Common use of Dispute Resolution; Arbitration Clause in Contracts

Dispute Resolution; Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS RESIDENT’S RIGHTS, AND THE RIGHTS OF THOSE TO WHOM RESIDENT PROVIDES ACCESS TO THE PREMISES, INCLUDING GUESTS, GUARANTORS, AND ASSIGNEES. Except as expressly provided below, Landlord and Resident agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to this Contract or a similar prior contract, the Premises, or the relationship between Resident and Landlord and its affiliates (including matters occurring prior to the date of this Contract and disputes with third parties) (collectively, “Claims”) will be resolved by arbitration, including any dispute about arbitrability, such as scope and enforceability. The right and obligation to arbitrate under this section shall extend to all Claims, including those against or involving third parties such as Landlord’s or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors. Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed. Because the Contract memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at xxx.xxx.xxx or by calling 0-000-000-0000. The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the state in which the Facility is located: (a) an action for possession or for injunctive remedies provided under applicable landlord-tenant laws or to enforce intellectual property rights; (b) a suit by Landlord or its assignee for collection of amounts owed by Resident under this Contract; and (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also be brought in such court, instead of arbitration. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees. Resident also agrees that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, RESIDENT AND LANDLORD HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. Resident can decline this arbitration agreement by timely writing to 000 Xxxxxx Xxxxxx, Xxxxxx, XX 00000 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that Resident wishes to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date Resident becomes bound by the arbitration agreement. Please note that Resident will continue to be bound by any older arbitration provision Resident did not out opt of and any arbitration provision that otherwise governs the Claims. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void, other than the jury waiver provision.

Dispute Resolution; Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLYThis Service Agreement requires (and You agree to) binding arbitration if there is an unresolved dispute between You and Us concerning this Service Agreement (including the cost of, lack of or actual repair or replacement of Covered Equipment arising from a Power Surge). IT AFFECTS RESIDENT’S RIGHTSUnder this Arbitration provision, AND THE RIGHTS OF THOSE TO WHOM RESIDENT PROVIDES ACCESS TO THE PREMISESYou give up Your right to resolve any dispute arising from this Service Agreement by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action litigation, INCLUDING GUESTSany class arbitration or any consolidation of individual arbitrations. In arbitration, GUARANTORSa group of three arbitrators (each of whom is an independent, AND ASSIGNEESneutral third party) will give a decision after hearing Your and Our positions. Except as expressly provided belowThe decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators shall be final and binding and cannot be reviewed or changed by, Landlord and Resident agree that or appealed to, a court of law. To start arbitration, either You or We must make a written demand to the fullest extent permitted other party for arbitration. This demand must be made within one (1) year of the earlier of the date the Power Surge occurred or the dispute arose. You and We will each separately select an arbitrator. The two arbitrators will select a third arbitrator called an “umpire.” Each party will each pay the expense of the arbitrator selected by applicable lawthat party. The expense of the umpire will be shared equally by You and Us. Unless otherwise agreed to by You and Us, the arbitration will take place in the county and state in which You reside. The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. Seq.) and not by any dispute state law concerning arbitration. The rules of the American Arbitration Association (xxx.xxx.xxx) will apply to any arbitration under this Service Agreement. The laws of the state where You reside (without giving effect to its conflict of law principles) shall govern all matters arising out of or relating in any way to this Contract or a similar prior contractService Agreement and all transactions contemplated by this Service Agreement, including, without limitation, the Premisesvalidity, or the relationship between Resident and Landlord and its affiliates (including matters occurring prior to the date of this Contract and disputes with third parties) (collectivelyinterpretation, “Claims”) will be resolved by arbitrationconstruction, including any dispute about arbitrability, such as scope and enforceability. The right and obligation to arbitrate under this section shall extend to all Claims, including those against or involving third parties such as Landlord’s or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors. Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed. Because the Contract memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation performance and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at xxx.xxx.xxx or by calling 0-000-000-0000. The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the state in which the Facility is located: (a) an action for possession or for injunctive remedies provided under applicable landlord-tenant laws or to enforce intellectual property rights; (b) a suit by Landlord or its assignee for collection of amounts owed by Resident under this Contract; and (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also be brought in such court, instead of arbitration. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees. Resident also agrees that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, RESIDENT AND LANDLORD HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. Resident can decline this arbitration agreement by timely writing to 000 Xxxxxx Xxxxxx, Xxxxxx, XX 00000 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that Resident wishes to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date Resident becomes bound by the arbitration agreement. Please note that Resident will continue to be bound by any older arbitration provision Resident did not out opt of and any arbitration provision that otherwise governs the Claims. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void, other than the jury waiver provisionService Agreement.

