISPUTE TO ARBITRATION IF BUYER WOULD OTHERWISE HAVE SUCH RIGHT. IN ANY SUCH ARBITRATION PROCEEDING, THE ARBITRATOR SHALL NOT HAVE THE POWER OR PARTICIPATE AUTHORITY TO AWARD PUNITIVE DAMAGES TO ANY PARTY. JUDGMENT UPON THE AWARD RENDERED MAY BE ENTERED IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH HAVING JURISDICTION OVER (AND WITHOUT REGARD TO SECTION 10.8). EACH OF THE PARTIES MAY ENFORCE SHALL, SUBJECT TO THE ARBITRATOR'S AWARDAWARD OF THE ARBITRATORS, PAY AN EQUAL SHARE OF THE ARBITRATORS' FEES. THE ONLY DISPUTES NOT COVERED BY ARBITRATORS SHALL HAVE THE AGREEMENT POWER TO NEGOTIATE INFORMALLY AWARD RECOVERY OF ALL COSTS AND ARBITRATE ARE DISPUTES ENFORCINGFEES (INCLUDING ATTORNEYS' FEES, PROTECTINGADMINISTRATIVE FEES, OR CONCERNING ARBITRATORS' FEES, AND COURT COSTS) TO THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSPREVAILING PARTY.

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN AUSTIN, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES SET FORTH BELOWRULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. YOU UNDERSTAND THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND ACKNOWLEDGE MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT102 EXECUTED by the undersigned as of the Effective Date set forth above. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS."SUB"

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES SET FORTH BELOWRULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. YOU UNDERSTAND THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND ACKNOWLEDGE MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEADEXECUTED by the undersigned as of the Effective Date set forth above. SIGNATURES APPEAR ON FOLLOWING PAGE PETROSEARCH ENERGY CORPORATION By: /s/Dxxxx Xxxxxxx Dxxxx Xxxxxxx, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.Chief Financial Officer /s/ Rxxxxxx X. Xxxx RXXXXXX X. XXXX

Binding Arbitration. YOU ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING (WITHOUT LIMITATION) THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, OR ANY OTHER DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF ANY INTERACTION BETWEEN THE LLC AND TREND MICRO AGREE THAT IF YOU A MEMBER, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BE DETERMINED BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE COUNTY OF ORANGE, STATE OF PENNSYLVANIA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES SET FORTH BELOW(IF THE AMOUNT IN CONTROVERSY EXCEEDS $250,000) OR ITS STREAMLINED ARBITRATION RULES AND PROCEDURES (IF THE AMOUNT IN CONTROVERSY IS LESS THAN OR EQUAL TO $250,000). YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING IF THE ARBITRATION IS A CLASS ARBITRATION, YOU ARE GIVING UP THE RIGHT AGGREGATE AMOUNT, OF THE PURPORTED CLAIMS OF ALL PUTATIVE CLASS MEMBERS, SHALL BE USED TO LITIGATE (OR PARTICIPATE DETERMINE WHICH RULES APPLY. JUDGMENT ON THE AWARD MAY BE ENTERED IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH HAVING JURISDICTION OVER THE THEREOF. THIS CLAUSE SHALL NOT PRECLUDE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARDFROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT PREVAILING PARTY IN ANY DISPUTE, CLAIM OR CONTROVERSY HEREUNDER SHALL BE ENTITLED TO NEGOTIATE INFORMALLY RECOVER ITS COSTS OF ARBITRATION AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSREASONABLE ATTORNEYS’ FEES THEREOF.

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN AUSTIN, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES SET FORTH BELOWRULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. YOU UNDERSTAND THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND ACKNOWLEDGE MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER COOPERATE WITH THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSPROCESS.

Binding Arbitration. YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO (A) ANY CONTROVERSY OR CLAIM BETWEEN OR AMONG THE PARTIES HERETO INCLUDING BUT NOT RESOLVE LIMITED TO THOSE ARISING OUT OF OR RELATING TO THE NOTE OR THE LOAN DOCUMENTS, INCLUDING ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVECLAIM OR CONTROVERSY OF ANY KIND BASED ON OR ARISING IN TORT, ANY EFFORT TO RESOLVE THE DISPUTE WILL SHALL BE CONDUCTED EXCLUSIVELY DETERMINED BY BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION PROCEDURES ACT (OR IF NOT APPLICABLE, APPLICABLE STATE LAW), THE RULES OF PRACTICE AND PROCEDURE FOR THE ARBITRATION OF COMMERCIAL DISPUTES OR JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. ("J.A.M.S.") AND THE RULES SET FORTH IN SECTION 9.14(B) BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATIONIN THE EVENT OF ANY INCONSISTENCY, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE RULES SET FORTH IN AS A PARTY OR CLASS MEMBERSECTION 9.14(B) ALL DISPUTES BELOW SHALL CONTROL JUDGMENT UPON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACTHAVING JURISDICTION. ANY PARTY TO THE NOTES OR THE LOAN DOCUMENTS MAY BRING AN ACTION, INCLUDING A SUMMARY OR EXPEDITED PROCEEDING, TO COMPEL ARBITRATION OF ANY CONTROVERSY OR CLAIM TO WHICH EITHER THE NOTE OR ANY LOAN DOCUMENT APPLIES IN ANY COURT WITH HAVING JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSSUCH ACTION.

