Common use of Arbitration Provision Clause in Contracts

Arbitration Provision. ⦁ Except as provided below, Lessor and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the ▇▇▇▇ or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and ▇▇▇▇▇▇, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that ▇▇▇▇▇▇ brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and ▇▇▇▇▇▇. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ ▇▇▇▇▇▇ AND ▇▇▇▇▇▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except as provided below, Lessor and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the ▇▇▇▇ or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and ▇▇▇▇▇▇, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that ▇▇▇▇▇▇ brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor ▇▇▇▇▇▇ each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISIONARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND AS WELL AS LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and ▇▇▇▇▇▇. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ ▇▇▇▇▇▇ LESSOR AND ▇▇▇▇▇▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. ▇▇▇▇▇▇ AND ▇▇▇▇▇▇ ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except as provided belowAny claim, Lessor and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the ▇▇▇▇ or any claim that arises between of bodily injury or property damagedispute, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and ▇▇▇▇▇▇, controversy (whether based in contract, tort, statuteor otherwise, fraudwhether pre-existing, misrepresentationpresent, or future, and including statutory, common law, intentional tort, and equitable claims) arising from or relating to any transaction you have ever entered into with us pursuant to this Agreement or pursuant to any past agreement between you and us or your application for such transactions or our advertisements, promotion, or oral or written statements relating to such transactions or the relationships which result from such transactions (including, to the full extent permitted by applicable law, relationships with third-parties who are not signatories to such agreements or this Arbitration Provision) or the validity, enforceability, or scope of this Arbitration Provision, this Agreement, or any other legal theorypast agreements (collectively "Claim") shall be resolved, upon the election of you or us or said third-parties, by binding arbitration pursuant to this Arbitration Provision. “Claims” also include such Notwithstanding the preceding sentence, you will have the right to seek relief in a small claims that ▇▇▇▇▇▇ brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action court for possession a Claim within the scope of the Premises under California Code small claims court's jurisdiction; provided, however, that Claims involving a punitive class or alleged monetary damages exceeding the jurisdiction of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”)a small claims court shall be subject to binding arbitration pursuant to this Arbitration Provision. ⦁ Unless Lessee A party who has asserted a Claim in a lawsuit in court may elect arbitration with respect to any Claim subsequently asserted in that lawsuit by any other party or parties. If arbitration is chosen by any person entitled to elect to arbitrate a Claim, then arbitration of all Claims shall be mandatory and Lessor each agree otherwise, the Arbitration will be conducted with the AAA pursuant to the AAA's Consumer Arbitration Rules; provided, however, that if for any reason the AAA is unable or unwilling or ceases to serve as arbitration administrator, an equivalent national arbitration organization utilizing a similar code of procedure will be substituted by us. There shall be no authority for any Claims to be arbitrated on a singleclass action basis. Further, neutral third party arbitrator (arbitration can only decide our or your Claim and may not consolidate or join the “Arbitrator”), claims of other persons who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEALmay have similar claims. Any such participatory hearing that you attend will take place in the federal judicial district of your residence. We will pay the AAA's filing fee, other AAA fees, and the arbitrators' compensation for any Claim which you may file against us. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys', experts', and witnesses' fees, regardless of which party prevails in the arbitration. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be held in Los Angelesgoverned by the Federal Arbitration Act ("FAA", California, in accordance 9 U.S.C. Sections 1-16). The arbitrator shall apply applicable substantive law consistent with the laws FAA and applicable statutes of the State limitations and shall honor claims of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment privilege recognized by law. Judgment upon the award rendered in said arbitration shall be final and by the arbitrator may be entered in any court in the State having jurisdiction. This Arbitration Provision shall survive satisfaction of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 your contractual obligations and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms termination of this AgreementAgreement or any past agreement you have entered into with us. The costs If this Agreement or any past agreement between you and us or any portion of such agreements is deemed invalid or unenforceable on the basis that such agreements violate applicable usury law or for any other reason, it shall not invalidate this Arbitration Provision; in such instance, the parties expressly acknowledge and agree that this Arbitration Provision shall survive the deemed nullity of such agreements and shall be borne equally by severed from such agreements (or the Lessor and ▇▇▇▇▇▇invalid or unenforceable portion of such agreements). ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ ▇▇▇▇▇▇ AND ▇▇▇▇▇▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. HoweverSimilarly, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; if any such Claims shall be subject to Arbitration under the terms portion of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of is deemed invalid or unenforceable under the Premises must be brought in Superior CourtFAA, it shall be brought in should not invalidate the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms remaining portions of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceedingArbitration Provision.

