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I 25. Arbitration and Waiver of Jury Trial Any claim or controversy ("Controversy") between you and us, whether arising in contract or tort or by statute including, but not limited to, Controversy resulting from or relating to this Agreement, will, upon the request of either party, be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, US Code). Arbitration proceedings will be conducted in accordance with the applicable rules for the arbitration of disputes of JAMS or any successor thereof. The arbitration will be conducted in California, or if Arbitration in California would not be reasonable for you, then in a state convenient to you and us. The arbitration hearing will commence within 90 days of the demand for arbitration and close within 90 days of commencement, and any award, which may include legal fees, will be issued (with a brief written statement of the reasons therefor) within 30 days of the close of the hearing. Any dispute concerning whether a Controversy is arbitrable or barred by the statute of limitations will be determined by the arbitrator. This arbitration provision is not intended to limit the right of any party to exercise self-help remedies, to seek and obtain interim or provisional relief of any kind, or to initiate judicial or nonjudicial foreclosure against any real or personal property collateral. By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in respect of any Controversy. Furthermore, if for any reason a Controversy is not arbitrated, the parties irrevocably and voluntarily agree to waive any right to a trial by jury in respect of such Controversy. 26. General Provisions 26.1 Applicable Law. This Agreement will be governed by and construed under California law without reference to conflicts of law provisions, regardless of where you may conduct business. 26.2 Notices. All notices required by this Agreement must be in writing, and will be effective when delivered to us at our address shown below, and to you at your address to which your account statement is mailed, if you have made arrangements with us to mail the statement, or at such other address as one party may provide by written notice to the other party. Any address you designate also will be the address to which your account statements are mailed. Our address for all notices required by this Agreement is: Bank of America, N.A. Merchant Services CA5-70 2-05-11 PO Box 37000 San Francisco, CA 94137 I 21 I