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DocuSign Envelope ID:8F38E285-6735-49DA-9948-802872B2FF5B Old Valley Pipeline Right of Way Tracy,CA after termination of this Agreement shall indemnify,defend, and hold Grantor and the Property harmless from and against any and all loss, damage, injury, liability, and dams thereof n solhog directly from such ties and attachments. 4.4 LI]LkIITATIOIW ON CLASSES OF DAMAGES,. As to daiuis arisg from this Agreement or the performance of the Work on the Property by EMC Group or its representatives, no Party is liable to any other Party for any of the following: (A) indirect or consegnentisl loss; (B) loss of profits, loss of prospective economic advantage or benefit,or loss of business opportt= ,W.F<her direct or indnvct;or (C)punitive or exemplary dam:: 5. INSURANCE 5.1 EMC will require conbactom who perform the Work under this Apeement to maintain all insurance uMpk rd by law and liability insurance coverage in mince witb the contractors' service agreements. 6. GOVERNING LAW AND RESOLUTION OF DISPUTES 6.1 Governing Law.This Agreement is governed by and mlcr bed in accordance with the law of the State of Califonna, withocrt regard to its choice of law ruled except that the substantive and procedural rules of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 govern Section 6.2(Resolution of Disputes). 6.2 Resolution. of Di ll%mam The Parries shall exchrsmely and finally resolve any dispute between them using duedt a mediattion,and then arbitration as set out in this Section 6.2 (Resolution of Disputes). If a dispute arising out of this Agreement is not resolved by direct negotiations,either Party may initiate mediation by giving notice to the other setting out the disputed issues and the value of the claim.Miediation must be attended by a lhive from each Party with decision making authority All mediation fees and costs mush be paid equally and each Party shall bear as own attorneys'fees and costs in connection with such mediation. If the Parties fail to resolve the dispute within 60 days from notice of mediation,either Party may initiate binding arbitration by giving notice to the other Party The place of arbitration must be in the State where the Property is located. One arbitrator (or 3 arbitrators if the monetary value of the dispute is more than USS5,000,000 ergs currency equivalcu t,orifthere is adispu1cwbe1hcrthemone aryvalue exceeds the US$5,000,000)will conduct the arbitral proceedings in accordance with the then existing Commercial Arbitration Rules of the American Arbitration Association ("AAA'). The arbdrAcw(s) must be appointed as provided in the AAA Commercial Arbitration Rules.The maximum number ofwdnesses each Party may call to give cwidenm is 3 witnesses of fad and 1 expert witness. The arbitration award is final and binding. Regardless of which Party prevails,all arbitration fees and costs must be paid equally and each Party shall bear its own attorneys'fees and costs in connection with such arbitration. The Parties waive irrevocably their right to any form of appeal,review,or recourse to any court or od xw judicial authority under any applicable law to the extent that such wanner may be validly made.ProceOdmgs to(A)preserve proper ty or seek injunctive relief,or(B) enforce an award under this Section 6.2(Resolution of Disputes),may be brought in any court of competent jurisdiction. 7. GENERAL PROVMONfS ON Vagey PVd=RMW of way,Thwy,CA FCC ES Law Site Access Agreement Outdoor U.S.(Rev7 July 2018) 4