Arbitration Provision. ⦁ Except Any claim, dispute or controversy between me and HSBC (as specifically defined below for purposes of this Arbitration Provision), whether in contract or tort (intentional or otherwise), whether pre-existing, present or future, and including constitutional, statutory, common law, regulatory, and equitable claims in any way relating to (a) any of these or any other Documents or any RAL or RAC that I have previously requested or received from HSBC, (b) advertisements, promotions, or oral or written statements related to this or any other Application for a RAL or any RAL or RAC that I have previously requested or received from HSBC, (c) the relationship of HSBC and me relating to any of these or any other Documents or any RAL or RAC that I have previously requested or received from HSBC; and (d) except as provided below, Lessor and Lessee agree to binding arbitration the validity, enforceability or scope of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the ▇▇▇▇ this Arbitration Provision or any claim that arises between of bodily injury or property damagepart thereof, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, including but are not limited to, claims related in the issue whether any way particular claim, dispute or controversy must be submitted to arbitration (collectively the “Claim”), shall be resolved, upon the election of either me or arising out of in any way HSBC, by binding arbitration pursuant to any aspect this Arbitration Provision and the applicable rules of the relationship American Arbitration Association (“AAA”) or the National Arbitration Forum (“NAF”) in effect at the time the Claim is filed. I shall have the right to select one of these arbitration administrators (the “Administrator”). The arbitrator must be a lawyer with more than ten (10) years of experience or a retired or former judge. In the event of a conflict between Lessor this Arbitration Provision and ▇▇▇▇▇▇the rules of the Administrator, whether based in contract, tort, statute, fraud, misrepresentation, this Arbitration Provision shall govern. In the event of a conflict between this Arbitration Provision and the balance of this Application or any other legal theoryDocuments, this Arbitration Provision shall govern. “Claims” also include such claims Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any organization that ▇▇▇▇▇▇ brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, has in place a formal or other representatives or informal policy that Lessor brings against Lesseeis inconsistent with and purports to override the terms of this Arbitration Provision, including any action for possession the Class Action Wavier Provision defined below. HSBC hereby agrees not to invoke its right to arbitrate an individual Claim I may bring in small claims court or an equivalent court, if any, so long as the Claim is pending only in that court. No class actions or private attorney general actions in court or in arbitration or joinder or consolidation of claims in court or in arbitration with other persons, are permitted without the consent of HSBC and me. The validity and effect of the Premises under California Code preceding sentence (herein referred to as the “Class Action Waiver Provision”) shall be determined exclusively by a court and not by the Administrator or any arbitrator. Neither the Administrator nor any arbitrator shall have the power or authority to waive, modify or fail to enforce the Class Action Waiver Provision, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any arbitration hearing that I attend will take place in a location that is reasonably convenient for me. On any Claim I file, I will pay the first $50.00 of Civil Procedure the filing fee. At my request, HSBC will pay the remainder of the filing fee and any administrative or hearing fees charged by the Administrator, up to $1,500.00 on any Claim asserted by me in the arbitration. If I should be required to pay any additional fees to the Administrator, HSBC will consider a request by me to pay all or part of the additional fees; however, HSBC shall not be obligated to pay any additional fees unless the arbitrator grants me an award. If the arbitrator grants an award in my favor, HSBC will reimburse me for any additional fees paid or owed by me to the Administrator up to the amount of the fees that would have been charged if the original Claim had been for the amount of the actual award in my favor. If the arbitrator issues an award in HSBC’s favor, I will not be required to reimburse HSBC for any fees HSBC has previously paid to the Administrator or for which HSBC is responsible. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1159 et.seq.(an 1-16 (the “Unlawful Detainer ActionFAA”). ⦁ Unless Lessee The arbitrator shall apply substantive law consistent with the FAA, and Lessor each agree otherwisenot by any state law concerning arbitration. The arbitrator shall follow and apply applicable substantive law to the extent consistent with the FAA, statutes of limitation and claims of privilege and shall be authorized to award all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief and attorneys’ fees and costs. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Provision and, to the extent consistent with this Arbitration Provision, the Arbitration will be conducted by Administrator’s rules Upon request of either party, the arbitrator shall prepare a single, neutral third party arbitrator (short reasoned written opinion supporting the “Arbitrator”), who must be a retired California Superior Court judgearbitration award. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment Judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitrationjurisdiction. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 arbitrator’s award will be final and 1283.1 binding except for: (relating to discoverya) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising appeal right under the terms FAA: and (b) any appeal of this AgreementClaims involving more than $100,000. For such Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider de novo (i.e., in its entirety) any aspect or all aspects of the initial award that is appealed. The costs of any such Arbitration shall be borne equally by the Lessor and ▇▇▇▇▇▇. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person panel’s decision will be final and binding, except for any appeal right under the ArbitratorFAA. ⦁ ▇▇▇▇▇▇ AND ▇▇▇▇▇▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue Unless applicable law provides otherwise, the self-help appealing party will pay the appeal’s costs (i.e., the amounts owed to the Administrator and other remedies and defenses provided in California Business and Professions Code section 21700 et seqthe arbitrators), regardless of its outcome. However, HSBC will consider in good faith any reasonable request for HSBC to bear up to the full costs of the appeal. Nothing in this exception does not include Claims that are derivative Arbitration Provision shall be construed to prevent HSBC’s use of offset or based other contractual rights involving payment of my income tax refund or other amount on violations of California Business and Professionals Code section 17200 et seqdeposit with HSBC to pay off any RAL, RAC, or similar financial service, or ERO or other foes, now or thereafter owed by me to HSBC or any Other RAL Lender or ERO or third party pursuant to the Documents or similar prior documents. I ACKNOWLEDGE THAT I HAVE A RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY, BUT I PREFER TO RESOLVE ANY SUCH CLAIMS THROUGH ARBITRATION AND HEREBY KNOWINGLY AND VOLUNTARILY WAIVE MY RIGHTS TO LITIGATE SUCH CLAIMS IN COURT BEFORE A JUDGE OR JURY, UPON ELECTION OF ARBITRATION BY HSBC OR BY ME. I ACKNOWLEDGE THAT I WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR AS A PRIVATE ATTORNEY GENERAL PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. I UNDERSTAND THAT, IF I AM A MEMBER OF THE PUTATIVE CLASS IN CUMMINS, ET AL. V. H&R BLOCK, INC., includingET AL., without limitationCASE NO. 03-C-134 IN THE CIRCUIT COURT OF KANAWHA COURT, Claims for conversionWV. THIS ARBITRATION CLAUSE MAY NOT ACT AS A WAIVER OF THE RIGHTS AND CLAIMS I MAY HAVE IN THAT ACTION. This Arbitration Provision shall supersede all prior Arbitration Provisions contained in any previous RAL or RAC application or related agreement and shall survive repayment of any RAL or RAC and termination of my accounts: provided, negligencehowever, breach of contractthat if I reject this Arbitration Provision as set below, other violations of state or federal law, or valuation as provided any prior Arbitration Provisions shall remain in California Business full force and Professions Code section 17200 et seq.; ; effect. If any such Claims shall be subject to Arbitration under the terms portion of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Courtis deemed invalid or unenforceable, it will not invalidate the remaining portions of this Arbitration Provision. However, if a determination is made that the Class Action Waiver Provision is unenforceable, this Arbitration Provision (other than this sentence) and any prior Arbitration Provision shall be brought in the Superior Court for the County of Los Angelesnull and void. ⦁ Written Award. The arbitrator's award shall be in writingTo reject this Arbitration Provision, I must send HSBC, c/o HSBC Taxpayer Financial Services Inc., Account Research, P.O. Box 18097, Jacksonville, FL 32229, a signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than writing (“Rejection Notice”) that is received within thirty (30) calendar days following after the conclusion of date I sign this Application. The Rejection Notice must identify the hearing (five (5) days for an Unlawful Detainer Actiontransaction involved and must include my name, address, and social security number and must be signed by all persons signing this Application as Applicant(s). Except I may send the Rejection Notice in any manner I see fit as long as it is received at the case specified address within the specified time. No other methods can be used to reject the Arbitration Agreement. If the Rejection Notice is sent on my behalf by a third party, such third party must include evidence of an Unlawful Detainer Actionhis or her authority to submit the Rejection Notice on my behalf. As used in this Arbitration Provision, the arbitrator term “HSBC” shall give mean HSBC Bank USA, National Association. HSBC TFS, Household Bank, f.s.b., Beneficial National Bank, and H&R Block, Inc., and each party at least ten (10) days to comment on of their parents, wholly or majority-owned subsidiaries, affiliates, or predecessors, successors, assigns and the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification franchisees of Terms. The arbitrator shall not extend, modify or suspend any of the terms them, and each of this Agreement. ⦁ Attorneys fees. In any such Arbitrationtheir officers, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees directors, agents, and costs for the services rendered the prevailing party in such action or proceedingemployees.

Arbitration Provision. ⦁ Except Any claim, dispute or controversy between me and HSBC (as specifically defined below for purposes of this Arbitration Provision), whether in contract or tort (intentional or otherwise), whether pre-existing, present or future, and including constitutional, statutory, common law, regulatory, and equitable claims in any way relating to (a) any of these or any other Documents or any ERA that I have previously requested or received from HSBC, (b) advertisements, promotions, or oral or written statements related to this or any other Application for a RAL or any ERA that I have previously requested or received from HSBC, (c) the relationship of HSBC and me relating to any of these or any other Documents or any ERA that I have previously requested or received from HSBC; and (d) except as provided below, Lessor and Lessee agree to binding arbitration the validity, enforceability or scope of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the ▇▇▇▇ this Arbitration Provision or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and ▇▇▇▇▇▇, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that ▇▇▇▇▇▇ brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction part thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, the issue whether any particular claim, dispute or controversy must be submitted to arbitration arising under (collectively the “Claim”), shall be resolved, upon the election of either me or HSBC, by binding arbitration pursuant to this Arbitration Provision and the applicable rules of the American Arbitration Association (“AAA”) or the National Arbitration Forum (“NAF”) in effect at the time the Claim is filed. I shall have the right to select one of these arbitration administrators (the “Administrator”). The arbitrator must be a lawyer with more than ten (10) years of experience or a retired or former judge. In the event of a conflict between this Arbitration Provision and the rules of the Administrator, this Arbitration Provision shall govern. In the event of a conflict between this Arbitration Provision and the balance of this Application or any other Documents, this Arbitration Provision shall govern. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any organization that has in place a formal or informal policy that is inconsistent with and purports to override the terms of this AgreementArbitration Provision, including the Class Action Waiver Provision defined below. HSBC hereby agrees not to invoke its right to arbitrate an individual Claim I may bring in small claims court or an equivalent court, if any, so long as the Claim is pending only in that court. No class actions or private attorney general actions in court or in arbitration or joinder or consolidation of claims in court or in arbitration with other persons, are permitted without the consent of HSBC and me. The validity and effect of the preceding sentence (herein referred to as the “Class Action Waiver Provision”) shall be determined exclusively by a court and not by the Administrator or any arbitrator. Neither the Administrator nor any arbitrator shall have the power or authority to waive, modify or fail to enforce the Class Action Waiver Provision, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any arbitration bearing that I attend will take place in a location that is reasonably convenient for me. On any Claim I file, 1 will pay the first $50.00 of the filing fee. At my request, HSBC will pay the remainder of the filing fee and any administrative or hearing fees charged by the Administrator, up to $ 1,500.00 on any Claim asserted by me in the arbitration. If I should be required to pay any additional fees to the Administrator, HSBC will consider a request by me to pay all or part of the additional fees; however, HSBC shall not be obligated to pay any additional fees unless the arbitrator grants me an award. If the arbitrator grants an award in my favor, HSBC will reimburse me for any additional fees paid or owed by me to the Administrator up to the amount of the fees that would have been charged if the original Claim had been for the amount of the actual award in my favor. If the arbitrator issues an award in HSBC’s favor, I will not be required to reimburse HSBC for any fees HSBC has previously paid to the Administrator or for which HSBC is responsible. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (the “FAA”), and not by any state law concerning arbitration. The arbitrator shall follow and apply applicable substantive law to the extent consistent with the FAA, statutes of limitation and claims of privilege and shall be authorized to award all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief and attorneys’ fees and costs. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Provision and, to the extent consistent with this Arbitration Provision, the Administrator’s rules. Upon request of either party, the arbitrator shall prepare a short reasoned written opinion supporting the arbitration award. Judgment upon the award may be entered in any court having jurisdiction. The arbitrator’s award will be final and binding except for: (a) any appeal right under the FAA; and (b) any appeal of Claims involving more than $100,000. For such Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider de novo (i.e., in its entirety) any aspect or all aspects of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal’s costs (i.e., the amounts owed to the Administrator and the arbitrators), regardless of its outcome. However, HSBC will consider in good faith any reasonable request for HSBC to bear up to the full costs of any such the appeal. Nothing in this Arbitration Provision shall be borne equally construed to prevent HSBC’s use of offset or other contractual rights involving payment of my income tax refund or other amount on deposit with HSBC to pay off any ERA, RAL, or similar financial service, or BFC or other fees, now or thereafter owed by me to HSBC or any Other ERA or RAL Lender or BFC or third party pursuant to the Lessor Documents or similar prior documents. This Arbitration Provision shall supersede any prior Arbitration Provisions contained in any previous ERA application or related agreement and shall survive repayment of any ERA and termination of my account; provided, however, that if I reject this Arbitration Provision as set forth below, all prior Arbitration Provisions shall remain in full force and effect, If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Arbitration Provision. However, if a determination is made that the Class Action Waiver Provision is unenforceable, this Arbitration Provision (other than this sentence) and any prior Arbitration Provision shall be null and void. To reject this Arbitration Provision, I must send HSBC, c/o HSBC Taxpayer Financial Services, Account Research, P.▇. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ ▇▇▇▇▇▇, ▇▇ AND ▇▇▇▇▇▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims a signed writing (“Rejection Notice”) that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than is received within thirty (30) calendar days following after the conclusion of date I submit this Application. The Rejection Notice must identify the hearing (five (5) days for an Unlawful Detainer Actiontransaction involved and must include my name, address, and social security number and must be signed by all persons signing this Application as Applicant(s). Except I may send the Rejection Notice in any manner I see fit as long as it is received at the case of an Unlawful Detainer Action, specified address within the arbitrator shall give each party at least ten (10) days specified time. No other methods can be used to comment on reject the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Arbitration Agreement. ⦁ Attorneys fees. In any If the Rejection Notice is sent on my behalf by a third party, such Arbitration, third party must include evidence of his or her authority to submit the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceedingRejection Notice on my behalf.