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR -------------------- RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES RULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. ANY SUCH ARBITRATION SHALL BE CONCLUDED WITHIN 120 DAYS OF INITIATION OF THE ARBITRATION. IN ANY ARBITRATION UNDER THIS PARAGRAPH, ANY AND ALL RULES OF DISCOVERY SET FORTH BELOWIN THE TEXAS RULES OF CIVIL PROCEDURE SHALL BE APPLICABLE. YOU UNDERSTAND EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND ACKNOWLEDGE CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN PREVAILING PARTY AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT PART OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.ITS

Binding Arbitration. NOTICE: BY INITIALING IN THE SPACE PROVIDED BELOW YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ARE AGREEING TO HAVE ANY DISPUTE RELATING TO OR ARISING OUT OF THE MATTERS INCLUDED IN THE “GOVERNING LAW AND DISPUTE RESOLUTION PROVISION DECIDED BY INFORMAL NEGOTIATION NEUTRAL ARBITRATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY PROVIDED BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH BELOW. YOU UNDERSTAND TEXAS LAW AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE RIGHT DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE PROVIDED BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO LITIGATE (OR PARTICIPATE DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYTHIS PROVISION. INSTEADIF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE LAWS OF THE STATE OF TEXAS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE THAT ALL TO SUBMIT DISPUTES WILL BE RESOLVED BEFORE A ARISING OUT OF THE MATTERS INCLUDED IN THE “GOVERNING LAW AND DISPUTE RESOLUTION” PROVISION TO NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACTARBITRATION. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.CUSA REFINERY BUYER CPL PIPELINE BUYER

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES SET FORTH BELOWRULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. YOU UNDERSTAND THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND ACKNOWLEDGE MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEADEXECUTED by the undersigned as of the Effective Date set forth above. SIGNATURES APPEAR ON FOLLOWING PAGE PETROSEARCH ENERGY CORPORATION By: /s/ Xxxxxxx X. Xxxx Xxxxxxx X. Xxxx, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.President & CEO /s/ XXXXX XXXXXXX XXXXX XXXXXXX

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE CONSTRUCTION, INTERPRETATION OR ALLEGED BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU BINDING ARBITRATION CONDUCTED IN LONDON, UNITED KINGDOM. IN SUCH PROCEEDINGS, EACH PARTY SHALL SELECT AN ARBITRATOR AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE EACH SUCH SELECTED ARBITRATOR SHALL THEN MUTUALLY SELECT A THIRD ARBITRATOR. THE DISPUTE WILL PROCEEDINGS SHALL BE CONDUCTED EXCLUSIVELY BY BINDING THE INTERNATIONAL CHAMBER OF COMMERCE’S INTERNATIONAL COURT OF ARBITRATION. THE ARBITRATOR SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND MAY GRANT ANY RELIEF AUTHORIZED BY LAW OTHER THAN PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING SPECIFIC PERFORMANCE. EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND CHARGES REQUIRED BY THE GOVERNING ARBITRATION BODY, PROVIDED, HOWEVER, THAT THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO THE PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN ACCORDANCE A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO PARTICIPATE IN OR FULLY COOPERATE WITH THE ARBITRATION PROCEDURES SET FORTH BELOWPROCESS. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATIONEXECUTED effective as of the date set forth above. “Hycarbex” HYCARBEX-AMERICAN ENERGY, YOU ARE GIVING UP INC. By:___________________________ Xxxxxxxx X. Xxxxx, President “AEGG” THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYAMERICAN ENERGY GROUP, LTD. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.By:___________________________

Binding Arbitration. YOU AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND FRACSUN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR ASSIGNS HAVE IN CONNECTION WITH OR RELATED TO THE USE OR ACCESS OF THE SERVICES OR THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. THE ARBITRATION SHALL TAKE PLACE IN SAN XXXX OBISPO COUNTY, CALIFORNIA. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE RESOLVED BEFORE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTSJURY TRIAL.

Binding Arbitration. YOU ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY FINAL AND TREND MICRO AGREE THAT IF YOU AND TREND MICRO DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED IN HOUSTON, TEXAS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION PROCEDURES SET FORTH BELOWRULES ("RULES") OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME THE CONTROVERSY OR CLAIM ARISES, BUT SAID ARBITRATION NEED NOT BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION. YOU UNDERSTAND THE ARBITRATOR, WHICH SHALL BE AGREED UPON BY THE PARTIES, SHALL HAVE JURISDICTION TO DETERMINE ANY SUCH CLAIM AND ACKNOWLEDGE MAY GRANT ANY RELIEF AUTHORIZED BY LAW FOR SUCH CLAIM EXCLUDING CONSEQUENTIAL AND PUNITIVE DAMAGES. EACH PARTY TO THE ARBITRATION SHALL BEAR THE INITIAL FILING FEES AND CHARGES EQUALLY, PROVIDED, HOWEVER, THAT BY AGREEING THE ARBITRATOR SHALL AWARD REIMBURSEMENT OF ALL SUCH COSTS AND FEES TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT PREVAILING PARTY AS A PART OF ITS AWARD. THIS PARAGRAPH SHALL LIKEWISE BE SPECIFICALLY ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION SHOULD THE PARTY NOT DEMANDING ARBITRATION REFUSE TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURYCOOPERATE WITH THE ARBITRATION PROCESS. INSTEADEXECUTED by the undersigned as of the Effective Date set forth above. SIGNATURES APPEAR ON FOLLOWING PAGE PETROSEARCH ENERGY CORPORATION By: /s/ Xxxxxxx X. Xxxx Xxxxxxx X. Xxxx, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR TREND MICRO’S (OR ANY OF YOUR OR TREND MICRO’S LICENSORS) INTELLECTUAL PROPERTY RIGHTS.President & CEO /s/ Xxxxx Xxxxxxx XXXXX XXXXXXX