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

Arbitration; Waiver of Jury Trial. The Company and the Employee agree to the resolution by binding arbitration of all claims, demands, causes of action, disputes, controversies or other matters in question (“claims”) whether or not arising out of this Agreement, whether sounding in contract, tort or otherwise and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliates, and each of the foregoing entities’ respective officers, directors, employees or agents in their capacity as such or otherwise; except that this agreement to arbitrate shall not limit the Company’s right to seek equitable relief, including injunctive relief and specific performance, and damages in a court of competent jurisdiction. The Company and the Employee agree that any arbitration shall be in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”) or such other rules of the AAA as applicable to the claims being arbitrated. If a party refuses to honor its obligations under this agreement to arbitrate, the other party may compel arbitration in either federal or state court. The arbitrator shall apply the substantive law of the State of Delaware (excluding Delaware choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to arbitration. The parties agree that venue for arbitration will be in Wilmington, Delaware, and that any arbitration commenced in any other venue will be transferred to Wilmington, Delaware, upon the written request of any party to this Agreement. In the event that an arbitration is actually conducted pursuant to this Section 10(m), the party in whose favor the arbitrator renders the award shall be entitled to have and recover from the other party all costs and expenses incurred, including reasonable attorneys’ fees, expert witness fees, and costs actually incurred. Any and all of the arbitrator’s orders, decisions and awards may be enforceable in, and judgment upon any award rendered by the arbitrator may be confirmed and entered by, any federal or state court having jurisdiction. All proceedings conducted pursuant to this agreement to arbitrate, including any order, decision or award of the arbitrator, shall be kept confidential by all parties. EACH PARTY ACKNOWLEDGES THAT, BY SIGNING THIS AGREEMENT, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY COVERED CLAIM ALLEGED BY SUCH PARTY.

Arbitration; Waiver of Jury Trial. The Company and the Employee agree to the resolution by binding arbitration of all claims, demands, causes of action, disputes, controversies or other matters in question (“claims”) whether or not arising out of this Agreement, whether sounding in contract, tort or otherwise and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliates, and each of the foregoing entities’ respective officers, directors, employees or agents in their capacity as such or otherwise; except that this agreement to arbitrate shall not limit the Company’s right to seek equitable relief, including injunctive relief and specific performance, and damages in a court of competent jurisdiction. The Company and the Employee agree that any arbitration shall be in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”) or such other rules of the AAA as applicable to the claims being arbitrated. If a party refuses to honor its obligations under this agreement to arbitrate, the other party may compel arbitration in either federal or state court. The arbitrator shall apply the substantive law of the State of Delaware Texas (excluding Delaware Texas choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to arbitration. The parties agree that venue for arbitration will be in WilmingtonHouston, DelawareTexas, and that any arbitration commenced in any other venue will be transferred to WilmingtonHouston, DelawareTexas, upon the written request of any party to this Agreement. In the event that an arbitration is actually conducted pursuant to this Section 10(m8(m), the party in whose favor the arbitrator renders the award shall be entitled to have and recover from the other party all costs and expenses incurred, including reasonable attorneys’ fees, expert witness fees, and costs actually incurred. Any and all of the arbitrator’s orders, decisions and awards may be enforceable in, and judgment upon any award rendered by the arbitrator may be confirmed and entered by, any federal or state court having jurisdiction. All proceedings conducted pursuant to this agreement to arbitrate, including any order, decision or award of the arbitrator, shall be kept confidential by all parties. EACH PARTY ACKNOWLEDGES THAT, BY SIGNING THIS AGREEMENT, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY COVERED CLAIM ALLEGED BY SUCH PARTY.

