Common use of Arbitration and Waiver of Jury Trial Clause in Contracts

Arbitration and Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY NEW HAMPSHIRE LAW, ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS CONTRACT, SHALL BE FINALLY RESOLVED BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA COMMERCIAL RULES AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS A SMALL CLAIMS ACTION IN THE DISTRICT OR MUNICIPAL COURTS OF NEW HAMPSHIRE PURSUANT TO N.H. REV. STAT. XXX. CH. 503, IF THE DISPUTE OR CLAIM IS WITHIN THE SCOPE OF THE COURT’S JURISDICTION. BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A SMALL CLAIMS ACTION, AND THE RIGHT TO A JURY TRIAL. THE ABILITY TO CONDUCT DISCOVERY IN ARBITRATION IS LIMITED AND THE ARBITRATOR’S DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Arbitration and Waiver of Jury Trial. SELLER AND BUYER WAIVE ANY RIGHT TO THE FULLEST EXTENT PERMITTED TRIAL BY NEW HAMPSHIRE LAWJURY ON ANY CLAIM, ANY DISPUTEDEMAND, CONTROVERSY ACTION OR CLAIM CAUSE OF ACTION. ALL CLAIMS, DISPUTES AND OTHER MATTERS IN QUESTION BOTH BEFORE AND AFTER SETTLEMENT ARISING OUT OF, OF OR RELATING TO THIS AGREEMENT OF SALE OR THE UNIT BEING PURCHASED SHALL BE DECIDED BY ARBITRATION IN ACCORDANCE WITH THE FOLLOWING RULES. BUYER SHALL SELECT AN INDIVIDUAL TO REPRESENT BUYER'S INTEREST IN THE SELECTION OF BUYER’S INITIALS: - AN ARBITRATOR AND WITHIN FIVE DAYS AFTER XXXXX'S SELECTION, SELLER SHALL SELECT A REPRESENTATIVE OF SELLER'S INTEREST IN THE SELECTION OF AN ARBITRATOR AND THOSE TWO REPRESENTATIVES MUST WITHIN TEN DAYS AFTER THE APPOINTMENT OF THE SECOND PERSON AGREE ON A THIRD PERSON WHO WILL BE THE SOLE ARBITRATOR. ARBITRATION MUST COMMENCE WITHIN TWENTY DAYS AFTER THE SELECTION OF THE ARBITRATOR AND THE DECISION RENDERED WITHIN FIVE DAYS AFTER THE HEARING. THE FEES OF THE ARBITRATOR WILL BE PAID AS DETERMINED BY THE ARBITRATOR. BUYER AND SELLER EACH AGREE THAT NO ACTION AT LAW OR IN CONNECTION WITH THIS CONTRACT, EQUITY OR ANY LIS PENDENS OR OTHER ACTION SHALL BE FINALLY RESOLVED BY ARBITRATION BEFORE UNDERTAKEN PRIOR TO OR DURING THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA COMMERCIAL RULES AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION COURSE OF EITHER PARTY, BROUGHT AS A SMALL CLAIMS ACTION IN THE DISTRICT OR MUNICIPAL COURTS OF NEW HAMPSHIRE PURSUANT TO N.H. REV. STAT. XXX. CH. 503, IF THE DISPUTE OR CLAIM IS WITHIN THE SCOPE OF THE COURT’S JURISDICTION. BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A SMALL CLAIMS ACTION, AND THE RIGHT TO A JURY TRIALARBITRATION. THE ABILITY TO CONDUCT DISCOVERY IN ARBITRATION IS LIMITED AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND THE ARBITRATOR’S DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, JUDGMENT MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER ENTERED UPON IT IN ARBITRATION OR THROUGH A ACCORDANCE WITH APPLICABLE LAW IN ANY COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDINGHAVING JURISDICTION THEREOF. IN THE EVENT THAT EITHER PARTY INSTITUTES ANY LEGAL PROCEEDING OTHER THAN ARBITRATION AND THE PROHIBITION ON CLASS OTHER PARTY IS REQUIRED TO CONTEST THAT PROCEEDING TO HAVE THE DISPUTE DETERMINED BY ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY PARTY INSTITUTING THE OTHER PROCEEDING SHALL BE LIABLE FOR AND PAY TO THE NON-DEFAULTING PARTY ALL ATTORNEY’S FEES AND COSTS INCURRED BY THE NON-DEFAULTING PARTY. PAYMENT OF THE ATTORNEY’S FEES AND COSTS WILL BE A PREREQUISITE TO COMMENCING ANY ARBITRATION HEARING. BUYER AND SELLER AGREE THAT THE COUNTY IN WHICH THE PROPERTY WHICH IS THE SUBJECT OF THIS ARBITRATION PROVISION AGREEMENT OF SALE IS LOCATED SHALL BE NULL THE COUNTY IN WHICH ANY LITIGATION TAKES PLACE. IN THE EVENT THAT THE PARTIES SHOULD END UP IN THE COURT OF COMMON PLEAS, SELLER AND VOID. JUDGMENT BUYER HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY ON THE ARBITRATORANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION 16 BUYER’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTION. INITIALS: - ARISING UNDER THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCEAGREEMENT, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT FURTHER AGREE THAT ANY SUCH CLAIM, DEMAND, ACTION OR CAUSE OF THIS PROVISION. THIS ARBITRATION PROVISION ACTION SHALL SURVIVE TERMINATION OF THIS AGREEMENTBE DECIDED BY COURT TRIAL WITHOUT A JURY.

