CLASS ACTION WAIVER: Customer and Company agree that under no circumstances, whether in arbitration or otherwise, may customer bring any claim against the Company, or allow any claim that the Customer may have against the Company to be asserted, as part of a class action, on a consolidated or representative basis or otherwise aggregated with claims brought by, or on behalf of, any other entity or person, including other customers of the Company.</li> <li>EXCLUDED CLAIMS: The following are not subject to mandatory binding arbitration: (A) either party’s claims against the other in connection with bodily injury or real property damage and for environmental indemnification.