Arbitration; Waiver of Jury Trial. The Company and the Employee agree to the resolution by binding arbitration of all claims, demands, causes of action, disputes, controversies or other matters in question (“claims”) whether or not arising out of this Agreement, whether sounding in contract, tort or otherwise and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliates, and each of the foregoing entities’ respective officers, directors, employees or agents in their capacity as such or otherwise; except that this agreement to arbitrate shall not limit the Company’s right to seek equitable relief, including injunctive relief and specific performance, and damages in a court of competent jurisdiction. The Company and the Employee agree that any arbitration shall be in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”) or such other rules of the AAA as applicable to the claims being arbitrated. If a party refuses to honor its obligations under this agreement to arbitrate, the other party may compel arbitration in either federal or state court. The arbitrator shall apply the substantive law of the State of Delaware Texas (excluding Delaware Texas choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to arbitration. The parties agree that venue for arbitration will be in WilmingtonHouston, DelawareTexas, and that any arbitration commenced in any other venue will be transferred to WilmingtonHouston, DelawareTexas, upon the written request of any party to this Agreement. In the event that an arbitration is actually conducted pursuant to this Section 10(m), the party in whose favor the arbitrator renders the award shall be entitled to have and recover from the other party all costs and expenses incurred, including reasonable attorneys’ fees, expert witness fees, and costs actually incurred. Any and all of the arbitrator’s orders, decisions and awards may be enforceable in, and judgment upon any award rendered by the arbitrator may be confirmed and entered by, any federal or state court having jurisdiction. All proceedings conducted pursuant to this agreement to arbitrate, including any order, decision or award of the arbitrator, shall be kept confidential by all parties. EACH PARTY ACKNOWLEDGES THAT, BY SIGNING THIS AGREEMENT, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY COVERED CLAIM ALLEGED BY SUCH PARTY.

Arbitration; Waiver of Jury Trial. The Company and READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. In the Employee agree unlikely event that Broadvoice has not been able to resolve a dispute it has regarding Subscriber’s Equipment or Services arising out of or relating to use of the resolution Equipment or Services after 60 days, any claim, dispute, or controversy (excluding any Broadvoice claims for injunctive or other equitable relief), whether based in contract, tort, statute or otherwise arising out of or in connection with or relating to this Agreement, the Equipment, the Services, or the breach or alleged breach of this Agreement (collectively, “Claims”), shall be decided by binding arbitration of all claims, demands, causes of action, disputes, controversies or other matters in question (“claims”) whether or not arising out of this Agreement, whether sounding in contract, tort or otherwise and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliates, and each of the foregoing entities’ respective officers, directors, employees or agents in their capacity as such or otherwise; except that this agreement to arbitrate shall not limit the Company’s right to seek equitable relief, including injunctive relief and specific performance, and damages in a court of competent jurisdiction. The Company and the Employee agree that any arbitration shall be in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”) Association. This agreement to arbitrate is intended to be given the broadest possible meaning under Applicable Laws. The initiation of an arbitration dispute shall not otherwise prevent Broadvoice or such other rules Subscriber from terminating services in accordance with this Agreement. Disputes about the arbitrability of any claims and/or the scope, enforceability, or validity of this arbitration agreement shall be decided by an arbitrator. If an agreement to resolve the dispute is not reached, an arbitration proceeding may be commenced by downloading or copying a form from the AAA as applicable website (xxxx://xxx.xxx.xxx). The amount of any settlement offer made by Subscriber or Broadvoice shall not be disclosed to the claims being arbitratedarbitrator. If a Each party refuses to honor will be responsible for its obligations under this agreement to arbitrateown costs incurred in the arbitration, the other party may compel including arbitration in either federal filing fees and attorneys’ or state courtexpert witness fees. The arbitrator arbitrator’s costs and expenses shall apply be shared equally between the substantive law of the State of Delaware (excluding Delaware choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims assertedparties. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to arbitration. The parties agree that venue for arbitration will be conducted in WilmingtonLos Angeles County, Delaware, and that any arbitration commenced in any other venue California. Each party will be transferred to Wilmingtonresponsible for paying any filing, Delaware, upon administrative and arbitrator fees in accordance with the written request of any party to this AgreementArbitrator’s rules. In the event that an arbitration is actually conducted pursuant to this Section 10(m), the party in whose favor the arbitrator renders the award shall be entitled to have and recover from the other party all costs and expenses incurred, including reasonable attorneys’ fees, expert witness fees, and costs actually incurred. Any and all of the arbitrator’s orders, decisions and awards may be enforceable in, and judgment upon any The award rendered by the arbitrator may be confirmed and entered by, in any federal or state court having of competent jurisdiction. All proceedings conducted pursuant to Nothing in this agreement to arbitrate, including any order, decision or award of the arbitrator, Section shall be kept confidential deemed as preventing Broadvoice from seeking injunctive or other equitable relief from the courts as necessary to protect any of Broadvoice’s proprietary interests. Subscriber and Broadvoice agree that, by all partiesentering into this agreement, Subscriber and Broadvoice are waiving the right to a trial by jury. EACH PARTY ACKNOWLEDGES THATALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, BY SIGNING THIS AGREEMENTAND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR A COURT TRIAL OTHER REPRESENTATIVE PROCEEDING OF ANY COVERED CLAIM ALLEGED BY SUCH PARTYKIND. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE ENTITY or PERSON’S CLAIMS. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS PROVISION TO BINDING NEUTRAL ARBITRATION.