Arbitration and Waiver of Jury Trial. ALL DISPUTES OR CLAIMS PERTAINING TO THE FULLEST EXTENT PERMITTED BY NEW HAMPSHIRE LAWSERVICE, ANY DISPUTEA SERVICE ACCOUNT OR THE RELATIONSHIPS THAT ARISE THERE FROM, CONTROVERSY WHETHER BASED IN CONTRACT, TORT OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS CONTRACTOTHERWISE, SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION BEFORE UNDER THE EXPEDITED PROCEDURES OF THE COMMERCIAL FINANCIAL DISPUTES ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER AND THE FEDERAL ARBITRATION ACT IN TITLE 9 OF THE US CODE. ARBITRATION HEARINGS WILL BE HELD IN THE STATE OF INDIANA IN A CITY OF FIRST MERCHANTS BANK, NA CHOOSING. A SINGLE ARBITRATOR WILL BE APPOINTED BY THE AAA COMMERCIAL RULES AND WILL BE AN ATTORNEY OR A RETIRED JUDGE WITH EXPERIENCE AND KNOWLEDGE IN BANKING TRANSACTIONS. ANY ISSUE CONCERNING WHETHER OR THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS EXTENT TO WHICH A SMALL CLAIMS ACTION IN THE DISTRICT OR MUNICIPAL COURTS OF NEW HAMPSHIRE PURSUANT TO N.H. REV. STAT. XXX. CH. 503, IF THE DISPUTE OR CLAIM IS WITHIN THE SCOPE OF THE COURT’S JURISDICTION. BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A SMALL CLAIMS ACTION, AND THE RIGHT TO A JURY TRIAL. THE ABILITY TO CONDUCT DISCOVERY IN ARBITRATION IS LIMITED AND THE ARBITRATOR’S DECISION IS SUBJECT TO VERY ARBITRATION, INCLUDING BUT NOT LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR ISSUES RELATING TO THE VALIDITY OR ENFORCEABILITY OF THESE ARBITRATION PROVISIONS, SHALL BE DETERMINED BY THE ARBITRATOR. ALL STATUES OF LIMITATIONS OR OTHER DEFENSES RELATING TO THE TIMELINESS OF THE ASSERTION OF A DISPUTE OR CLAIM THAT OTHERWISE WOULD BE APPLICABLE TO AN ACTION BROUGHT IN A COURT OF LAW SHALL BE APPLICABLE IN ANY PORTION SUCH ARBITRATION, AND THE COMMENCEMENT OF AN ARBITRATION UNDER THIS AGREEMENT SHALL BE DEEMED THE COMMENCEMENT OF AN ACTION FOR SUCH PURPOSES. NO PROVISION OF THIS PARAGRAPH SHALL RESTRICT THE ABILITY OF ANY PERSON TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE UNDER APPLICABLE LAW OR THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE EXERCISE OF THOSE RIGHTS OR REMEDIES IS SUBJECT TO THE RIGHT OF ANY OTHER PERSON TO DEMAND ARBITRATION PROVISIONAS PROVIDED HEREIN. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS CONTRACT COMMENCEMENT OF LEGAL ACTION BY A PERSON ENTITLED TO DEMAND ARBITRATION DOES NOT PERMIT WAIVE THE RIGHT OF THAT PERSON TO DEMAND ARBITRATION WITH RESPECT TO ANY COUNTERCLAIM OR OTHER CLAIM. A PERSON ENTITLED OR OBLIGATED TO DEMAND ARBITRATION SHALL BE PERMITTED TO ASSERT A DISPUTE OR CLAIM THAT IS BROUGHT ON BEHALF OF ANY OTHER PERSON AND THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE OR CLAIM TO BE ARBITRATED AS, OR ON THE BASIS OF, A CLASS ACTIONSACTION. SIMILARLY, EITHER AN ARBITRATION PROCEEDING UNDER THIS AGREEMENT MAY NOT BE CONSOLIDATED WITH OTHER ARBITRATIONS PROCEEDINGS. JUDGMENT UPON THE AWARD RENDERED IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, SHALL BE FINAL AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT COURT, STATE OR FEDERAL, HAVING JURISDICTION. THIS AGREEMENT EVIDENCES IF A TRANSACTION DISPUTE OR CLAIM IS NOT SUBJECT TO ARBITRATION FOR ANY REASON, THEN THE DISPUTE OR CLAIM SHALL BE DECIDED IN INTERSTATE COMMERCETHE COURTS OF DELAWARE COUNTY, INDIANA, WITHOUT A JURY. YOU AND THUS FIRST MERCHANTS BANK, NA IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY. YOU AGREE TO THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT TERMS STATED ON EVERY PAGE OF THIS PROVISION. THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF CLAIMS AND DISPUTES CLAUSE AS OF EFFECTIVE DATE ABOVE AND ACKNOWLEDGES RECEIPT OF THIS AGREEMENT.

