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CONTROVERSY, OR CLAIM. BY ACCEPTING THESE TERMS, YOU AND CINTAS ARE EACH
<br />EXPRESSLY WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PURSUE OR PARTICIPATE IN
<br />ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE CLAIMS OR PROCEEDINGS
<br />EITHER IN ARBITRATION OR IN ANY COURT. To the extent a class or collective action or
<br />representative claim or proceeding may not be waived, you agree to stay any such actions, claims, and
<br />proceedings until after all actions, claims, and proceedings subject to arbitration are fully resolved.
<br />b. Arbitration Procedures. Any arbitration between Customer and Cintas will be governed by the
<br />Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related
<br />Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this
<br />Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online
<br />at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Cintas. Any arbitration
<br />hearings will take place in the state in which the Customer is located; provided, however, that if the
<br />claim is for $10,000 or less, Customer may choose for the arbitration instead to conducted: (i) solely on
<br />the basis of documents submitted to the arbitrator; or (ii) through a telephonic hearing. The arbitrator
<br />must issue a reasoned written decision sufficient to explain the essential findings and conclusions on
<br />which the decision and award, if any, are based.
<br />C. Fees. If Customer commences arbitration in accordance with this Agreement, arbitration fees will be
<br />assessed consistent with the AAA Rules.
<br />d. No Class Actions in Arbitration or in Any Court, No Jury Trial. CUSTOMER AND CINTAS AGREE
<br />THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH MAY BRING CLAIMS AGAINST
<br />THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS
<br />MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, WHETHER IN
<br />ARBITRATION OR IN ANY COURT. FURTHER, UNLESS BOTH CUSTOMER AND CINTAS AGREE
<br />OTHERWISE, AN ARBITRATOR OR JUDGE MAY NOT CONSOLIDATE MORE THAN ONE
<br />PARTICIPATING PUBLIC AGENCY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY
<br />FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
<br />FOR THE AVOIDANCE OF DOUBT, CUSTOMER AND CINTAS AGREE TO RESOLVE ANY
<br />DISPUTE ON AN INDIVIDUAL, NON -REPRESENTATIVE, NON -CLASS BASIS IN ARBITRATION,
<br />BUT IF FOR ANY REASON SUCH DISPUTE PROCEEDS IN COURT, CUSTOMER AND CINTAS
<br />AGREE TO WAIVE ANY RIGHT TO HAVE THE DISPUTE PROCEED AS A CLASS ACTION OR IN
<br />ANY REPRESENTATIVE CAPACITY WHATSOEVER. IF THE DISPUTE PROCEEDS IN COURT,
<br />CUSTOMER AND CINTAS AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.
<br />e. Enforceability. If the requirement to submit any and all disputes, controversies, and claims to binding
<br />arbitration is found to be unenforceable or contrary to applicable law, the dispute, controversy or claim
<br />will be resolved in accordance with, and governed by, the laws of the State in which the Participating
<br />Public Agency exists.
<br />f. Severability. If any section or provision of this 12, Dispute Resolution — Arbitration and Class Waiver,
<br />is found to be unenforceable or invalid, the parties will substitute an enforceable provision that, to the
<br />maximum extent possible under applicable law, preserves the original intentions of the parties, and the
<br />remainder will be given full force and effect.
<br />43. Federal Funds. In no event will Cintas act as a subcontractor under a U.S. federal prime contractor or a subrecipient
<br />under a U.S. federal grant or cooperative agreement.
<br />44. Customer Funding Source. Customer must select the appropriate response below:
<br />Is Customer a United States federal government agency or instrumentality, or will Customer pay for the goods and
<br />services ordered under this Agreement with any United States government funds?
<br />No
<br />_Yes (If Yes, Customer must provide any applicable U.S. government flowdown terms and conditions, which will
<br />only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this agreement).
<br />45. Additional Terms. Customer must select the appropriate response below:
<br />Does Customer require any additional terms and conditions to be incorporated into this Agreement, or is Customer
<br />accepting the Agreement without additional terms?
<br />No additional terms needed
<br />Additional terms required (If so, Customer must provide any applicable additional terms and conditions, which
<br />will only be binding on Cintas if attached hereto and agreed to by Cintas prior to execution of this agreement).
<br />NOTICE TO CUSTOMER. BY AGREEING TO THIS ALARM MONITORING AGREEMENT,
<br />CUSTOMER EXPLICITLY ACKNOWLEDGES AND ACCEPTS PARAGRAPHS 10-13 AND 15
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