Dispute Resolution; Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS RESIDENT’S RIGHTSAny claim or controversy between the Parties that arises out of this Agreement or breach thereof (a “Dispute”) shall be resolved in accordance with the procedures specified in this Section 15.9, AND THE RIGHTS OF THOSE TO WHOM RESIDENT PROVIDES ACCESS TO THE PREMISES, INCLUDING GUESTS, GUARANTORS, AND ASSIGNEES. Except as expressly provided below, Landlord which shall be the sole and Resident agree that exclusive procedures for the resolution of any such Disputes (except for disputes relating to the fullest extent permitted by applicable law, any Build-Out which shall initially be addressed through the procedure set forth in Section 2.3 and shall follow the procedure set forth herein when such dispute arising out of or relating in any way to this Contract or a similar prior contract, the Premises, or the relationship between Resident and Landlord and its affiliates (including matters occurring prior is escalated to the date Chief Executive Officer of this Contract and disputes with third parties) each Party). The Parties shall first attempt in good faith to resolve any Dispute promptly by negotiations between the Chief Executive Officer of each Party. Any Dispute that has not been resolved by negotiation as provided in the foregoing sentence within [**] after escalation to the Chief Executive Officer of each Party (collectively, “Claims”which escalation shall be documented in writing) will be resolved by binding arbitration, including any dispute about arbitrability, such as scope and enforceabilityunless the Parties mutually agree to an extended period of negotiation. The right and obligation to arbitrate under this section shall extend to all Claims, including those against or involving third parties such as Landlord’s or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors. Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. The parties will select a single by one arbitrator, but in the event that the parties are unable to agree, the arbitrator who will be appointed pursuant to the agreement of the Parties within [**] after filing, or if the Parties are unable to agree on an arbitrator within [**] after filing, pursuant to the Commercial Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving Rules and Mediation Procedures of the substantive legal areas involved in the disputeAmerican Arbitration Association (“AAA”). The arbitration will be concluded within three months held in New York, New York and will be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the date AAA, except that the rules set forth in this Section 15.9 will govern such arbitration to the extent they conflict with the rules of the Commercial Arbitration Rules and Mediation Procedures of the AAA. Time is of the essence for any arbitration under this Agreement and arbitration hearings shall take place within [**] after filing and awards rendered within [**] after filing. The arbitrator is appointedshall agree to these limits prior to accepting appointment. Because In the Contract memorializes a transaction arbitration, Massachusetts law will govern, except to the extent that those laws conflict with the Commercial Arbitration Rules and Mediation Procedures of the AAA and the provisions of this Section 15.9. The disclosure rules provided for in interstate commercethe AAA Commercial Arbitration Rules shall govern. The arbitrator shall not award damages in any arbitration initiated under this Section 15.9 that conflict with the limitations set forth in Article 13. The arbitrator may award to the prevailing Party, if any, as determined by the Federal Arbitration Act governs arbitrator, all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rulesarbitrators’ fees, is available at xxx.xxx.xxx or by calling 0administrative fees, travel expenses, out-000of-000-0000. The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate pocket expenses such as copying and telephone, court of the state in which the Facility is located: (a) an action for possession or for injunctive remedies provided under applicable landlord-tenant laws or to enforce intellectual property rights; (b) a suit by Landlord or its assignee for collection of amounts owed by Resident under this Contract; costs, witness fees, and (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also be brought in such court, instead of arbitration. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees. Resident also agrees that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUALExcept as may be required by law or regulation, NON-CLASSneither a Party nor an arbitrator may disclose the existence, AND NON-REPRESENTATIVE CAPACITYcontent, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, RESIDENT AND LANDLORD HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATIONor results of any arbitration hereunder without the prior written consent of both Parties. Resident can decline this In the event a person fails to comply with the procedures in any arbitration agreement in a manner deemed material by timely writing to 000 Xxxxxx Xxxxxx, Xxxxxx, XX 00000 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that Resident wishes to opt out of this arbitration agreement. To be effectivearbitrator, the opt-out notice must be mailed no later than 30 days after arbitrator will fix a reasonable period of time for compliance and, if the date Resident becomes bound person does not comply within said period, a remedy deemed just by the arbitration agreementarbitrator, including an award of default, may be imposed. Please note that Resident The determination of the arbitrator will continue to be bound final and binding on Translate Bio and AMRI. Judgment upon the award rendered by the arbitrator may be entered in any older arbitration provision Resident did not out opt of and any arbitration provision that otherwise governs the Claims. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void, other than the jury waiver provisioncourt having jurisdiction thereof.