Arbitration and Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY NEW HAMPSHIRE PENNSYLVANIA LAW, ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS CONTRACT, SHALL BE FINALLY RESOLVED BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA COMMERCIAL RULES AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS A SMALL CLAIMS ACTION ACTION, IN THE MAGISTERIAL DISTRICT COURT OR HARRISBURG MUNICIPAL COURTS COURT, JUDICIAL SYSTEM OF NEW HAMPSHIRE PURSUANT TO N.H. REV. STAT. XXX. CH. 503PENNSYLVANIA, (“SMALL CLAIMS COURT”), IF THE DISPUTE OR CLAIM IS WITHIN THE SCOPE OF THE COURT’S ITS JURISDICTION. BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A IN SMALL CLAIMS ACTIONCOURT, AND THE RIGHT TO A JURY TRIAL. THE ABILITY TO CONDUCT DISCOVERY IN ARBITRATION IS LIMITED AND THE ARBITRATOR’S DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.ITS

Arbitration and Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY NEW HAMPSHIRE LAWYou and Bank agree that the transactions contemplated in this Master Agreement, ANY DISPUTEincluding transaction contemplated in any applicable Product Schedules, User Guides and related supplemental agreements incorporated here, involve "interstate commerce" under the Federal Arbitration Act ("FAA"). EVERY CONTROVERSY OR CLAIM BETWEEN CUSTOMER AND ANY INDEMNIFIED PARTY ARISING OUT OF, RELATING OR IS IN ANY WAY RELATED TO OR RESULTING FROM, THIS MASTER AGREEMENT, THE SERVICES OR ANY OTHER SERVICES PROVIDED BY BANK, WHETHER BASED IN CONNECTION WITH THIS CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND FRAUD IN THE INDUCEMENT, WILL BE RESOLVED BY BINDING ARBITRATION UNDER THE FAA. THE ARBITRATION WILL BE CONDUCTED BY AN ATTORNEY LICENSED IN THE STATE ENCOMPASSING THE BRANCH OF THE BANK AT WHICH THE CUSTOMER TRANSACTS BUSINESS. UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR SHALL HAVE EXPERIENCE IN COMMERCIAL BANKING TRANSACTIONS. CUSTOMER AND BANK SHALL MUTUALLY SELECT AN ARBITRATOR. IF CUSTOMER AND BANK CANNOT MUTUALLY SELECT AN ARBITRATOR, EACH SHALL SELECT AN ATTORNEY TO ACT AS A LEGAL REPRESENTATIVE AND THOSE TWO ATTORNEYS SHALL MUTUALLY SELECT THE ARBITRATOR. THE ARBITRATION SHALL BE FINALLY RESOLVED BY ARBITRATION BEFORE CONDUCTED PURSUANT TO THE PROCEDURAL RULES (AS AMENDED) OF THE AMERICAN ARBITRATION ASSOCIATION (“"AAA”") UNDER ITS COMMERCIAL ARBITRATION RULES (THE "ARBITRATION RULES"). THE ARBITRATION SHALL BE CONDUCTED UNDER IN A CITY OF CUSTOMER'S CHOOSING WITHIN 100 MILES OF THE AAA COMMERCIAL RULES AND BRANCH OF THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, BANK AT WHICH THE ELECTION OF EITHER PARTY, BROUGHT CUSTOMER TRANSACTS BUSINESS (SO LONG AS A SMALL CLAIMS ACTION SUCH LOCATION IS IN THE DISTRICT OR MUNICIPAL COURTS SAME STATE AS THE STATE OF NEW HAMPSHIRE PURSUANT TO N.H. REVTHE ARBITRATOR BASED ON THE "SELECTION" CRITERIA ABOVE). STAT. XXX. CH. 503, IF THE DISPUTE OR A CLAIM IS WITHIN THE SCOPE OF THE COURT’S JURISDICTION. BY ENTERING INTO THIS CONTRACTSUBMITTED TO ARBITRATION, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A SMALL CLAIMS ACTION, AND (A) CUSTOMER WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL. ; (B) CUSTOMER WILL NOT HAVE THE ABILITY RIGHT TO CONDUCT ENGAGE IN PRE- ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION IS LIMITED RULES; (C) CUSTOMER WILL NOT HAVE THE RIGHT TO HAVE ANY CLAIM ARBITRATED AS A CLASS ACTION UNDER THE ARBITRATION RULES OR UNDER ANY OTHER RULES, WHETHER OF CIVIL PROCEDURE OR OTHERWISE; AND (D) THE ARBITRATOR’S 'S DECISION IS SUBJECT WILL BE FINAL AND BINDING WITH LIMITED RIGHTS TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISIONAPPEAL. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION IS SUPPLEMENTAL TO, AND NOT IN LIEU OF, ANY OTHER ALTERNATIVE DISPUTE RESOLUTION PROVISION, AND, IN THE EVENT OF A CONFLICT BETWEEN THIS PROVISION AND ANY OTHER SUCH ALTERNATIVE DISPUTE RESOLUTION PROVISION, THE TERMS OF THIS AGREEMENTPROVISION SHALL CONTROL. This agreement to arbitrate disputes will survive the closing of Customer's Accounts and the termination this Agreement.