Arbitration; Waiver of Jury Trial. The Company and (i) Except as provided in Section 12(n)(ii) below, any dispute, claim or controversy arising under, out of, or in connection with or in relation to this Agreement or the Employee agree to the resolution by binding arbitration of all claimsPlan, demandsor any breach, causes of actiontermination or validity thereof, disputes, controversies or other matters in question (“claims”) whether or not arising out of this Agreement, whether sounding in contract, tort or otherwise and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliates, and each of the foregoing entities’ respective officers, directors, employees or agents in their capacity as such or otherwise; except that this agreement to arbitrate shall not limit the Company’s right to seek equitable relief, including injunctive relief and specific performance, and damages in a court of competent jurisdiction. The Company and the Employee agree that any arbitration shall be finally determined and settled by arbitration in New York, New York in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes applicable rules of the American Arbitration Association (“AAA”in effect at the time of arbitration, and judgment upon the award may be entered in any court having jurisdiction thereof or having jurisdiction over the parties or their assets. Any review by an arbitrator pursuant to this Section 12(n) or such other rules shall be de novo. Within 20 days of the AAA as applicable to conclusion of the claims being arbitrated. If a party refuses to honor its obligations under this agreement to arbitratearbitration hearing, the other party may compel arbitration in either federal or state court. The arbitrator shall apply prepare written findings of fact and conclusions of law. It is mutually agreed that the substantive law written decision of the State of Delaware (excluding Delaware choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority to resolve any dispute relating to be valid, binding, final and non-appealable; provided, however, that the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to arbitration. The parties hereto agree that venue for arbitration will the arbitrator shall not be in Wilmington, Delaware, and that any arbitration commenced in any other venue will be transferred empowered to Wilmington, Delaware, upon the written request of award punitive damages against any party to this Agreementsuch arbitration. Unless and only to the extent prohibited by applicable law, the parties agree to maintain all aspects of any arbitration proceedings, findings and decisions (whether by arbitrator or court) strictly confidential. To the extent permitted by law, the arbitrator’s fees and expenses will be borne equally by each party. In the event that an arbitration action is actually conducted brought to enforce the provisions of this Agreement or the Plan pursuant to this Section 10(m12(n)(i), the each party shall pay its own attorneys’ fees and expenses regardless of whether there is a prevailing party in whose favor the opinion of the arbitrator renders deciding such action or the court in which any such arbitration award shall be entitled to have and recover from the other party all costs and expenses incurredis entered, including reasonable attorneys’ feesprovided, expert witness fees, and costs actually incurred. Any and all of the arbitrator’s orders, decisions and awards may be enforceable in, and judgment upon any award rendered by that the arbitrator may in its discretion award costs to the Grantee if it determines that to be confirmed and entered by, any federal or state court having jurisdiction. All proceedings conducted pursuant to this agreement to arbitrate, including any order, decision or award of the arbitrator, shall be kept confidential by all parties. EACH PARTY ACKNOWLEDGES THAT, BY SIGNING THIS AGREEMENT, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY COVERED CLAIM ALLEGED BY SUCH PARTYappropriate.

