Page 31 - Employee Handbook January 2018

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AGREEMENT TO ARBITRATE

Due to the delay and expense of litigation, and in exchange for my employment or continued employment as well as the
mutual promises contained in this Agreement, Hercules Real Estate Services (and/or my employer affiliate, if applicable)
and I agree to use confidential binding arbitration, instead of going to court, to decide all claims, including claims now in
existence or that may exist in the future, arising out of the relationship between me and Hercules Real Estate Services, its
related companies, and/or their current or former employees. Without limitation, those claims include any disputes con-
cerning wages, compensation or leave, employment (including, but not limited to, any claims relating to harassment or
discrimination), or termination of employment. I understand that this Agreement does not, however, preclude (stop) me
from filing a claim with an administrative agency such as an unemployment agency, a workers compensation agency, the
Equal Employment Opportunity Commission (or a state or local anti-discrimination agency), or the National Labor Rela-
tions Board.

In any arbitration, the then-prevailing employment dispute resolution rules of the American Arbitration Association will
apply (copies of which are available on the American Arbitration Association website, www.adr.org), with two excep-
tions. First, regardless of what those rules say, Hercules Real Estate Services will pay the arbitrator’s fees, and (if I am
the one filing the claim) Hercules Real Estate Services will pay that portion of the arbitration filing fee that is in excess
of the similar court filing fee had I been able to file the claims in court. Second, regardless of what those rules say, Her-
cules Real Estate Services and I agree that all claims subject to arbitration under this Agreement will be instituted only in
each party’s individual capacity, and not as a representative claimant on behalf of any purported class, collective or con-
solidated action. I understand that this means that Hercules Real Estate Services and I are waiving all rights to the appli-
cation of class or collective action procedures to any arbitration proceeding conducted under this Agreement.

AGREED:

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Hercules Living Employee Handbook March 2016 Page 31