Arbitration and Waiver of Jury Trial. TO YOU AND FINANCIAL INSTITUTION AGREE THAT THE FULLEST EXTENT PERMITTED BY NEW HAMPSHIRE LAW, TRANSACTIONS PROCESSED UNDER THIS MASTER AGREEMENT OR ANY DISPUTE, PRODUCT SCHEDULE INVOLVES “COMMERCE” UNDER THE FEDERAL ARBITRATION ACT (“FAA”). ANY CONTROVERSY OR CLAIM ARISING BETWEEN YOU AND FINANCIAL INSTITUTION, OR BETWEEN YOU AND ANY OF FINANCIAL INSTITUTION’S OFFICERS, EMPLOYEES, AGENTS OR AFFILIATED ENTITIES, THAT ARISES OUT OFOF OR IS RELATED TO ANY SERVICE PROVIDED UNDER THIS MASTER AGREEMENT OR ANY PRODUCT SCHEDULE, RELATING TO WHETHER BASED ON CONTRACT OR IN CONNECTION WITH THIS CONTRACTTORT OR ANY OTHER LEGAL THEORY, SHALL INCLUDING CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND FRAUD IN THE INDUCEMENT (COLLECTIVELY, ANY “CLAIM”), WILL BE FINALLY RESOLVED SETTLED BY BINDING ARBITRATION BEFORE UNDER THE FAA. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (“AAATHE ARBITRATION RULES”) CONDUCTED UNDER THE AAA COMMERCIAL RULES AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS ). IF A SMALL CLAIMS ACTION IN THE DISTRICT OR MUNICIPAL COURTS OF NEW HAMPSHIRE PURSUANT TO N.H. REV. STAT. XXX. CH. 503, IF THE DISPUTE OR CLAIM IS WITHIN THE SCOPE OF THE COURT’S JURISDICTION. BY ENTERING INTO THIS CONTRACTSUBMITTED TO ARBITRATION, (A) YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A SMALL CLAIMS ACTION, AND WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL. ; (B) YOU WILL NOT HAVE THE ABILITY RIGHT TO CONDUCT ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION IS LIMITED AND RULES; (C) YOU WILL NOT HAVE THE RIGHT TO HAVE ANY CLAIM ARBITRATED AS A CLASS ACTION UNDER THE ARBITRATION RULES OR UNDER ANY OTHER RULES OF CIVIL PROCEDURE; (D) THE ARBITRATOR’S DECISION IS SUBJECT WILL BE FINAL AND BINDING WITH LIMITED RIGHTS TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES APPEAL; AND RELIEF (E) THIS MASTER AGREEMENT SUPERSEDES ANY PRIOR ALTERNATIVE DISPUTE RESOLUTION AND/OR ARBITRATION AGREEMENT THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, EXIST BETWEEN YOU AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTIONFINANCIAL INSTITUTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, TO ARBITRATE DISPUTES WILL SURVIVE THE CLOSING OF YOUR ACCOUNT AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENTMASTER AGREEMENT OR ANY PRODUCT SCHEDULE.

