Common use of PLEASE READ THIS SECTION CAREFULLY Clause in Contracts

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. The parties further agree that the arbitration will be conducted in Customer’s respective individual PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. The parties further agree that the arbitration will be conducted in Customer’s respective individual capacity only and not as a class action or other representative action, and Customer expressly waive its right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SYNCFUSION IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null capacity only and not as a class action or other representative action, and Customer expressly waive its right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SYNCFUSION IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. The parties further You and Pentair agree that this Agreement affects interstate commerce and that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of these arbitration will be conducted in Customer’s respective individual PLEASE READ provisions. You and Pentair are each subject to the terms of this Section 21 below. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICE AND ALL RELATED MATTERS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT PENTAIR AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY; PROVIDED THAT PENTAIR MAY APPLY TO ANY COURT OF COMPETENT JURISDICTION FOR TEMPORARY OR PERMANENT INJUNCTIVE RELIEF WITH RESPECT TO DISPUTES RELATING TO INTELLECTUAL PROPERTY RIGHTS OR BREACH OF CONFIDENTIALITY OBLIGATIONS, WITHOUT BREACH OF THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. The parties further agree that the arbitration will be conducted in Customer’s respective individual capacity only and not as a class action or other representative action, and Customer expressly waive its right to file a class action or seek relief on a class basis21 WITHOUT ANY ABRIDGMENT OF THE POWERS OF THE ARBITRATOR. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU MAY BRING CLAIMS AGAINST SYNCFUSION ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN YOUR INDIVIDUAL CAPACITYA CLASS The provisions of Section 19 will apply with respect to the governing Law of the arbitration. Selection of the arbitrator shall be in accordance with the Rules. The arbitrator will conduct hearings, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDINGif any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by Pentair that an in-person hearing is appropriate. If Your principal place of business is in the United States or Canada, any in- person appearances will be held in Minneapolis, Minnesota, provided that if You are a consumer (as defined by the Rules), You have a right to an in-person hearing in Your hometown area. If the parties are unable to agree on a location, such determination should be made pursuant to the Rules or by the arbitrator. If Your residence or principal place of business is in a country in APAC, the place of arbitration will be Singapore. If Your residence or principal place of business is outside of the United States, Canada or any country in APAC, the place of arbitration will be London, United Kingdom. The arbitration shall be conducted in English. Notwithstanding the foregoing, if your principal place of business is in the Netherlands, you may opt to resolve any Dispute before Dutch courts, provided that you notify Pentair of this election within thirty (30) days of Pentair notifying you of Pentair’s intention to commence arbitration. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court or arbitrator determines that having jurisdiction thereof. The arbitrator’s award will provide a written statement of the class action waiver set forth disposition of each claim, the award given and the essential findings and conclusions on which the award is based. Notwithstanding any of the foregoing, nothing in this paragraph Agreement will preclude You from bringing issues to the attention of federal, state or local agencies and, if applicable Law allows, they can seek relief against Pentair for You. If You are a consumer (as defined by the Rules), remedies that would otherwise be available to You under applicable federal, state or local Laws will remain available under this arbitration clause, unless You retain the right to pursue such remedies in court. As part of the arbitration, both You and Pentair will have the opportunity for discovery of non-privileged information that is void or unenforceable for any reason or that an relevant to the claim. If You are a consumer (as defined by the Rules) and You initiate arbitration can proceed on a class basisagainst Pentair, then the arbitration provisions set forth above only fee required to be paid is $250 (the approximate cost of court filing fees) and all other costs will be deemed null capacity only borne by Pentair, including any remaining JAMS Case Management Fee and not as a class action or other representative action, and Customer expressly waive its right to file a class action or seek relief on a class basis. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SYNCFUSION IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDINGprofessional fees for the arbitrator’s services. If any court or Pentair initiates arbitration against You and You are a consumer (as defined by the Rules), Pentair will pay for all costs associated with the arbitration. The parties are responsible for paying their own attorneys’ fees. For arbitrations outside of California, the arbitrator determines that shall have the class action waiver set forth in this paragraph authority to award attorney's fees and costs to the prevailing party if such an award is void or unenforceable for any reason or that an arbitration can proceed on allowed under applicable Law. For arbitrations within California, the arbitrator shall not have the authority to award attorney's fees and costs to a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have claimant who does not agreed to arbitrate disputesprevail against Pentair.