Dispute Resolution; Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS RESIDENT’S RIGHTS, AND THE RIGHTS OF THOSE TO WHOM RESIDENT PROVIDES ACCESS TO THE PREMISES, INCLUDING GUESTS, GUARANTORS, AND ASSIGNEES. Except as expressly provided below, Landlord and Resident agree that to the fullest extent permitted by applicable law, any Any dispute arising out of or relating in any way related to this Contract or a similar prior contract, the Premises, or the relationship between Resident and Landlord and its affiliates (including matters occurring prior to the date of this Contract and disputes with third parties) (collectively, “Claims”) will Agreement which cannot be resolved by arbitrationnegotiation, including any dispute about arbitrability, such as scope and enforceabilityshall be submitted for amicable settlement to a neutral third party for conciliation in New York City. The right and obligation to arbitrate under this section Requests for conciliation shall extend to all Claims, including those against or involving third parties such as Landlord’s or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors. Except as expressly provided herein, any arbitration will be conducted made pursuant to the applicable rules International Chamber of Commerce ("ICC") Rules for Optional Conciliation, whereunder the “Arbitration Rules”) president of the American Arbitration AssociationICC shall appoint a Conciliation Committee consisting of two members of the same nationalities of the two parties and a third member from a third country, who shall preside as chairman of the Committee. Should If the AAA be unavailable, unable conciliation has not been accomplished within sixty (60) days by way of a settlement of the suit or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as writtena basis for settlement, the parties shall agree on a substitute either party may proceed to arbitration organization, such as JAMS, that will enforce the arbitration provisions as writtenwithout prejudice. The parties will select a single arbitratoragree to split evenly the expenses for conciliation, but in regardless of the outcome. In the event that the parties are unable to agreedispute has not been settled by negotiation or conciliation, the arbitrator will dispute shall be finally settled by binding arbitration in accordance with the Rules of Arbitration of the ICC by three (3) arbitrators appointed pursuant to the Arbitration Rulesin accordance with this paragraph. The arbitrator will decision of the arbitrators shall be a practicing attorney with significant expertise final and binding on the parties. Venue for all proceedings shall be in litigating and/or presiding over cases involving the substantive legal areas involved in the disputeNew York City. The arbitration will be concluded within three months costs of the date the arbitrator is appointed. Because the Contract memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rulesfees and expenses of the Arbitrators and any administrative expenses, is available at xxx.xxx.xxx or shall be shared equally by calling 0-000-000-0000the parties regardless of the outcome. Each party shall bear the cost of preparing and presenting its case. The following matters will not language of arbitration shall be subject English. The parties each shall, within twenty (20) business days, choose one arbitrator who shall be independent of the parties to the arbitration but will instead and whose training, professional activity and nationality are suitable to them. The two chosen arbitrators shall promptly choose a third arbitrator. If they are unable to choose a third arbitrator within ten (10) business days after they are both chosen, then the third arbitrator shall be adjudicated chosen by the ICC Court of Arbitration. The parties agree that the arbitrators shall have no power or authority to make awards or issue orders of any kind except as expressly permitted by this Agreement, and in no event shall the appropriate arbitrators have the authority to make any award that provides for punitive or exemplary damages. The arbitrators' decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award may be confirmed and enforced in any court of the state in which the Facility is located: (a) an action for possession or for injunctive remedies provided under applicable landlordcompetent jurisdiction. All post-tenant laws or to enforce intellectual property rights; (b) a suit by Landlord or its assignee for collection of amounts owed by Resident under this Contract; and (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also award proceedings shall be brought in such court, instead of arbitration. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees. Resident also agrees that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, RESIDENT AND LANDLORD HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. Resident can decline this arbitration agreement by timely writing to 000 Xxxxxx Xxxxxx, Xxxxxx, XX 00000 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that Resident wishes to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date Resident becomes bound governed by the arbitration agreement. Please note that Resident will continue to be bound by any older arbitration provision Resident did not out opt of and any arbitration provision that otherwise governs the Claims. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void, other than the jury waiver provisionICC.