Arbitration and Waiver of Jury Trial. TO YOU AND WE AGREE THAT THE FULLEST EXTENT PERMITTED BY NEW HAMPSHIRE LAW, TRANSACTIONS PROCESSED UNDER THIS AGREEMENT INVOLVES “COMMERCE” UNDER THE FEDERAL ARBITRATION ACT (“FAA”). ANY DISPUTE, CONTROVERSY OR CLAIM ARISING BETWEEN YOU AND US, OR BETWEEN YOU AND ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR AFFILIATED ENTITIES, THAT ARISES OUT OFOF OR IS RELATED TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT, RELATING TO WHETHER BASED ON CONTRACT OR IN CONNECTION WITH THIS CONTRACTTORT OR ANY OTHER LEGAL THEORY, SHALL INCLUDING CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND FRAUD IN THE INDUCEMENT (COLLECTIVELY, ANY “CLAIM”), WILL BE FINALLY RESOLVED SETTLED BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA FAA. THE PARTIES SHALL WORK IN GOOD FAITH TO SELECT AND AGREE UPON AN ARBITRATOR WITHIN THIRTY (30) DAYS AFTER A DEMAND FOR ARBITRATION BY EITHER PARTY. THE ARBITRATOR SHALL HAVE SOLE DISCRETION TO USE ANY COMMERCIAL ARBITRATION RULES, UNLESS OTHERWISE AGREED TO IN WRITING BY THE PARTIES; PROVIDED, HOWEVER, THAT TO THE EXTENT THE ARBITRATION RULES CONTAIN PROVISIONS REGARDING THE USE OF ANY CONSUMER ARBITRATION RULES, THE FORUM OF ANY SUCH ARBITRATION, THE ALLOCATION OF FEES FOR ANY SUCH ARBITRATION AND/OR ANY OTHER PROVISIONS CONTRARY TO THIS AGREEMENT, THOSE RULES ARE DELETED AND/OR EXPRESSLY SUPERSEDED BY THIS AGREEMENT. TO THE EXTENT ANY AMBIGUITY EXISTS BETWEEN THE ARBITRATION RULES AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURESTHIS AGREEMENT, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS A SMALL CLAIMS ACTION IN THE DISTRICT OR MUNICIPAL COURTS OF NEW HAMPSHIRE PURSUANT TO N.H. REVTHIS AGREEMENT SHALL CONTROL. STAT. XXX. CH. 503, IF THE DISPUTE OR PARTIES CANNOT AGREE UPON AN ARBITRATOR, THEN EACH PARTY SHALL DESIGNATE AN ARBITRATOR REPRESENTATIVE AND THE ARBITRATOR REPRESENTATIVES SHALL SELECT THE ARBITRATOR. IF A CLAIM IS WITHIN THE SCOPE OF THE COURT’S JURISDICTION. BY ENTERING INTO THIS CONTRACTSUBMITTED TO ARBITRATION, (A) YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A SMALL CLAIMS ACTION, AND WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL. ; (B) YOU WILL NOT HAVE THE ABILITY RIGHT TO CONDUCT ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION IS LIMITED AND RULES; (C) YOU WILL NOT HAVE THE RIGHT TO HAVE ANY CLAIM ARBITRATED AS A CLASS ACTION UNDER THE ARBITRATION RULES OR UNDER ANY OTHER RULES OF CIVIL PROCEDURE; (D) THE ARBITRATOR’S DECISION IS SUBJECT WILL BE FINAL AND BINDING WITH LIMITED RIGHTS TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES APPEAL; AND RELIEF (E) THIS AGREEMENT SUPERSEDES ANY PRIOR ALTERNATIVE DISPUTE RESOLUTION AND/OR ARBITRATION AGREEMENT THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, EXIST BETWEEN YOU AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTIONUS. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, TO ARBITRATE DISPUTES WILL SURVIVE THE CLOSING OF YOUR ACCOUNT AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENTMASTER AGREEMENT OR ANY PRODUCT SCHEDULE. ANY ARBITRATION TAKING PLACE UNDER THIS AGREEMENT SHALL BE CONDUCTED IN SALT LAKE CITY, UTAH, OR SUCH OTHER LOCATION AGREED UPON IN WRITING BY THE PARTIES.

Arbitration and Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY NEW HAMPSHIRE PENNSYLVANIA LAW, ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS CONTRACT, SHALL BE FINALLY RESOLVED BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA COMMERCIAL RULES AND THE CONSUMER-CONSUMER- RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS A SMALL CLAIMS ACTION ACTION, IN THE MAGISTERIAL DISTRICT COURT OF PENNSYLVANIA OR PHILADELPHIA MUNICIPAL COURTS COURT, JUDICIAL SYSTEM OF NEW HAMPSHIRE PURSUANT TO N.H. REV. STAT. XXX. CH. 503PENNSYLVANIA (“SMALL CLAIMS COURT”), IF THE DISPUTE OR CLAIM IS WITHIN THE SCOPE OF THE COURT’S ITS JURISDICTION. BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A IN SMALL CLAIMS