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First American Title Company File No.:OSA-7376481(NP)
<br /> deemed fully released and discharged from any obligations, duties or requirements imposed by these or other
<br /> instructions given to Settlement Agent. This paragraph does not limit any interpleader or other rights Settlement
<br /> Agent may have under applicable law.
<br /> State Escheatment Requirements: Settlement Agent may forward any balance of escrowed funds held to the
<br /> applicable state agency or department requiring the disposition or handling of unclaimed property pursuant to the
<br /> applicable state's unclaimed property act or administrative rules (known as escheatment). Once funds have been
<br /> escheated, it may be necessary for the Parties to file a claim with the State in order to receive the escheated
<br /> funds. Settlement Agent will have no further duty with respect to the funds or to assist with any Party's claim to
<br /> receive the funds.
<br /> Force Majeure: Settlement Agent shall not be liable for a failure or delay in performing any of its obligations to
<br /> the extent that such failure or delay is due to causes beyond the reasonable control of the Settlement Agent,
<br /> including but not limited to: (a) unusually severe weather or other acts of God; (b) fire, explosion or earthquake;
<br /> (c)war, invasion, terrorism, riot or other civil unrest; (d) governmental laws, orders, restrictions, embargoes or
<br /> blockages; (e) national or regional emergency; (f) highly infectious diseases, epidemics, pandemics; (g)
<br /> injunctions, strikes, lockouts, or other industrial disturbances, (h) inability to obtain or use necessary
<br /> transportation, power or infrastructure, (1) inability to obtain or use necessary products or materials, 0)cyber or
<br /> ransomware attacks, unavailability of communications, data, or computer systems resulting from unauthorized
<br /> actions or activity, business cessation, failure of any financial institution, or other forms of business interruption,
<br /> or(k) other causes whether similar or dissimilar to the foregoing ("force majeure"),
<br /> F. Dispute Resolution: Please read this arbitration provision carefully. It requires the resolution of
<br /> disputes by arbitration on an individual basis rather than by iury trials or class actions.
<br /> (a) The Parties acknowledge that they are entering into this arbitration agreement in connection with escrow
<br /> services related to a real estate transaction. The Parties agree that all disputes and claims involving
<br /> Settlement Agent that arise out of or relate to the escrow services in any way must be resolved by
<br /> arbitration. This arbitration agreement is intended to be broadly interpreted, and the obligation to arbitrate
<br /> includes disputes or claims brought by or against the Parties' respective affiliates, owners, agents, employees,
<br /> representatives, predecessors, successors, assigns, and any beneficiaries of the escrow services, such as
<br /> those with an interest in the underlying real estate transaction or who are or intend to be occupants,tenants,
<br /> or owners of the property. Notwithstanding the foregoing, any party may bring an individual action in small
<br /> claims court, so long as the action remains in that court. Any dispute as to the arbitrability of claims or the
<br /> scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (d) below, is for
<br /> the count to decide. The services provided by Settlement Agent evidence a transaction in interstate
<br /> commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
<br /> This arbitration provision shall survive termination of the Escrow.
<br /> (b) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The
<br /> arbitration will be governed by the Commercial Arbitration Rules or, where applicable, the Consumer
<br /> Arbitration Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by
<br /> this arbitration provision. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-
<br /> 778-7879. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be
<br /> administered by another arbitration provider that the Parties agree to or that the court selects. Arbitrators
<br /> may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators
<br /> shall be bound by rulings in prior arbitrations involving the same customer to the extent required by
<br /> applicable law. Unless the Parties agree otherwise, any in-person arbitration hearings shall be in the county
<br /> in which the underlying real estate at issue in the transaction is located.
<br /> (c) Arbitration Costs. The Settlement Agent will pay all AAA filing, administrative, and arbitrator fees for any
<br /> arbitration that the Settlement Agent commences. If another party commences arbitration and the value of
<br /> that claim is $75,000 or less (to either party), the Settlement Agent will pay all AAA fees. If, however,the
<br /> arbitrator finds that the substance of such a claim or the relief sought is frivolous or brought for an improper
<br /> purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all
<br /> AAA fees shall be governed by the AAA Rules.
<br /> (first An erlcaan Rnanciad Corporation.All Rights Reseraedd. NIY1E: FAF Page 5 of 11t
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