Dispute Resolution; Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS RESIDENT’S RIGHTS, AND THE RIGHTS OF THOSE TO WHOM RESIDENT PROVIDES ACCESS TO THE PREMISES, INCLUDING GUESTS, GUARANTORS, AND ASSIGNEES. Except as expressly provided below, Landlord The Advisor and Resident agree that ELAS shall attempt in good faith to the fullest extent permitted by applicable law, resolve any dispute arising out of or relating in any way to this Contract or Agreement promptly by negotiation between executives who have authority to settle the dispute and who are at a similar prior contract, higher level of management (who may be officers of ERE in the Premises, or case of the relationship between Resident and Landlord and its affiliates (including matters occurring prior Advisor) than the persons with direct responsibility for administration of this Agreement. All reasonable requests for information by one party to the date of this Contract and disputes with third parties) (collectively, “Claims”) other will be honored and all negotiations shall be confidential and treated as compromise and settlement negotiations. If the dispute has not been resolved by arbitration, including any negotiation within [20] days after either party notifies the other in writing that a dispute about arbitrability, such as scope and enforceability. The right and obligation to arbitrate under this section shall extend to all Claims, including those against or involving third parties such as Landlord’s or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors. Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as writtenexists, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce endeavor to settle the arbitration provisions as writtendispute by mediation under the then current CPR Model Mediation Procedure for Business Disputes. The parties will select a single arbitrator, but have selected Xx. Xxxxx Eagle of Massachusetts Institute of Technology as the mediator in any such dispute and he has agreed to serve in that capacity. In the event that Xx. Xxxxx Eagle is unwilling or unable to serve, the parties are have selected Xx. Xxxxx Linnemann of The Xxxxxxx School as an alternative mediator and he has agreed to serve in that capacity. In the event that Xx. Xxxxx Xxxxxxxxx is unwilling or unable to agreeserve, the arbitrator will mediator shall be appointed pursuant the most senior real property consultant at Xxxxx Xxxxxxx and Associates at that time. In the event that he/she is unwilling or unable to serve, the Arbitration Rules. The arbitrator will mediator shall be a practicing attorney with significant expertise person of similar stature selected by the CPR Institute for Dispute Resolution. If the dispute has not been resolved by such mediation within 30 days following the submission of such dispute to mediation, either party may submit such dispute to binding arbitration under the Rules for Non-Administered Arbitration of Business Disputes of the CPR Institute for Dispute Resolution, and judgment on the award rendered by the arbitrators may be entered in litigating and/or presiding over cases involving the substantive legal areas involved any court having jurisdiction thereof. In any such arbitration there shall be three arbitrators, each of whom shall have experience in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed. Because the Contract memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at xxx.xxx.xxx or by calling 0-000-000-0000. The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the state in which the Facility is located: (a) an action for possession or for injunctive remedies provided under applicable landlord-tenant laws or to enforce intellectual property rights; (b) a suit by Landlord or its assignee for collection of amounts owed by Resident under this Contract; and (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also be brought in such court, instead of arbitration. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees. Resident also agrees that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, RESIDENT AND LANDLORD HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. Resident can decline this arbitration agreement by timely writing to 000 Xxxxxx Xxxxxx, Xxxxxx, XX 00000 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that Resident wishes to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date Resident becomes bound by the arbitration agreement. Please note that Resident will continue to be bound by any older arbitration provision Resident did not out opt of and any arbitration provision that otherwise governs the Claims. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severedreal estate investment advisory industry, and the remaining arbitration terms shall be enforcedtake place in New York, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void, other than the jury waiver provisionNew York.

