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10 <br /> Suburban• <br /> • <br /> • • — • ,.Propn' DISPUTE RESOLUTION PROCEDURES ADDENDUM <br /> TO RESIDENTIAL AND COMMERCIAL PROPANE <br /> SERVICE AGREEMENTS {`AGREEMENT") <br /> Customer and Suburban hereby agree that any and all Disputes(as that term Is hereinafter defined)between them arising from <br /> this Agreement or any prior agreement between them,and/or the relationship created hereby or thereby, or otherwise, will be <br /> exclusively resolved by final and binding arbitration. Customer and Suburban agree that, by entering into this <br /> Agreement,they each are waiving the right to a trial by jury or to participate in a class action with respect to <br /> any Dispute. For ease of administration and convenience, the parties agree that the Federal Arbitration Act governs the <br /> Interpretation and enforcement of this Dispute Resolution Procedures Addendum ("Addendum"). This Addendum shall survive <br /> termination of this Agreement. <br /> Capitalized terms used in this Addendum but not otherwise defined herein shall have the same meaning as in the Agreement • <br /> For purposes of this Addendum, a "Dispute" shall be broadly interpreted to include, without limitation, any and all claims) <br /> arising out of or relating in any way to any aspect of the relationship between Suburban and Customer, whether based in <br /> contract, tort, statute, fraud, misrepresentation or any other legal theory (including, but not limited to, claims relating to <br /> advertising, marketing or other publicity),even if arising before this Agreement or any prior agreementbetween the parties or <br /> that may arise after the termination of this Agreement, including, without limitation, claims that are currently the subject of <br /> purported dass action litigation in which Customer is not a member of a certified class. Notwithstanding the foregoing, the <br /> term"Dispute"shall regi;include the following claims,and only the following daims: <br /> (a)claims by Customer(or Customer's legal representatives)for personal injury, death or damage to tangible property arising <br /> out of the physical delivery of Propane by Suburban to Customer, Customer's usage of such Propane, the condition of the <br /> Equipment or Suburban's actions or alleged inactions with respect to such Equipment;or <br /> (b) claims by Suburban to enforce Customer's indemnification, release and/or hold harmless obligations under this Agreement <br /> and/or for the payment of any amounts alleged to be owed by Customer to Suburban;or <br /> (c) claims which Customer could bring as an individual in a small daims or equivalent court;or <br /> (d) dalms by either party to enforce the terms of this Addendum. <br /> If either party believes that a Dispute has arisen,that party first_shall send a certified letter to the other party(Customer should <br /> send the certified letter to the manager of.the Suburban location identified on the first page of this Agreement (or any <br /> successor Suburban location then servicing Customer)), describing with reasonable particularity the nature and basis of the <br /> Dispute and the relief sought. If the parties do not reach an agreement to resolve the Dispute within 30 days after the date the <br /> party receives the certified letter, either party may commence an arbitration proceeding by sending another certified letter <br /> notifying the other party of its intent to commence arbitration. <br /> Arbitration of Disputes will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures <br /> for Consumer Related Disputes(collectively, "MA Rules") of the American Arbitration Association ("AAA"), as modified by this <br /> Agreement,and will be conducted before a single arbitrator appointed in accordance with the AM Rules. The MA Rules are <br /> available online at www.adr.orq or by calling the AAA at 1-800-778-7879. The AAA shall administer the arbitration. Unless the <br /> parties otherwise agree, any-arbitration hearings will take place in the county (or parish) of Customer's Billing Address. <br /> Customer may direct that the arbitration be conducted telephonically or be based on written submissions. <br /> All issues that relate to the Dispute are for the arbitrator to dedde, but the arbitrator is bound by the terms of this Agreement <br /> and this Addendum. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the <br /> extent necessary to provide relief warranted by that party's individual claim as stated in•tfte Dispute. The arbitrator has the <br /> discretion,but not the obligation,to award fees and costs to the party prevailing in the arbitration. All awards by the arbitrator <br /> shall be in writing. <br /> CUSTOMER AND SUBURBAN AGREE THAT EACH PARTY TO THIS ADDENDUM MAY BRING CLAIMS AGAINST THE <br /> OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY <br /> PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,unless both Customer and Suburban otherwise <br /> agree in'writing and in their sole discretion,the arbitrator may not consolidate more than one entity's claims, <br /> and may not otherwise preside over any form of a representative or class proceeding relating to the Dispute. If <br /> this specific provision is found to be unenforceable,then the entirety of this Addendum shall be null and void. <br /> DISTRIBUTION: CUSTOMER - COPY OFFICE - COPY Item No.1539546 AGR-1077-0511 <br /> 8 2 <br />