ACTIONCOURT, AND THE RIGHT TO A JURY TRIAL. THE ABILITY TO CONDUCT DISCOVERY IN ARBITRATION IS LIMITED AND THE ARBITRATOR’S DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS THE ARBITRATOR CAN AWARD THE SAME DAMAGES AND OTHER RELIEF THAT A COURT CAN AWARD. JUDGMENT ON THE AAA SHALL HAVE THE POWER TO RULE ON ARBITRATOR’S AWARD CAN BE ENTERED IN ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISIONCOURT HAVING JURISDICTION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF YOU FILE FOR ARBITRATION, THE AAA RULES LIMIT THE FEES AND COSTS THAT YOU WILL PAY TO THE AAA AND ARBITRATOR. YOU WILL STILL BE RESPONSIBLE FOR YOUR OWN LEGAL FEES AND COSTS, AS IF YOU WERE IN COURT, BUT THE EVENT ARBITRATOR MAY AWARD YOU THOSE FEES TO THE PROHIBITION EXTENT AUTHORIZED BY LAW. THE ARBITRATION WILL BE HELD IN PENNSYLVANIA IN A LOCATION DETERMINED BY THE ARBITRATOR. THE ARBITRATOR SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO HIS OR HER JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, AS WELL AS THE CLASS ACTION WAIVER SET OUT ABOVE. COPIES OF THE AAA CONSUMER ARBITRATION RULES AND ADDITIONAL INFORMATION ABOUT ARBITRATION ARE AVAILABLE AT THE AAA’S WEBSITE: XXXXX://XXX.XXX.XXX/ RULES. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT OR THE AAA DETERMINES THAT THE PRECEDING SENTENCE PROHIBITING CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY REMAINING PORTIONS OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED WILL REMAIN IN ANY COURT HAVING JURISDICTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISIONFORCE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Arbitration and Waiver of Jury Trial. TO YOU AND FINANCIAL INSTITUTION AGREE THAT THE FULLEST EXTENT PERMITTED BY NEW HAMPSHIRE LAW, TRANSACTIONS PROCESSED UNDER THIS MASTER AGREEMENT OR ANY DISPUTE, PRODUCT SCHEDULE INVOLVES “COMMERCE” UNDER THE FEDERAL ARBITRATION ACT (“FAA”). ANY CONTROVERSY OR CLAIM ARISING BETWEEN YOU AND FINANCIAL INSTITUTION, OR BETWEEN YOU AND ANY OF FINANCIAL INSTITUTION’S OFFICERS, EMPLOYEES, AGENTS OR AFFILIATED ENTITIES, THAT ARISES OUT OFOF OR IS RELATED TO ANY SERVICE PROVIDED UNDER THIS MASTER AGREEMENT OR ANY PRODUCT SCHEDULE, RELATING TO WHETHER BASED ON CONTRACT OR IN CONNECTION WITH THIS CONTRACTTORT OR ANY OTHER LEGAL THEORY, SHALL INCLUDING CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND FRAUD IN THE INDUCEMENT (COLLECTIVELY, ANY “CLAIM”), WILL BE FINALLY RESOLVED SETTLED BY BINDING ARBITRATION BEFORE UNDER THE FAA. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (“AAATHE ARBITRATION RULES”) CONDUCTED UNDER THE AAA COMMERCIAL RULES AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS ). IF A SMALL CLAIMS ACTION IN THE DISTRICT OR MUNICIPAL COURTS OF NEW HAMPSHIRE PURSUANT TO N.H. REV. STAT. XXX. CH. 503, IF THE DISPUTE OR CLAIM IS WITHIN THE SCOPE OF THE COURT’S JURISDICTION. BY ENTERING INTO THIS CONTRACTSUBMITTED TO ARBITRATION, (A) YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A SMALL CLAIMS ACTION, AND WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL. ; (B) YOU WILL NOT HAVE THE ABILITY RIGHT TO CONDUCT ENGAGE IN PRE‐ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION IS LIMITED AND RULES; (C) YOU WILL NOT HAVE THE RIGHT TO HAVE ANY CLAIM ARBITRATED AS A CLASS ACTION UNDER THE ARBITRATION RULES OR UNDER ANY OTHER RULES OF CIVIL PROCEDURE; (D) THE ARBITRATOR’S DECISION IS SUBJECT WILL BE FINAL AND BINDING WITH LIMITED RIGHTS TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES APPEAL; AND RELIEF (E) THIS MASTER AGREEMENT SUPERSEDES ANY PRIOR ALTERNATIVE DISPUTE RESOLUTION AND/OR ARBITRATION AGREEMENT THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, EXIST BETWEEN YOU AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTIONFINANCIAL INSTITUTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, TO ARBITRATE DISPUTES WILL SURVIVE THE CLOSING OF YOUR ACCOUNT AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENTMASTER AGREEMENT OR ANY PRODUCT SCHEDULE.