Arbitration Provision. ⦁ Except as provided below15.1 To the fullest extent permitted by law, Lessor and Lessee the Parties mutually agree to resolve any and all disputes between or among them exclusively through final and binding arbitration before the American Arbitration Association (“AAA”), rather than in court or before any administrative or regulatory body. This agreement to arbitrate (“Arbitration Provision”) will extend to any dispute involving Delivery Partner, any Subcontractor, Mealeo and/or any affiliate of Mealeo for which Delivery Partner performs contracted Delivery Services. This Arbitration Provision is governed by the Federal Arbitration Act and will apply to any and all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way including but not limited to or those arising out of in any way or relating to this Agreement (including the ▇▇▇▇ termination of this Agreement), Delivery Partner’s independent contractor classification and status with Mealeo or its affiliates, the provision of Delivery Services hereunder or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any other aspect of the relationship between Lessor the Delivery Partner, any Subcontractor, Mealeo and/or any affiliate of Mealeo, whether arising under federal, state or location statutory and/or common law. Except with respect to the enforceability, revocability or validity of the Class Action Waiver, only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Provision. However, notwithstanding the preceding sentence, disputes relating to the interpretation or application of the Class Action Waiver below, including its enforceability, revocability or validity, may be decided only by a court of competent jurisdiction and not an arbitrator. Regardless of any other terms of this Agreement, nothing prevents Delivery Partner from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision. 15.2 If either Party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. The demand for arbitration must include (i) the name and address of the party seeking arbitration, (ii) a statement of the legal and factual basis of the claim, and (iii) a description of the remedy sought. Any demand for arbitration directed at Mealeo must be delivered to ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇, whether based in contract▇.▇., tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that ▇▇▇▇▇▇ brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and ▇▇▇▇▇▇. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ ▇▇▇▇▇▇ AND ▇▇▇▇▇▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except as provided below, Lessor The Client and Lessee RIA agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to that the ▇▇▇▇ or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and ▇▇▇▇▇▇, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that ▇▇▇▇▇▇ brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration following steps will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (used to settle any controversy or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedingsclaim, including, but not limited to, arbitration errors and/or omissions arising under out of or relating to this Agreement or the terms breach thereof. (i) Negotiation. The Client and RIA agree that they will attempt to resolve any dispute, claim, or controversy, including but not limited to errors and omissions arising out of, or relating to, this Agreement or any alleged breach, termination, enforcement, interpretation, or validity of this AgreementAgreement (including the determination of the scope or applicability of this agreement to arbitrate) (“Dispute”) by prompt, good-faith negotiations. Any dispute which is not settled by the Parties within fifteen (15) days after written notice of a Dispute is given by one Party to the other shall be referred to arbitration pursuant to Clause (ii) below. (ii) Arbitration. Any dispute that is not resolved pursuant to Clause (i) above shall be settled by arbitration in San Diego County, California, before a panel consisting of three individuals, with at least one panelist having knowledge of securities and investment matters. Such arbitration will be administered by JAMS, The Resolution Experts (“JAMS”), pursuant, to its Rules for Commercial Arbitration. The costs award of any such Arbitration the arbitration panel shall be borne equally final and binding, and judgment upon the award granted may be entered in any court of competent jurisdiction. Damages that are inconsistent with any applicable agreement between the parties, which are punitive in nature, or that are not measured by the Lessor and ▇▇▇▇▇▇. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ ▇▇▇▇▇▇ AND ▇▇▇▇▇▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims prevailing party’s actual damages shall be subject unavailable in arbitration or any other forum. In no event, even if any other portion of these provisions is held to Arbitration under be invalid or unenforceable, shall the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of arbitration panel have the Premises must power to make an award or impose a remedy that could not be brought in Superior Court, it shall be brought made or imposed by a court deciding the matter in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Termssame jurisdiction. The arbitrator shall not extendwill, modify or suspend any in the award, allocate all of the terms costs of this Agreement. ⦁ Attorneys fees. In any such Arbitrationthe arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party, against the party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceedingwho did not prevail.

Arbitration Provision. ⦁ Except as provided ARBITRATION IF A DISPUTE ARISES BETWEEN YOU AND H&R BLOCK (“ARBITRATION AGREEMENT”) Scope Of Arbitration Agreement. If a dispute arises between you and H&R Block, the dispute shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. The arbitrator is empowered to resolve the dispute with the same set of remedies available in court including compensatory, Lessor statutory, and Lessee punitive damages; attorney’s fees; and declaratory, injunctive, and equitable relief; however declaratory, injunctive or equitable relief shall be granted only to the extent necessary to provide relief warranted by the party’s individual claim. You and H&R Block also agree that each may bring claims against the other in arbitration only in your or H&R Block’s individual capacity and in so doing you and H&R Block hereby waive the right to binding a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of all Claims between Lessor any kind (the “Class Action Waiver”). However, H&R Block will not invoke its right to arbitrate any individual claim that you bring in small claims court, as long as it is brought and Lesseemaintained as an individual claim. ⦁ As used in this Arbitration Agreement, “ClaimsH&R Block” are shall also include the direct or indirect parents, subsidiaries and affiliates of any claims or controversiesof the companies referenced at the beginning of this document as well as the officers, at law or in equitydirectors, against each other related in agents, employees and franchisees of any way of the H&R Block companies. Right to or arising Opt Out of This Arbitration Provision: H&R Block does not require you to accept arbitration. You may opt out of in any way to this Arbitration Agreement within the first 60 days after you submit this RDA Agreement by visiting ▇▇▇▇ or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and .▇▇▇▇▇▇, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that ▇.▇▇▇/▇▇▇▇/▇▇▇▇▇▇ brings against Lessor’s employeesor by sending a signed letter to H&R Block Arbitration Opt-Out, agentsP.O. Box 32818, parent companiesKansas City, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”)MO 64171. ⦁ Unless Lessee and Lessor each agree otherwiseThe letter should include your printed name, the first five digits of your Social Security Number, and the words “Reject Arbitration.” How Arbitration will Works. Either party may initiate arbitration, which shall be conducted by a single, neutral third party arbitrator the American Arbitration Association (the “ArbitratorAAA”) pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer-Related Disputes (“AAA Rules”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into modified by this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Arbitration Agreement. The costs of any such Arbitration shall be borne equally by AAA Rules are available on the Lessor and AAA’s website, ▇▇▇.▇▇▇.▇▇▇, or by calling the AAA at (▇▇▇) ▇▇▇-▇▇▇▇. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ ▇▇▇▇▇▇ AND ▇▇▇▇▇▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims arbitrator shall be subject appointed pursuant to AAA Commercial Arbitration under Rule R-11. All issues are for the terms arbitrator to decide, except that issues relating to the validity, enforceability, and scope of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it Agreement shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed determined by a court and not by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision. H&R Block does not consent to, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days not have authority to comment on conduct, any class action arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims, under any circumstance. If the proposed decision (immediately preceding sentence or the Class Action Waiver is found to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making be unenforceable, then the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms entirety of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party Arbitration Agreement shall be entitled null and void, subject to receive from a party’s right to appeal the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceedingcourt order finding any section unenforceable.

