EFTA Document EFTA01390397

10. ARBITRATION 1. This section of the Account Agreement contains the pre-dispute arbitration agreement between Client and 0651 and Pershing, as applicable, who agree as foNows; a. All parties to this Account Agreement (being Client, I)EISII and Pershing) are giving up the right to sue each other in court. including Lie right toe Mal by jury, except as provided by the rules of the arbitration forum in which a claim is filed, er as ',Inhibited by Applicable Law: b. Arbitration awards are ger orally final and binding; a parry's ability to have a COIR7 reverse or modify an arbitration award is very limited; c. The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than io court proceedings; d. The arbitrators do not have to explain the rescon(s) for their award, unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date; e. The panel of arbitrators will typically include a minority ot arbitrators who were or are affiliated with the securities industry; f. The rules of settle arbitration forums may impose time limits nit bringing a claim in arbitration. In somn cases, a claim that is ineligible for arbitration ntey be brought in court; and g. The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Account Agreement 2. Subject to the preceding disclosure, Client egress to arbitrate any controversies or disputes that may Mese with DBSI or Pershing, whether based on events occurring prior to. on a subsequent to the date of this Account Agreement, and includieg city cootroveray arising out of or relating to any Account with DBSI, the construction, performance or breach of any agreement. or any duty arising from any agreement or other relationship with DBSI, to transactions with or through DBSI, or any controversy as to whether any issue is amitrable. Any eibifratioe onder this Account Agreement shall be deterreined only before an arbitration panel set up by FINRA in accordance with as arbitration procedures or en exchange of which DBSI isb member in accordance with the rules of that particular regulatory agency then in effect. Chem may elect in the lira instance whether arbitratiOn shell be by FINRA or a specdic national securities exchange of which DOSS is a member, but failure to make such Section by registered letter to Deutsche Bank Secontiee Inc., Cniepiance Department - Attention: Director of Compliance, 60 Wall Street. 23rd Floor. Mall Stop NYC60-2330, New York. NY 10006-2936 within five days atter receipt of a written request from DBSI for such election, gives DRS' the right to erect the arbitration forum that will have jurisdiction over trio dispute. Judgnient upon arbitration etvarde may be entered in any court, state or federal, having jurisdiction. My arbitration under this Account Agreement will be conducted pursuant to the Federal Arbitration Act and the laws of the State of New York. 3. Neither OBSI, Pershing nor Client(s) waive any right it, seek equitable Follett:bending arbitration. No person shall bring a putative or certified mess aotien to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who hes initiated in court a putative class actin or whd is a member of a putative lass who hat: not opted out of the class with respect to any claims encompassed by the pulativo class action until: (a) the class certification is denied, or lb) the class Is decertified. or ICI the Client is excluded from the class by the court. Such forbearance tn enforce an agreement tocarbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein. [THIS SPACE INTENTIONALLY LEFT BL OAK] 13.AWM4198 5 O1I145.032813 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0094895 CONFIDENTIAL SDNY_GM_00241079 EFTA01390397