GE Industrial Solutions WattStation Connect Service Agreement - Manual (Page 4)

All disputes arising in connection with this Agreement, including any question regarding its existence or
validity, shall be resolved in accordance with this section. If the dispute is not resolved within thirty (30)
business days after the giving of notice, or such later date as may be mutually agreed, either party may
commence arbitration or court proceedings, in accordance with the following:
(a) If You are domiciled in the United States, legal action shall be commenced in federal
court with jurisdiction applicable to, or state court located in, either Cobb County, Georgia or
the location of Your domicile; or
(b) If You are domiciled outside the U.S., the dispute shall be submitted to final and binding
arbitration under the International Institute for Conflict Prevention & Resolution (“CPR”) Rules
for Non-Administered Arbitration of Business Disputes in effect at the time of Your acceptance
of this Agreement by a single arbitrator appointed in accordance with the Rules. The arbitration
proceeding shall take place in New York, New York and shall be governed by the laws of New
York, in accordance with Section 23. The arbitration shall be conducted in English. In reaching
their decision, the arbitrator shall give full force and effect to the intent of the parties as
expressed in the Agreement, and if a solution is not found in the Agreement, shall apply the
governing law of the Agreement. The arbitrator shall not be requested nor shall they have the
power to render any decision or award except as provided in the preceding sentence or as may
otherwise be specifically provided herein. The prevailing party will be entitled to an award of all
fees, costs and expenses of the arbitration and the arbitrator. You agree that any suit, action or
proceeding required to enforce any arbitration award rendered pursuant to this Section may be
brought in the courts sitting in New York, New York, and You irrevocably submit to the
jurisdiction of such courts for the purpose of any such suit, action, proceeding or judgment. The
decision of the arbitrator shall be final and binding upon both parties, and neither party shall
seek recourse to a law court or other authority to appeal for revisions of the decision.
13. SUSPENSION AND TERMINATION
GE reserves the right to limit, suspend or terminate Your Service for cause if You or Your authorized
representatives: (a) breach this Agreement or Terms and Conditions or Privacy policy; (b) use Your
Service for any illegal purpose; (c) do not pay annual Service fee; or (d) use Your Service in a way that
negatively affects our network or other customers. Termination of this Agreement will not relieve You
of any claims against You that arise under this Agreement before the Agreement is terminated. Sections
12, 14, 15, 18, 19, 20, 21, 22, 23 and 24 shall survive the termination of this Agreement.
14. WARRANTY DISCLAIMER
GE DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE,
ACCURACY, RELIABILITY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GE
DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE IS
COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM, OR THAT THE OPERATION