Arbitration Provision. ⦁ Except as provided below, Lessor and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the ▇▇▇▇ or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and ▇▇▇▇▇▇, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that ▇▇▇▇▇▇ brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor ▇▇▇▇▇▇ each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISIONARBITRATION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND AS WELL AS LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration arising under the terms of this Agreement. The costs of any such Arbitration shall be borne equally by the Lessor and ▇▇▇▇▇▇. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ ▇▇▇▇▇▇ AND ▇▇▇▇▇▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION OR ANY OTHER CLAIM ON A CLASS-WIDE, REPRESENTATIVE, OR CONSOLIDATED BASIS. ▇▇▇▇▇▇ AND ▇▇▇▇▇▇ ALSO AGREE THAT THEY WILL NOT PARTICIPATE AS A MEMBER OF A CLASS, AS A CLASS REPRESENTATIVE, OR IN A CONSOLIDATED ACTION. ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.

Arbitration Provision. ⦁ Except Any claim, dispute or controversy between me and HSBC (at specifically defined below far purposes of this Arbitration Provision), whether in contract or tort (intentional or otherwise), whether pre-existing, present or future, and including constitutional, statutory, common law, regulatory, and equitable claims in any way relating to (a) any of these or any other Documents or any ERA that I have previously requested or received from HSBC, (b) advertisements, promotions, or oral or written statements related to this or any other Application for a RAL or any ERA that I have previously requested or received from HSBC, (c) the relationship of HSBC and me relating to any of these or any other Documents or any ERA that I have previously requested or received from HSBC; and (d) except as provided below, Lessor and Lessee agree to binding arbitration the validity, enforceability or scope of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversies, at law or in equity, against each other related in any way to or arising out of in any way to the ▇▇▇▇ this Arbitration Provision or any claim that arises between of bodily injury or property damage, or the enforcement of any remedy under any law, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, but are not limited to, claims related in any way to or arising out of in any way to any aspect of the relationship between Lessor and ▇▇▇▇▇▇, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. “Claims” also include such claims that ▇▇▇▇▇▇ brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) , and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction part thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, the issue whether any particular claim, dispute or controversy must be submitted to arbitration arising under (collectively the “Claim”), shall be resolved, upon the election of either me or HSBC, by binding arbitration pursuant to this Arbitration Provision and the applicable rules of the American Arbitration Association (“AAA”) or the National Arbitration Forum (“NAF”) in effect at the time the Claim is filed. I shall have the right to select one of these arbitration administrators (the “Administrator”). The arbitrator must be a lawyer with more than ten (10) years of experience or a retired or former judge. In the event of a conflict between this Arbitration Provision and the rules of the Administrator, this Arbitration Provision shall govern. In the event of a conflict between this Arbitration Provision and the balance of this Application or any other Documents, this Arbitration Provision shall govern. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any organization that has in place a formal or informal policy that is inconsistent with and purports to override the terms of this AgreementArbitration Provision, including the Class Action Waiver Provision defined below. HSBC hereby agrees not to invoke its right to arbitrate an individual Claim I may bring in small claims court or an equivalent court, if any, so long as the Claim is pending only in that court. No class actions or private attorney general actions in court or in arbitration or joinder or consolidation of claims in court or in arbitration with other persons, are permitted without the consent of HSBC and me. The validity and effect of the preceding sentence (herein referred to as the “Class Action Waiver Provision”) shall be determined exclusively by a court and not by the Administrator or any arbitrator. Neither the Administrator nor any arbitrator shall have the power or authority to waive, modify or fail to enforce the Class Action Waiver Provision, and any attempt to do so, whether by role, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any arbitration hearing that I attend will take place in a location that is reasonably convenient for me: On any Claim I file, I will pay the first $50.00 of the filing fee. At my request, HSBC will pay the remainder of the filing fee and any administrative or hearing fees charged by the Administrator, up to $1,500.00 on any Claim asserted by me in the arbitration. If I should be required to pay any additional fees to the Administrator, HSBC will consider a request by me to pay all or part of the additional fees; however, HSBC shall not be obligated to pay any additional fees unless the arbitrator grants me an award. If the arbitrator grants an award in my favor, HSBC will reimburse me for any additional fees paid or owed by me to the Administrator up to the amount of the fees that would have been charged if the original Claim had been for the amount of the actual award in my favor. If the arbitrator issues an award in HSBCs favor, I will not be required to reimburse HSBC for any fees HSBC has previously paid to the Administrator or for which HSBC is responsible. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (the “FAA”), and not by any state law concerning arbitration. The arbitrator shall follow and apply applicable substantive law to the extent consistent with the FAA, statutes of limitation and claims of privilege and shall be authorized to award all remedies permitted by applicable substantive law, including, without limitation, compensatory, statutory and punitive damages, declaratory, injunctive and other equitable relief and attorneys’ fees and costs. The arbitrator will follow rules of procedure and evidence consistent with the FAA, this Arbitration Provision and, to the extent consistent with this Arbitration Provision, the Administrator’s rules. Upon request of either party, the arbitrator shall prepare a short reasoned written opinion supporting the arbitration award. Judgment upon the award may be entered in any court having jurisdiction. The arbitrator’s award will be final and binding except for: (a) any appeal right under the FAA; and (b) any appeal of Claims involving more than $100,000. For such Claims, any party may appeal the award to a three-arbitrator panel appointed by the Administrator, which will reconsider de novo (i.e., in its entirety) any aspect or all aspects of the initial award that is appealed. The panel’s decision will be final and binding, except for any appeal right under the FAA. Unless applicable law provides otherwise, the appealing party will pay the appeal’s costs (i.e., the amounts owed to the Administrator and the arbitrators), regardless of its outcome. However, HSBC will consider in good faith any reasonable request for HSBC to bear up to the full costs of any such the appeal. Nothing in this Arbitration Provision shall be borne equally construed to prevent HSBC’s use of offset or other contractual rights involving payment of my income tax refund or other amount on deposit with HSBC to pay off any ERA, RAL, or similar financial service, or BFC or other fees, now or thereafter owed by me to HSBC or any Other ERA or RAL Lender or BFC or third party pursuant to the Lessor Documents or similar prior documents. I ACKNOWLEDGE THAT I HAVE A RIGHT TO LITIGATE CLAIMS IN COURT BEFORE A JUDGE OR JURY, BUT I PREFER TO RESOLVE ANY SUCH CLAIMS THROUGH ARBITRATION AND HEREBY KNOWINGLY AND VOLUNTARILY WAIVE MY RIGHTS TO LITIGATE SUCH CLAIMS IN COURT BEFORE A JUDGE OR JURY, UPON ELECTION OF ARBITRATION BY HSBC OR BY ME. I ACKNOWLEDGE THAT I WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR CLAIMANTS OR AS A PRIVATE ATTORNEY GENERAL PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. I UNDERSTAND THAT, IF I AM A MEMBER OF THE PUTATIVE CLASS IN CUMMINS, ET AL. V. H&R BLOCK, ET AL., CASE NO. 03-C-134 IN THE CIRCUIT COURT OF KANAWHA COUNTY, WV, THIS ARBITRATION CLAUSE MAY NOT ACT AS A WAIVER OF THE RIGHTS AND CLAIMS I MAY HAVE IN THAT ACTION. This Arbitration Provision shall supersede any prior Arbitration Provisions contained in any previous ERA application or related agreement and shall survive repayment of any ERA and termination of my account; provided, however, that if I reject this Arbitration Provision as set forth below, all prior Arbitration Provisions shall remain in full force and effect. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Arbitration Provision. However, if a determination is made that the Class Action Waiver Provision is unenforceable, this Arbitration Provision (other than this sentence) and any prior Arbitration Provision shall be null and void. To reject this Arbitration Provision, I must send HSBC, c/o HSBC Taxpayer Financial Services, Account Research, P.O. ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇. ⦁ The process of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining and such person will be the Arbitrator. ⦁ ▇▇▇▇▇▇, ▇▇ AND ▇▇▇▇▇, ▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims signed writing (“Rejection Notice”) that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under the terms of this Arbitration Provision unless brought in Small Claims Court. If any action for possession of the Premises must be brought in Superior Court, it shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writing, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than is received within thirty (30) calendar days following after the conclusion of date I submit this Application. The Rejection Notice must identify the hearing (five (5) days for an Unlawful Detainer Actiontransaction involved and must include my name, address, and social security number and must be signed by all persons signing this Application as Applicant(s). Except I may send the Rejection Notice in any manner I see fit as long as it is received at the case of an Unlawful Detainer Action, specified address within the arbitrator shall give each party at least ten (10) days specified time. No other methods can be used to comment on reject the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Arbitration Agreement. ⦁ Attorneys fees. In any If the Rejection Notice is sent on my behalf by a third party, such Arbitration, third party must include evidence of his or her authority to submit the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceedingRejection Notice on my behalf.