Dispute Resolution; Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS RESIDENT’S RIGHTS, AND THE RIGHTS OF THOSE TO WHOM RESIDENT PROVIDES ACCESS TO THE PREMISES, INCLUDING GUESTS, GUARANTORS, AND ASSIGNEES. Except as expressly provided below, Landlord The Advisor and Resident agree that EMC shall attempt in good faith to the fullest extent permitted by applicable law, resolve any dispute arising out of or relating in any way to this Contract or Agreement promptly by negotiation between executives who have authority to settle the dispute and who are at a similar prior contract, higher level of management (who may be officers of EMC's parent in the Premises, or case of EMC) than the relationship between Resident and Landlord and its affiliates (including matters occurring prior persons with direct responsibility for administration of this Agreement. All reasonable requests for information by one party to the date of this Contract and disputes with third parties) (collectively, “Claims”) other will be honored and all negotiations shall be confidential and treated as compromise and settlement negotiations. If the dispute has not been resolved by arbitration, including any negotiation within 20 days after either party notifies the other in writing that a dispute about arbitrability, such as scope and enforceability. The right and obligation to arbitrate under this section shall extend to all Claims, including those against or involving third parties such as Landlord’s or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors. Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as writtenexists, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce endeavor to settle the arbitration provisions as writtendispute by mediation under the then current CPR Model Mediation Procedure for Business Disputes. The parties will select a single arbitrator, but have selected Mr. Xxxxx Xxxle of Massachusetts Institute of Technology as the mediator in any such dispute and he has agreed to serve in that capacity. In the event that Mr. Xxxxx Xxxle is unwilling or unable to serve, the parties are have selected Mr. Xxxxx Xxxxxxxxx xx The Wharxxx Xxxool as an alternative mediator and he has agreed to serve in that capacity. In the event that Mr. Xxxxx Xxxxxxxxx xx unwilling or unable to agreeserve, the arbitrator will mediator shall be appointed pursuant the most senior real property consultant at Franx Xxxxxxx xxx Associates at that time. In the event that he/she is unwilling or unable to serve, the Arbitration Rules. The arbitrator will mediator shall be a practicing attorney with significant expertise person of similar stature selected by the CPR Institute for Dispute Resolution. If the dispute has not been resolved by such mediation within 30 days following the submission of such dispute to mediation, either party may submit such dispute to binding arbitration under the Rules for Non-Administered Arbitration of Business Disputes of the CPR Institute for Dispute Resolution, and judgment on the award rendered by the arbitrators may be entered in litigating and/or presiding over cases involving the substantive legal areas involved any court having jurisdiction thereof. In any such arbitration there shall be three arbitrators, each of whom shall have experience in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed. Because the Contract memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at xxx.xxx.xxx or by calling 0-000-000-0000. The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the state in which the Facility is located: (a) an action for possession or for injunctive remedies provided under applicable landlord-tenant laws or to enforce intellectual property rights; (b) a suit by Landlord or its assignee for collection of amounts owed by Resident under this Contract; and (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also be brought in such court, instead of arbitration. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees. Resident also agrees that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, RESIDENT AND LANDLORD HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. Resident can decline this arbitration agreement by timely writing to 000 Xxxxxx Xxxxxx, Xxxxxx, XX 00000 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that Resident wishes to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date Resident becomes bound by the arbitration agreement. Please note that Resident will continue to be bound by any older arbitration provision Resident did not out opt of and any arbitration provision that otherwise governs the Claims. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severedreal estate investment advisory industry, and the remaining arbitration terms shall be enforcedtake place in New York, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void, other than the jury waiver provisionNew York.