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First American Title Company File No.:05A-7376481(NP) <br /> (d) Prohibition of Class or Representative Actions and Non-Individualized Relief. UNDER THIS AGREEMENT,ANY <br /> CLAIM MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS A PLAINTIFF, <br /> CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY <br /> GENERAL PROCEEDING. Further, unless all Parties agree otherwise, the arbitrator may not consolidate more <br /> than one person's claims and may not otherwise preside over any form of a class, representative, or private <br /> attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the <br /> relief is individualized to the claimant and would not affect other persons. No party may seek non- <br /> individualized relief that would affect persons other than the Parties themselves. If a court decides that <br /> applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or request <br /> for a particular remedy(such as a request for injunctive relief), then that claim or request for that remedy <br /> must be brought in court and all other claims and requests for remedies must be arbitrated in accordance <br /> with this agreement. <br /> OFirst American Financial Corporation,A!! Rights Reserved,NYSE: EAF Page 6 of 12 <br />