Arbitration; Waiver of Jury Trial. Except as provided below and as provided in Section 9, any dispute or claim arising under this Agreement or in connection with Executive's employment with the Company shall be settled solely by arbitration held in accordance with the Employment Dispute Procedures of the American Arbitration Association and held in the county and state in which Executive's place of employment is located, or any other location mutually agreed upon by the parties. Such proceedings and evidence shall be confidential. The Company arbitrator shall have the power and the Employee agree authority to make such decisions and awards as he or she shall deem appropriate, including, but not limited to, granting compensatory damages, costs and attorneys fees to the resolution by binding arbitration of all claims, demands, causes of action, disputes, controversies or other matters in question (“claims”) whether or not arising out of this Agreement, whether sounding in contract, tort or otherwise and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliatesprevailing party, and each the granting or issuance of such mandatory directions, prohibitions, orders, restraints and other injunctions (other than any of the foregoing entities’ respective officersthat would reestablish the employment relation formerly existing between Executive and the Company) that he or she may deem necessary or advisable directed to or against any of the parties, directorsincluding a direction or order requiring specific performance of any covenant, employees agreement or agents in their capacity provision of this Agreement as such a result of a breach or otherwise; except that this threatened breach thereof. This agreement to arbitrate all disputes between the parties includes, but is not limited to, claims under the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, class action claims, all common law claims and any other federal, State or local law or regulation. The cost of such arbitration shall be borne equally by the parties unless otherwise directed by the arbitrator, provided that, in any event, the total cost to the Executive shall not limit exceed 1% of the Company’s right to seek equitable reliefExecutive's most recent annual base salary. Any decision of the arbitrator shall be final, including injunctive relief binding and specific performance, conclusive upon all of the parties hereto and damages said decision may be entered as a final judgment in a any court of competent jurisdiction. The Company With respect to the claims described in Section 9 and the Employee agree that any arbitration shall be in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”) or such other rules of the AAA as applicable to the claims being arbitrated. If a party refuses to honor its obligations under this agreement to arbitrate, the other party may compel arbitration in either federal or state court. The arbitrator shall apply the substantive law of the State of Delaware (excluding Delaware choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is found not to be subject to arbitration. The parties agree that venue for arbitration will be in Wilmington, Delaware, and that any arbitration commenced in any other venue will be transferred to Wilmington, Delaware, upon the written request of any party to this Agreement. In the event that an arbitration is actually conducted pursuant to this Section 10(m), the party in whose favor the arbitrator renders the award such claims shall be entitled to have and recover from the other party all costs and expenses incurred, including reasonable attorneys’ fees, expert witness fees, and costs actually incurred. Any and all of the arbitrator’s orders, decisions and awards may be enforceable in, and judgment upon any award rendered decided either by the arbitrator may be confirmed and entered by, any federal U.S. District Court or the state court having jurisdiction. All proceedings conducted pursuant of general jurisdiction in and for the judicial district in which Executive's place of employment is located, by a judge sitting without a jury, to this agreement to arbitrate, including any order, decision or award ensure rapid adjudication of the arbitrator, shall be kept confidential by all parties. EACH PARTY ACKNOWLEDGES THAT, BY SIGNING THIS AGREEMENT, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY COVERED CLAIM ALLEGED BY SUCH PARTYthose claims and proper application of existing law.

