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DocuSign Envelope ID:21DA64AB-45D9-402D-84E1-762AFA5983F3 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, Lability, and claims thereof resulting directly from such bens and attachments. 4.4 LIMIT AUON ON CI-A15SF5 OF DA_-MAGF&- As to Anims arisiag 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 consequential loss; (B) loss of profits, loss of prospective economic advantage or benefit,or loss of bensi opportunity,wbealmr direct or indiner4 or (C)punitive or exemplary-damages. 5. INSURANCE 5.1 EMC will require conarzictors who perform the Work under this Agreement to maintain all insruance required by law and hab@ity utsmmoce coverage in knee with the contractors' service agreements. 6. GOVERNING LAW AND RESOLUTION OF DISPUTES 6-1 Governing Law.This Agreement is governed by and int+erpmted in accordance Faith the law of the State of California. whhout regard to its choice of law auks, 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). 62 Resolutions of Disputes. The Parties shall exclusively and finally resolve any dispute bef ven them using direct neglDnamions,awdiatiao~and then arbitration as set out m 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.Mediation must be attended by a representative Gum each Party with decision-malcing authority.All mediafim fees and costs must be paid equally and each Pmrty shall bear its oven attorne<s' 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 USS5,000,1ZW or its currency equivalent,ar if there is a dispute%hethcr the monetary%-Jue exceeds the US$5,000,000) will conduct the arbitral proceedings in accordance with the then existing Commercial Arbitration Rule of the American Arbitration Association ("AAA')- The arbitrator(s) must be appointed as provided in the AAA Commercial Arbitration Rules.The maximum number of witnesses each Party may call to give evidence is 3 witnesses of fact and 1 expert witness 1 he 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 other judicial authority under any applicable law to the extent that such Wvaiver ma) be validly mom_Proceedings ti)(A)presm2 property or so&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 PROVISIONS Old Valtzy Pigdm Ri&of Way,Tracy_CA FCC ES Law Site Access Agreement Outdoor U.S.(Rev7 July 2018) 4