Arbitration Provision. ⦁ Important Note Regarding this Arbitration Provision: i. How This Arbitration Provision Applies. This Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”). Except as it otherwise provides, this Arbitration Provision applies to any dispute, past, present or future, arising out of or related to this Agreement or formation or termination of the Agreement and survives after the Agreement terminates. Nothing contained in this Arbitration Provision shall be construed to prevent or excuse you from utilizing any informal procedure for resolution of complaints established in this Agreement (if any), and this Arbitration Provision is not intended to be a substitute for the utilization of such procedures. This agreement shall be governed by the FAA even in the event this Arbitration Provision is found to be exempt from the FAA as a matter of law. Any disputes in this regard shall be resolved exclusively by an arbitrator. In the event the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which the majority of your Delivery Services are provided shall apply (or if you have never performed Delivery Services, the state in which you reside). Except as provided in Section 15.3(v), below, Lessor regarding the Class Action Waiver and Lessee agree to binding arbitration of all Claims between Lessor and Lessee. ⦁ “Claims” are any claims or controversiesPAGA Waiver, at law or in equity, against each other related in any way to or such disputes include disputes arising out of or relating to interpretation, application, enforceability, revocability or validity of this Arbitration Provision, or any portion of the Arbitration Provision. This also includes disputes regarding whether the Arbitration Provision is governed by the FAA. All such matters shall be decided by an Arbitrator and not by a court or judge. As set forth in any way Section 15.3(v), the preceding sentences in this paragraph shall not apply to disputes relating to the ▇▇▇▇ Class Action Waiver or any claim that arises PAGA Waiver, defined below, including their interpretation, enforceability, revocability or validity. Except as it otherwise provides, this Arbitration Provision also applies to all disputes between of bodily injury you and the Company or property damageUber, as well as all disputes between you and the Company’s or the enforcement Uber’s fiduciaries, administrators, affiliates, subsidiaries, parents, and all successors and assigns of any remedy under any lawof them, ordinance, statute or regulation, even if it arises after the Agreement has terminated. “Claims” include, including but are not limited to, claims related in to any way to or disputes arising out of in any way or related to any aspect this Agreement and disputes arising out of or related to your relationship with the Company or Uber, including the formation or termination of the relationship between Lessor relationship. Except as it otherwise provides, this Arbitration Provision also applies to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and ▇▇▇▇▇▇rest periods, whether based in contractexpense reimbursement, torttermination, statuteharassment, fraudretaliation, misrepresentation, or any other legal theory. “Claims” also include such claims that ▇▇▇▇▇▇ brings against Lessor’s employees, agents, parent companies, subsidiaries, affiliates, or other representatives or that Lessor brings against Lessee, including any action for possession of the Premises under California Code of Civil Procedure Sections 1159 et.seq.(an “Unlawful Detainer Action”). ⦁ Unless Lessee and Lessor each agree otherwise, the Arbitration will be conducted by a single, neutral third party arbitrator (the “Arbitrator”), who must be a retired California Superior Court judge. EACH PARTY ACKNOWLEDGES THAT, BY ACCEPTING THIS ARBITRATION PROVISION, HE, SHE OR IT IS WAIVING THE RIGHT TO A JURY TRIAL, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN STATE COURT, WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ARBIRTATION CLAIM AGAINST 1099 PRO, AND LIMITING THE RIGHTS OF APPEAL. Any such arbitration shall be held in Los Angeles, California, in accordance with the laws of the State of California and under the auspices and (except as provided hereunder) rules of JAMS (or any successor thereto) discrimination, and judgment upon the award rendered in said arbitration shall be final and may be entered in any court in the State of California having jurisdiction thereof. Any party hereto may apply for such arbitration. The parties incorporate the provisions of California Code of Civil Procedure, Sections 1283.05 and 1283.1 (relating to discovery) into this Agreement, and make those provisions a part of and applicable to any proceedings, including, but not limited to, arbitration claims arising under the terms Uniform Trade Secrets Act, Civil Rights Act of this Agreement. The costs of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any such Arbitration shall be borne equally benefit plan sponsored by the Lessor Company and ▇▇▇▇▇▇covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non- Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal, state and/or local statutory and common law claims. ⦁ The process This Arbitration Provision is intended to require arbitration of selecting an Arbitrator shall begin with the Agency providing a list of five (5) potential Arbitrators. Each party alternately (beginning with the Lessee) shall eliminate one (1) name until there is only one (1) name remaining every claim or dispute that lawfully can be arbitrated, except for those claims and such person will be the Arbitrator. ⦁ ▇▇▇▇▇▇ AND ▇▇▇▇▇▇ AGREE THAT THEY WILL ONLY PURSUE ARBITRATION ON ⦁ Claims Not Subject To Arbitration. Either Lessor or Lessee may bring Claims in small claims court. Either Lessor or Lessee may pursue the self-help and other remedies and defenses provided in California Business and Professions Code section 21700 et seq. However, this exception does not include Claims that are derivative or based on violations of California Business and Professionals Code section 17200 et seq., including, without limitation, Claims for conversion, negligence, breach of contract, other violations of state or federal law, or valuation as provided in California Business and Professions Code section 17200 et seq.; ; any such Claims shall be subject to Arbitration under disputes which by the terms of this Arbitration Provision unless brought are expressly excluded from arbitration. Uber Technologies, Inc. is an intended third-party beneficiary of this Agreement and the Arbitration Provision. As used in Small Claims Court. If any action for possession of this Arbitration Provision, “the Premises must be brought in Superior Court, it Company” shall be brought in the Superior Court for the County of Los Angeles. ⦁ Written Award. The arbitrator's award shall be in writingdeemed to include Uber Technologies, signed by the arbitrator, shall set forth a concise statement of the reasons for the arbitrator's decision, and shall be sent to the parties by certified mail, return receipt requested no later than thirty (30) calendar days following the conclusion of the hearing (five (5) days for an Unlawful Detainer Action). Except in the case of an Unlawful Detainer Action, the arbitrator shall give each party at least ten (10) days to comment on the proposed decision (to point out errors) and at least five (5) days to comment on any modified proposed decision (to point out errors) before making the decision final. ⦁ No Modification of Terms. The arbitrator shall not extend, modify or suspend any of the terms of this Agreement. ⦁ Attorneys fees. In any such Arbitration, the prevailing party shall be entitled to receive from the losing party reasonable attorneys' fees and costs for the services rendered the prevailing party in such action or proceeding.Inc.