Arbitration; Waiver of Jury Trial. The Company and the Employee All Parties agree to the resolution by binding arbitration of that all claimscontroversies, demands, causes of action, disputes, controversies claims or other matters matter in question (“claims”) whether or not arising out of or relating to (i) this Agreement, whether sounding in contract(ii) any breach thereof, tort or otherwise (iii) the relationship between the Prospect, Broker and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliatesBuilder, and each (iv) any representations of warranties, express or implied, relating to the Property and the residence located thereon (herein referred to collectively as a “Dispute”) shall be submitted to mediation before INITIALED FOR IDENTIFICATION / OWNER BUILDER resorting to binding arbitration. If the need for mediation arises, a mutually acceptable mediator shall be chosen by the parties to the dispute and the cost of mediation services shall be shared equally by the parties to the dispute. If mediation fails to resolve the Dispute, the Dispute shall be submitted to the American Arbitration Association for binding arbitration under the Construction Industry Arbitration Rules of the foregoing entities’ respective officersAAA. The arbitration shall be governed by Texas law and the U.S. Arbitration Act, directors9 U.S.C. §§ 1-16, employees or agents to the exclusion of any provisions of state law that are inconsistent with application of the Federal Act. The award of the arbitrator shall be rendered in their capacity as such or otherwise; except that this agreement to arbitrate accordance with the AAA Rules then in effect. In rendering the award, the arbitrator shall not limit state the Company’s right to seek equitable reliefreasons therefore, including injunctive relief any computations of actual damages or offsets, if applicable. The Parties agree to abide by and specific performanceperform any award rendered by the arbitrator. If the non-prevailing Party fails to comply with all aspects of the award within thirty (30) days following issuance of the award, and damages the prevailing Party shall be entitled to see enforcement of the award in a any court of competent jurisdiction. The Company If such enforcement becomes necessary, the prevailing Party in such proceeding shall recover its reasonable attorney’s fees in addition to any other relief to which the Party is entitled. This Dispute Resolution provision does not extend to or govern any dispute that may arise under the Construction Agreement between Builder and the Employee agree Prospect, and reference should be made to that any arbitration shall be in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules document for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”) or such other rules of the AAA as dispute resolution process applicable to the claims being arbitrated. If a party refuses to honor its obligations under this agreement to arbitrate, the other party may compel arbitration in either federal or state court. The arbitrator shall apply the substantive law of the State of Delaware (excluding Delaware choiceconstruction-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to arbitration. The parties agree that venue for arbitration will be in Wilmington, Delaware, and that any arbitration commenced in any other venue will be transferred to Wilmington, Delaware, upon the written request of any party to this Agreement. In the event that an arbitration is actually conducted pursuant to this Section 10(m), the party in whose favor the arbitrator renders the award shall be entitled to have and recover from the other party all costs and expenses incurred, including reasonable attorneys’ fees, expert witness fees, and costs actually incurred. Any and all of the arbitrator’s orders, decisions and awards may be enforceable in, and judgment upon any award rendered by the arbitrator may be confirmed and entered by, any federal or state court having jurisdiction. All proceedings conducted pursuant to this agreement to arbitrate, including any order, decision or award of the arbitrator, shall be kept confidential by all parties. EACH PARTY ACKNOWLEDGES THAT, BY SIGNING THIS AGREEMENT, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY COVERED CLAIM ALLEGED BY SUCH PARTYrelated claims.

Arbitration; Waiver of Jury Trial. The Company (a) Any dispute, controversy, or claim arising under or relating to this Agreement or any breach or threatened breach hereof (“Arbitrable Dispute”) shall be resolved by final and the Employee agree to the resolution by binding arbitration of all claims, demands, causes of action, disputes, controversies or other matters in question (“claims”) whether or not arising out of this Agreement, whether sounding in contract, tort or otherwise and whether provided administered by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliates, and each of the foregoing entities’ respective officers, directors, employees or agents in their capacity as such or otherwise; except that this agreement to arbitrate shall not limit the Company’s right to seek equitable relief, including injunctive relief and specific performance, and damages in a court of competent jurisdiction. The Company and the Employee agree that any arbitration shall be in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”); provided that nothing in this Section 19(a) shall prohibit a party from instituting litigation to enforce any Final Determination in any court of competent jurisdiction. Except as otherwise provided in this Section 19(a) or such other in the rules and procedures of the AAA as applicable in effect from time to time, the arbitration procedures and any Final Determination hereunder shall be governed by and shall be enforced pursuant to the claims being arbitrated. If a party refuses to honor its obligations under this agreement to arbitrate, the other party may compel arbitration in either federal or state court. The arbitrator shall apply the substantive law of the State Uniform Arbitration Act and applicable provisions of Delaware Law. (excluding Delaware choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to arbitration. The parties agree that venue