Arbitration and Waiver of Jury Trial. YOU AND WE AGREE THAT THE TRANSACTIONS PROCESSED UNDER THIS AGREEMENT INVOLVES “COMMERCE” UNDER THE FEDERAL ARB. AINTY RCOANTTRIOVOERNSY OAR CCLTAIM (BE“TWFEAENAY”OU)AND US, OR BETWEEN YOU AND ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR AFFILIATED ENTITIES, THAT ARISES OUT OF OR IS RELATED TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT OR IN TORT OR ANY OTHER LEGAL THEORY, INCLUDING CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND FRAUD IN THE INDUCEMENT (COLLECTIVELY, ANY “CLAIM”), X THE FAA. THE PARTIES SHALL WORK IN GOOD FAITH TO SELECT AND AGREE UPON AN ARBITRATOR WITHIN THIRTY (30) DAYS AFTER A DEMAND FOR ARBITRATION BY EITHER PARTY. THE ARBITRATOR SHALL HAVE SOLE DISCRETION TO USE ANY COMMERCIAL ARBITRATION RULES, UNLESS OTHERWISE AGREED TO IN WRITING BY THE PARTIES; PROVIDED, HOWEVER, THAT TO THE FULLEST EXTENT PERMITTED THE ARBITRATION RULES CONTAIN PROVISIONS REGARDING THE USE OF ANY CONSUMER ARBITRATION RULES, THE FORUM OF ANY SUCH ARBITRATION, THE ALLOCATION OF FEES FOR ANY SUCH ARBITRATION AND/OR ANY OTHER PROVISIONS CONTRARY TO THIS AGREEMENT, THOSE RULES ARE DELETED AND/OR EXPRESSLY SUPERSEDED BY NEW HAMPSHIRE LAW, THIS AGREEMENT. TO THE EXTENT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS CONTRACT, SHALL BE FINALLY RESOLVED BY AMBIGUITY EXISTS BETWEEN THE ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA COMMERCIAL RULES AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURESTHIS AGREEMENT, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS A SMALL CLAIMS ACTION IN THE DISTRICT OR MUNICIPAL COURTS OF NEW HAMPSHIRE PURSUANT TO N.H. REVTHIS AGREEMENT SHALL CONTROL. STAT. XXX. CH. 503, IF THE DISPUTE OR PARTIES CANNOT AGREE UPON AN ARBITRATOR, THEN EACH PARTY SHALL DESIGNATE AN ARBITRATOR REPRESENTATIVE AND THE ARBITRATOR REPRESENTATIVES SHALL SELECT THE ARBITRATOR. IF A CLAIM IS WITHIN THE SCOPE OF THE COURT’S JURISDICTION. BY ENTERING INTO THIS CONTRACTSUBMITTED TO ARBITRATION, (A) YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A SMALL CLAIMS ACTION, AND WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL. ; (B) YOU WILL NOT HAVE THE ABILITY RIGHT TO CONDUCT ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION IS LIMITED AND RULES; (C) YOU WILL NOT HAVE THE RIGHT TO HAVE ANY CLAIM ARBITRATED AS A CLASS ACTION UNDER THE ARBITRATION RULES OR UNDER ANY OTHER RULES OF CIVIL PROCEDURE; (D) THE ARBITRATOR’S DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES WILL BE FINAL AND RELIEF BINDING WITH AGREEMENT SUPERSEDES ANY PRIOR ALTERNATIVE DISPUTE RESOLUTION AND/OR ARBITRATION AGREEMENT THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, EXIST BETWEEN YOU AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTIONUS. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, TO ARBITRATE DISPUTES WILL SURVIVE THE CLOSING OF YOUR ACCOUNT AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENTMASTER AGREEMENT OR ANY PRODUCT SCHEDULE. ANY ARBITRATION TAKING PLACE UNDER THIS AGREEMENT SHALL BE CONDUCTED IN SALT LAKE CITY, UTAH, OR SUCH OTHER LOCATION AGREED UPON IN WRITING BY THE PARTIES.

Arbitration and Waiver of Jury Trial. TO (a) ARBITRATION FOR ALL CLAIMS. ALL DISPUTES RESOLVED BY ARBITRATION. YOU AND BANK AGREE THAT THE FULLEST EXTENT PERMITTED BY NEW HAMPSHIRE LAW, TRANSACTIONS PROCESSED UNDER THIS AGREEMENT INVOLVES “COMMERCE” UNDER THE FEDERAL ARBITRATION ACT (“FAA”). ANY DISPUTE, CONTROVERSY OR CLAIM ARISING BETWEEN YOU AND BANK, OR BETWEEN YOU AND ANY OF BANK’S OFFICERS, EMPLOYEES, AGENTS OR AFFILIATED ENTITIES, THAT ARISES OUT OFOF OR IS RELATED TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT OR ANY RELATED SERVICE AGREEMENTS, RELATING TO WHETHER BASED ON CONTRACT OR IN CONNECTION WITH THIS CONTRACTTORT OR ANY OTHER LEGAL THEORY, SHALL BE FINALLY RESOLVED BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA COMMERCIAL RULES INCLUDING CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS A SMALL CLAIMS ACTION FRAUD IN THE DISTRICT OR MUNICIPAL COURTS OF NEW HAMPSHIRE PURSUANT INDUCEMENT (COLLECTIVELY, ANY “CLAIM”), WILL BE SETTLED BY BINDING ARBITRATION. WITH RESPECT TO N.H. REVDISPUTES SUBMITTED TO ARBITRATION, CUSTOMER AND BANK EACH WAIVE ALL RIGHTS TO A TRIAL BY JURY. STAT. XXX. CH. 503, IF THE DISPUTE OR A CLAIM IS WITHIN THE SCOPE OF THE COURT’S JURISDICTION. BY ENTERING INTO THIS CONTRACTSUBMITTED TO ARBITRATION, (A) YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A SMALL CLAIMS ACTION, AND WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL. ; (B) YOU WILL NOT HAVE THE ABILITY RIGHT TO CONDUCT ENGAGE IN PRE- ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION IS LIMITED AND RULES; (C) YOU WILL NOT HAVE THE RIGHT TO HAVE ANY CLAIM ARBITRATED AS A CLASS ACTION UNDER THE ARBITRATION RULES OR UNDER ANY OTHER RULES OF CIVIL PROCEDURE; (D) THE ARBITRATOR’S DECISION IS SUBJECT WILL BE FINAL AND BINDING WITH LIMITED RIGHTS TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES APPEAL; AND RELIEF (E) THIS AGREEMENT SUPERSEDES ANY PRIOR ALTERNATIVE DISPUTE RESOLUTION AND/OR ARBITRATION AGREEMENT THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, EXIST BETWEEN YOU AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTIONBANK. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, TO ARBITRATE DISPUTES WILL SURVIVE THE CLOSING OF YOUR ACCOUNT AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT OR ANY SERVICE AGREEMENT.

