Common use of CLASS-ARBITRATION WAIVER Clause in Contracts

CLASS-ARBITRATION WAIVER. ARBITRATION IS residents may choose JAMS (▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇. ▇▇▇, HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE Irvine, CA 92614, ▇▇▇.▇▇▇▇▇▇▇.▇▇▇) or, subject to our IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY approval, any other arbitration organization. In addi- RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE tion, Canadian residents may choose the ADR Institute OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY of Canada (▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇. East, Suite 405, Toronto, HAVE AGAINST US OR WE AGAINST YOU, OR AS A Ontario, M4P 1K5, ▇▇▇.▇▇▇▇.▇▇▇). These organizations’ PRIVATE ATTORNEY GENERAL OR IN ANY OTHER rules can be obtained by contacting the organization REPRESENTATIVE CAPACITY, TO THE MAXIMUM or visiting its website. If the chosen arbitration EXTENT PERMITTED BY LAW. YOU AND WE ALSO organization’s rules conflict with this Arbitration Clause, WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS OR the provisions of this Arbitration Clause control. The REPRESENTATIVE ACTION IN ANY FORM, INCLUDING award of the arbitrator(s) shall be final and binding on ANY CLASS ARBITRATION, OR ANY CONSOLIDATION OF all parties. INDIVIDUAL ARBITRATIONS. Part No. PWCFURNUQNTC 07/2023 NON-OWNER OCCUPIED RESIDENCE WARRANTY Models: CCVS80, CCVS96, GCVC80, GMVC80, GCVC96, GCVM97, GMVC96, GMVM97, GMVS80, GMVS96, GC9C96, GD9S96, GD9T80, GD9T96, GDVM97, GDVT80, GDVT96, GM9C96, GC9C80, GM9C80, GC9S96, GM9S96, GCEC96, GCEC80, GMEC80, GCES96, GMEC96, GMES96, GR9S96, GR9T80, GR9T96, GRVM97, GRVT80, GRVT96 8. Location of the Arbitration Hearing: Unless applicable 10. Survival and Enforceability of this Arbitration Clause: law provides otherwise, the arbitration hearing for This Arbitration Clause shall survive the expiration United States residents will be conducted in the federal or termination, or any transfer, of the warranty on judicial district in which you reside (in your hometown your unit. If any part of this Arbitration Clause, area) or, for Canadian residents, in the province in which except waivers of class-action rights, is found to be you reside, and if you choose, will be in person. unenforceable for any reason, the remainder of this 9. Costs of the Arbitration: Each party is responsible for its clause and the warranty shall remain enforceable. If, own attorney, expert, and other costs and fees unless in a case in which class-action allegations have been applicable law requires otherwise. Notwithstanding the made, the waiver of class-action rights under this preceding sentence, and unless applicable law requires warranty is found to be unenforceable with respect to otherwise, if you are a consumer under the JAMS any part of the dispute, the parts of the dispute as to rules: (a) if you initiate arbitration, Daikin will pay your which the waiver of class-action rights have been found share of the costs and fees charged by the arbitration unenforceable will be severed and will proceed in court organization and arbitrator(s) beyond the first $200; and without reference or application of this Arbitration (a) if Daikin initiates arbitration, Daikin will pay all costs Clause. Any remaining parts will proceed in arbitration. and fees charged by the arbitration organization and arbitrator(s). Part No. PWCFURNUQNTC 07/2023

CLASS-ARBITRATION WAIVER. ARBITRATION IS residents may choose JAMS (▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇approval, ▇▇▇any other arbitration organization. ▇▇▇, In addi- HANDLED ON AN INDIVIDUAL BASIS. IF A DISPUTE Irvinetion, CA 92614, ▇▇▇.▇▇▇▇▇▇▇.▇▇▇) or, subject to our Canadian residents may choose the ADR Institute IS ARBITRATED, YOU AND WE EXPRESSLY WAIVE ANY approval, any other arbitration organization. In addi- RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE tion, Canadian residents may choose the ADR Institute OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY of Canada (▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇. East, Suite 405, Toronto, HAVE AGAINST US OR WE AGAINST YOU, OR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE Ontario, M4P 1K5, ▇▇▇.▇▇▇▇.▇▇▇). These organizations’ PRIVATE ATTORNEY GENERAL OR IN CLASS MEMBER ON ANY OTHER CLASS CLAIM YOU MAY rules can be obtained by contacting the organization REPRESENTATIVE CAPACITYHAVE AGAINST US OR WE AGAINST YOU, TO THE MAXIMUM OR AS A or visiting its website. If the chosen arbitration PRIVATE ATTORNEY GENERAL OR IN ANY OTHER organization’s rules conflict with this Arbitration Clause, REPRESENTATIVE CAPACITY, TO THE MAXIMUM the provisions of this Arbitration Clause control. The EXTENT PERMITTED BY LAW. YOU AND WE ALSO organization’s rules conflict with this Arbitration Clause, WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS OR the provisions of this Arbitration Clause control. The REPRESENTATIVE ACTION IN ANY FORM, INCLUDING award of the arbitrator(s) shall be final and binding on WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS OR all parties. REPRESENTATIVE ACTION IN ANY FORM, INCLUDING ANY CLASS ARBITRATION, OR ANY CONSOLIDATION OF all parties. INDIVIDUAL ARBITRATIONS. 4. Discovery and Other Rights: Discovery and rights to appeal in arbitration are generally more limited than in Part No. PWCFURNUQNTC PWCPKGEPTYURG 07/2023 NON-OWNER OCCUPIED RESIDENCE WARRANTY Models: CCVS80GPD14M, CCVS96GPG16M, GCVC80GPG14M, GMVC80GPU14M, GCVC96GPDM3, GCVM97GPGM3, GMVC96GPGM5, GMVM97, GMVS80, GMVS96, GC9C96, GD9S96, GD9T80, GD9T96, GDVM97, GDVT80, GDVT96, GM9C96, GC9C80, GM9C80, GC9S96, GM9S96, GCEC96, GCEC80, GMEC80, GCES96, GMEC96, GMES96, GR9S96, GR9T80, GR9T96, GRVM97, GRVT80, GRVT96 GPUM3 8. Location of the Arbitration Hearing: Unless applicable 10. Survival and Enforceability of this Arbitration Clause: law provides otherwise, the arbitration hearing for This Arbitration Clause shall survive the expiration United States residents will be conducted in the federal or termination, or any transfer, of the warranty on judicial district in which you reside (in your hometown your unit. If any part of this Arbitration Clause, area) or, for Canadian residents, in the province in which except waivers of class-action rights, is found to be you reside, and if you choose, will be in person. unenforceable for any reason, the remainder of this 9. Costs of the Arbitration: Each party is responsible for its clause and the warranty shall remain enforceable. If, own attorney, expert, and other costs and fees unless in a case in which class-action allegations have been applicable law requires otherwise. Notwithstanding the made, the waiver of class-action rights under this preceding sentence, and unless applicable law requires warranty is found to be unenforceable with respect to otherwise, if you are a consumer under the JAMS any part of the dispute, the parts of the dispute as to rules: (a) if you initiate arbitration, Daikin will pay your which the waiver of class-action rights have been found share of the costs and fees charged by the arbitration unenforceable will be severed and will proceed in court organization and arbitrator(s) beyond the first $200; and without reference or application of this Arbitration (ab) if Daikin ▇▇▇▇▇▇ initiates arbitration, Daikin will pay all costs Clause. Any remaining parts will proceed in arbitration. and fees charged by the arbitration organization and arbitrator(s). Part No. PWCFURNUQNTC PWCPKGEPTYURG 07/2023