for arbitration will be in Wilmington, Delaware, and that any arbitration commenced in any other venue will be transferred to Wilmington, Delaware, upon the written request of any party to this Agreement. b) In the event that any party asserts that there exists an arbitration Arbitrable Dispute, such party shall deliver a written notice to each other party involved therein specifying the nature of the asserted Arbitrable Dispute and requesting a meeting to attempt to resolve the same. If no such resolution is actually conducted pursuant to this Section 10(m)reached within thirty (30) days after such delivery of such notice, the party in whose favor delivering such notice of Arbitrable Dispute (the arbitrator renders the award shall be entitled “Disputing Person”) may, within forty-five (45) days after delivery of such notice, commence arbitration hereunder by delivering to have and recover from the each other party all costs involved therein a notice of arbitration (a “Notice of Arbitration”) and expenses incurredby filing a copy of such Notice of Arbitration with the New York office of AAA. Such Notice of Arbitration shall specify the matters as to which arbitration is sought, including reasonable attorneys’ feesthe nature of any Arbitrable Dispute and the claims of each party to the arbitration and shall specify the amount and nature of any damages, expert witness feesif any, sought to be recovered as a result of any alleged claim, and costs actually incurredany other matters required by the rules and procedures of AAA as in effect from time to time to be included therein, if any. Any and all (c) Within twenty (20) days after receipt of the arbitrator’s ordersNotice of Arbitration, decisions and awards may be enforceable in, and judgment upon any award rendered by the parties shall use their best efforts to agree on an independent arbitrator may be confirmed and entered by, any federal or state court having jurisdiction. All proceedings conducted pursuant to this agreement to arbitrate, including any order, decision or award expert in the subject matters of the arbitrator, shall be kept confidential by all parties. EACH PARTY ACKNOWLEDGES THAT, BY SIGNING THIS AGREEMENT, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY COVERED CLAIM ALLEGED BY SUCH PARTY.the

Arbitration; Waiver of Jury Trial. The Company and the Employee agree to the resolution by binding arbitration of all claims, demands, causes of action, disputes, controversies Any dispute or other matters controversy arising under or in question (“claims”) whether or not arising out of connection with this Agreement, whether sounding in contract, tort or otherwise and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliates, and each of the foregoing entities’ respective officers, directors, employees or agents in their capacity as such or otherwise; except that this agreement to arbitrate shall not limit the Company’s right to seek equitable relief, including injunctive relief and specific performance, and damages in a court of competent jurisdiction. The Company and the Employee agree that any arbitration Agreement shall be settled exclusively by arbitration, conducted before an arbitrator in New York, New York in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules for the Resolution of Employment Disputes applicable rules of the American Arbitration Association (“AAA”) then in effect. Judgment may be entered on the arbitration award in any court having jurisdiction, provided, however, that the Company shall be entitled to seek a restraining order or such other rules injunction in any court of competent jurisdiction to prevent any continuation of any violation of the provisions of Sections 6, 7 or 8 of the Agreement and the Executive hereby consents that such restraining order or injunction may be granted without requiring the Company to post a bond. Only individuals who are (i) lawyers engaged fulltime in the practice of law; and (ii) on the AAA register of arbitrators shall be selected as applicable to an arbitrator. Within 20 days of the claims being arbitrated. If a party refuses to honor its obligations under this agreement to arbitrateconclusion of the arbitration hearing, the other party may compel arbitration in either federal or state court. The arbitrator shall apply prepare written findings of fact and conclusions of law. It is mutually agreed that the substantive law written decision of the State of Delaware (excluding Delaware choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority be valid, binding, final and non-appealable, provided, however, that the parties hereto agree that the arbitrator shall not be empowered to resolve award punitive damages against any dispute relating party to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to such arbitration. The parties agree that venue for arbitration arbitrator’s fees and expenses will be in Wilmington, Delaware, and that any arbitration commenced in any other venue will be transferred to Wilmington, Delaware, upon the written request of any party to this Agreementborne equally by each party. In the event that an arbitration action is actually conducted brought to enforce the provisions of this Agreement pursuant to this Section 10(m)20, the each party in whose favor the arbitrator renders the award shall be entitled to have and recover from the other party all costs pay its own attorney’s fees and expenses incurred, including reasonable attorneys’ fees, expert witness fees, and costs actually incurred. Any and all regardless of whether in the opinion of the arbitrator’s orders, decisions and awards may be enforceable in, and judgment upon any award rendered by the court or arbitrator may be confirmed and entered by, any federal or state court having jurisdiction. All proceedings conducted pursuant to this agreement to arbitrate, including any order, decision or award of the arbitrator, shall be kept confidential by all partiesdeciding such action there is a prevailing party. EACH PARTY ACKNOWLEDGES THATOF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL, INCLUDING TRIAL BY SIGNING JURY, IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY COVERED CLAIM ALLEGED BY SUCH PARTY.

