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<br /> <br /> <br /> 11 <br />File: VS Terms of Service 04DEC2020-V01 ©RecTrac, LLC All rights reserved. <br /> Last Revision: 9/29/2021 <br />Claim Notice. Your Claim Notice must be sent to <br />Vermont Systems, Inc., ATTN: Legal, 12 Market <br />Place, Essex Junction, VT 05452. <br />21.3 Mediation. Before beginning nonbinding <br />mediation, you or we must first send a Claim <br />Notice. Within 30 days after sending or receiving a <br />Claim Notice, you or we may submit the Claim for <br />mediation. Mediation fees will be split equally, and <br />the location for mediation shall be mutually <br />decided between you and us. All mediation-related <br />communications are confidential, inadmissible in <br />court and not subject to discovery. All applicable <br />statutes of limitations will be tolled until <br />termination of the mediation. Either you or we <br />may terminate the mediation at any time. <br />21.4 Arbitration. The parties may elect to resolve <br />any Claim by individual binding arbitration only <br />upon mutual agreement. Claims will be decided by <br />one neutral arbitrator who will be a retired judicial <br />officer or an attorney with at least 10 years of <br />experience; however, if we both agree, we may <br />select another person with different qualifications. <br />If arbitration is chosen by mutual agreement of the <br />parties, neither you nor we will have the right to <br />litigate that claim in court or have a jury trial on <br />that claim. Further, you and we will not have the <br />right to participate in a representative capacity or <br />as a member of any class pertaining to that claim. <br />The arbitrator's decisions are enforceable as any <br />court order and are subject to very limited review <br />by a court. The arbitrator's decision will be final <br />and binding. Before beginning arbitration, you or <br />we must first send a Claim Notice. The parties must <br />choose upon mutual agreement to arbitrate either <br />before JAMS or AAA. This arbitration provision is <br />governed by the FAA. You will be responsible for <br />paying your share of any arbitration fees (including <br />filing, administrative, hearing or other fees). We <br />will be responsible for our arbitration fees. <br /> <br />DocuSign Envelope ID: E67DC299-98E1-4682-B281-3085AC9FC5B4DocuSign Envelope ID: D8616E66-A1E5-427C-BF38-08F85D32580F