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A. Arbitration: If a dispute arises under this Agreement or from the Participant’s use of the Premises or participation in the Activities, the Participant shall engage in reasonable faith efforts to mediate a settlement before filing a demand for arbitration. Should the dispute not be resolved by mediation, West Invest LLC and the Participant agree that instead of resolving the dispute by a judge or jury in a court of law, any dispute or claim arising out of or relating to this Agreement, the breach thereof, the Premises, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (“Dispute”) shall be brought by the parties in their capacity and not as a plaintiff or class member in any purported class or representative capacity, and shall be settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (“AAA”) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court with jurisdiction. No award shall exceed either party's claim amount, and the arbitrator shall have no authority to award punitive or exemplary damages. If the AAA cannot hear the Dispute for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. The arbitration shall be subject to the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and the Nebraska Uniform Arbitration Act (Chapter 25, Article 26 of the Nebraska Statutes). If either party files suit in violation of this paragraph (except to toll the statute of limitations), such party shall reimburse the other for their costs and expenses, including attorneys’ fees, incurred in seeking abatement of such suit and enforcement of this paragraph.

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