Common use of TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING Clause in Contracts

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx Johnson County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-non- representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.. Electronic Communications,

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this IRA APPLICATION FORM Black Creek Industrial REIT IV, Inc. arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his IRA APPLICATION FORM Inland Real Estate Investment Corporation or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed IRA APPLICATION FORM Cantor Xxxxxxxxxx Investors, LLC by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx Johnson County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-non- representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to IRA APPLICATION Steadfast Income REIT, Inc mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state State law (to the extent state State law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-classnon‐class, non-representativenon‐representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration Pre‐arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited IRA APPLICATION FORM Stira Capital Markets Group than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed IRA APPLICATION FORM Pacific Office Properties Trust, Inc. by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state State law (to the extent state State law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-classnon‐class, non-representativenon‐representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration Pre‐arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx Johnson County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may IRA APPLICATION FORM NexPoint/Highland Capital Management IRA APPLICATION FORM NexPoint/Highland Capital Management pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. IRA APPLICATION FORM Federated Hermes Project and Trade Finance Tender Fund UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.

TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT OR SIMILAR PROCEEDING. The IRA Owner and the Custodian agree that either the IRA Owner or the Custodian may, without the other's consent, require that any Claims between the IRA Owner and the Custodian be submitted to mandatory, binding arbitration except for certain matters excluded below. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. § 1 et seq., and the governing state law (to the extent state law is applicable). Claims subject to Arbitration include, but are not limited to: Any controversy arising out of or relating to this Agreement, or the breach thereof, to the IRA, or to any transactions authorized by the IRA Owner and/or his or her agent. Arbitration shall occur in Xxxxxxx County, Kansas according to the rules of The American Arbitration Association. Arbitration is final and binding on the parties. The parties are waiving their right to seek remedies in court, including the right to a jury trial. Claims made as part of a class action suit or other representative action, and the arbitration of such claims must proceed on an individual (non-class, non-representative) basis. If the IRA Owner or the Custodian requires arbitration of a particular claim, neither the IRA Owner, the Custodian, nor any other person may pursue the claim in any litigation, whether as a class action suit, private attorney general action, other representative action or otherwise. Pre-arbitration discovery is generally more limited than and different from court proceedings. The invalidity or unenforceability of any portion of this arbitration provision shall not affect the validity or enforceability of any other portion of this arbitration provision, which shall remain in full force and effect. UBTI: The IRA Owner acknowledges that the IRA is subject to the provisions of Internal Revenue Code Sections 511-514 relating to Unrelated Business Taxable Income (UBTI) of tax-tax- exempt organizations. IRA Owner agrees that if he/she directs the Custodian to make an investment in the IRA which generates UBTI, the IRA Owner will be responsible for preparing or having prepared the required IRS Form 990-T tax return, an application for an Employer Identification Number (EIN) for the IRA, and any other documents that may be required, and to submit them to the Custodian for filing with the Internal Revenue Service at least ten (10) days prior to the date on which the return is due, along with an appropriate directive authorizing the Custodian to execute the forms on behalf of the IRA and to pay the applicable tax from the assets in the IRA. The IRA Owner understands that the Custodian does not make any determination of whether or not investments in the IRA generate UBTI; has no duty to and does not monitor whether or not the IRA has incurred UBTI; and does not prepare Form 990-T on behalf of the IRA.