Arbitration and Waiver of Jury Trial. TO YOU AND BANK AGREE THAT THE FULLEST EXTENT PERMITTED BY NEW HAMPSHIRE LAW, TRANSACTIONS PROCESSED UNDER THIS AGREEMENT INVOLVES “COMMERCE” UNDER THE FEDERAL ARBITRATION ACT (“FAA”). ANY DISPUTE, CONTROVERSY OR CLAIM ARISING BETWEEN YOU AND BANK, OR BETWEEN YOU AND ANY OF BANK’S OFFICERS, EMPLOYEES, AGENTS OR AFFILIATED ENTITIES, THAT ARISES OUT OFOF OR IS RELATED TO ANY SERVICE PROVIDED UNDER THIS AGREEMENT, RELATING TO WHETHER BASED ON CONTRACT OR IN CONNECTION WITH THIS CONTRACTTORT OR ANY OTHER LEGAL THEORY, SHALL INCLUDING CLAIMS OF FRAUD, SUPPRESSION, MISREPRESENTATION AND FRAUD IN THE INDUCEMENT (COLLECTIVELY, ANY “CLAIM”), WILL BE FINALLY RESOLVED SETTLED BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA COMMERCIAL FAA. THE PARTIES SHALL WORK IN GOOD FAITH TO SELECT AND AGREE UPON AN ARBITRATOR WITHIN THIRTY (30) DAYS AFTER A DEMAND FOR ARBITRATION BY EITHER PARTY. THE ARBITRATOR SHALL HAVE SOLE DISCRETION TO USE ANY COMMERCIALLY REASONABLE RULES OF ARBITRATION, UNLESS OTHERWISE AGREED TO IN WRITING BY THE PARTIES. IF THE PARTIES CANNOT AGREE UPON AN ARBITRATOR, THEN EACH PARTY SHALL DESIGNATE AN ARBITRATOR REPRESENTATIVE AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT ARBITRATOR REPRESENTATIVES SHALL SELECT THE ELECTION OF ARBITRATOR. THE PARTIES SHALL WORK IN GOOD FAITH TO SELECT AND AGREE UPON AN ARBITRATOR WITHIN THIRTY (30) DAYS AFTER A DEMAND FOR ARBITRATION BY EITHER PARTY. THE ARBITRATOR SHALL HAVE SOLE DISCRETION TO USE ANY COMMERCIALLY REASONABLE RULES OF ARBITRATION, BROUGHT AS A SMALL CLAIMS ACTION UNLESS OTHERWISE AGREED TO IN WRITING BY THE DISTRICT OR MUNICIPAL COURTS OF NEW HAMPSHIRE PURSUANT TO N.H. REVPARTIES. STAT. XXX. CH. 503, IF THE DISPUTE OR PARTIES CANNOT AGREE UPON AN ARBITRATOR, THEN EACH PARTY SHALL DESIGNATE AN ARBITRATOR REPRESENTATIVE AND THE ARBITRATOR REPRESENTATIVES SHALL SELECT THE ARBITRATOR. IF A CLAIM IS WITHIN THE SCOPE OF THE COURT’S JURISDICTION. BY ENTERING INTO THIS CONTRACTSUBMITTED TO ARBITRATION, (A) YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, OTHER THAN THROUGH A SMALL CLAIMS ACTION, AND WILL NOT HAVE THE RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL. ; (B) YOU WILL NOT HAVE THE ABILITY RIGHT TO CONDUCT ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION IS LIMITED AND RULES; (C) YOU WILL NOT HAVE THE RIGHT TO HAVE ANY CLAIM ARBITRATED AS A CLASS ACTION UNDER THE ARBITRATION RULES OR UNDER ANY OTHER RULES OF CIVIL PROCEDURE; (D) THE ARBITRATOR’S DECISION IS SUBJECT WILL BE FINAL AND BINDING WITH LIMITED RIGHTS TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES APPEAL; AND RELIEF (E) THIS AGREEMENT SUPERSEDES ANY PRIOR ALTERNATIVE DISPUTE RESOLUTION AND/OR ARBITRATION AGREEMENT THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, EXIST BETWEEN YOU AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTIONBANK. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, TO ARBITRATE DISPUTES WILL SURVIVE THE CLOSING OF YOUR ACCOUNT AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. • Governing Law. These terms and conditions of this Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of law provisions and without regard to your state of residence.