Arbitration; Waiver of Jury Trial. The Company and the Employee All Parties agree to the resolution by binding arbitration of that all claimscontroversies, demands, causes of action, disputes, controversies claims or other matters matter in question (“claims”) whether or not arising out of or relating to (i) this Agreement, whether sounding in contract(ii) any breach thereof, tort or otherwise (iii) the relationship between the Prospect, Broker and whether provided by statute or common law, that the Company may have against the Employee or that the Employee may have against the Company or its parents, subsidiaries and affiliatesBuilder, and each (iv) any representations of warranties, express or implied, relating to the Property and the residence located thereon (herein referred to collectively as a “Dispute”) shall be submitted to mediation before resorting to binding arbitration. If the need for mediation arises, a INITIALED FOR IDENTIFICATION / OWNER BUILDER mutually acceptable mediator shall be chosen by the parties to the dispute and the cost of mediation services shall be shared equally by the parties to the dispute. If mediation fails to resolve the Dispute, the Dispute shall be submitted to the American Arbitration Association for binding arbitration under the Construction Industry Arbitration Rules of the foregoing entities’ respective officersAAA. The arbitration shall be governed by Texas law and the U.S. Arbitration Act, directors9 U.S.C. §§ 1-16, employees or agents to the exclusion of any provisions of state law that are inconsistent with application of the Federal Act. The award of the arbitrator shall be rendered in their capacity as such or otherwise; except that this agreement to arbitrate accordance with the AAA Rules then in effect. In rendering the award, the arbitrator shall not limit state the Company’s right to seek equitable reliefreasons therefore, including injunctive relief any computations of actual damages or offsets, if applicable. The Parties agree to abide by and specific performanceperform any award rendered by the arbitrator. If the non-prevailing Party fails to comply with all aspects of the award within thirty (30) days following issuance of the award, and damages the prevailing Party shall be entitled to see enforcement of the award in a any court of competent jurisdiction. The Company If such enforcement becomes necessary, the prevailing Party in such proceeding shall recover its reasonable attorney’s fees in addition to any other relief to which the Party is entitled. This Dispute Resolution provision does not extend to or govern any dispute that may arise under the Construction Agreement between Builder and the Employee agree Prospect, and reference should be made to that any arbitration shall be in accordance with the Federal Arbitration Act (“FAA”) and, to the extent an issue is not addressed by the FAA, with the then-current National Rules document for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”) or such other rules of the AAA as dispute resolution process applicable to the claims being arbitrated. If a party refuses to honor its obligations under this agreement to arbitrate, the other party may compel arbitration in either federal or state court. The arbitrator shall apply the substantive law of the State of Delaware (excluding Delaware choice-of-law principles that might call for the application of some other state’s law), or federal law, or both as applicable to the claims asserted. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including any claim that all or part of this Agreement is void or voidable and any claim that an issue is not subject to arbitration. The parties agree that venue for arbitration will be in Wilmington, Delaware, and that any arbitration commenced in any other venue will be transferred to Wilmington, Delaware, upon the written request of any party to this Agreement. In the event that an arbitration is actually conducted pursuant to this Section 10(m), the party in whose favor the arbitrator renders the award shall be entitled to have and recover from the other party all costs and expenses incurred, including reasonable attorneys’ fees, expert witness fees, and costs actually incurred. Any and all of the arbitrator’s orders, decisions and awards may be enforceable in, and judgment upon any award rendered by the arbitrator may be confirmed and entered by, any federal or state court having jurisdiction. All proceedings conducted pursuant to this agreement to arbitrate, including any order, decision or award of the arbitrator, shall be kept confidential by all parties. EACH PARTY ACKNOWLEDGES THAT, BY SIGNING THIS AGREEMENT, SUCH PARTY IS KNOWINGLY AND VOLUNTARILY WAIVING ANY RIGHT THAT SUCH PARTY MAY HAVE TO A JURY TRIAL OR A COURT TRIAL OF ANY COVERED CLAIM ALLEGED BY SUCH PARTYconstruction- related claims.