Sirius Satellite Radio SIRIUS STILETTO 2 Model SLV2 - Manual (Page 125)

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Additional Information
(d) Upon any termination of this EULA, you shall immediately discontinue use of the Software and shall within three
days return to SIRIUS, or certify destruction of, all full or partial copies of the Software, documentation and related
materials provided by SIRIUS. Your obligation to pay accrued charges and fees shall survive any termination of this
License Agreement.
(e) Except for the license granted in paragraph 1, the terms of this EULA shall survive termination under this
paragraph 9.
10. RESOLVING DISPUTES. In order to expedite and control the cost of disputes, you agree that any legal equitable
claim (a “Claim”) relating to the Software, the Documentation and/or this EULA, will be resolved as follows:
(a) Informal Resolution. You and SIRIUS will first try to resolve any Claim informally. Accordingly, neither you nor
SIRIUS may start a formal proceeding (except for Claims described in Section 10(d)) for at least 60 days after one of
us notifies the other of a Claim in writing. To initiate a Claim, you must send notice by U.S. mail to: SIRIUS Satellite
Radio Inc., 1221 Avenue of the Americas, 36th Floor, New York, New York 10020, Attention: General Counsel. If SIRIUS
initiates a Claim, notice will be sent to your address on file with SIRIUS.
(b) Formal Resolution. Except as provided in Section 10(d), if you and SIRIUS cannot resolve a Claim informally, any
Claim either of you or SIRIUS asserts will be resolved only by binding arbitration. The arbitration will be conducted
under the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”) that are in effect
at the time the arbitration is initiated and under the rules set forth in this EULA. If there is a conflict between the
AAA Rules and this EULA, this EULA will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY
TRIAL. If you initiate an arbitration, you agree to pay a fee of $125 or, if less and you notify SIRIUS in writing, the
amount that you would pay to initiate a lawsuit against SIRIUS in the appropriate court of your state. SIRIUS agrees
to pay any additional fee or deposit required by the American Arbitration Association in excess of your filing fee.
SIRIUS also agrees to pay the costs of the arbitration proceeding up to a maximum of one-half day (four hours) of
hearings. Other fees, such as attorney’s fees, expenses, travel to the arbitration and the costs of a proceeding that
goes beyond one-half day, will be paid in accordance with the AAA Rules. The arbitration will be held at a location
within 100 miles of your residence unless you and SIRIUS both agree to another location. To start the arbitration, you
or SIRIUS must do the following things:
(i) Write a demand for arbitration. The demand must include a description of the Claim and the amount of damages
sought to be recovered;
(ii) Send three copies of the demand for arbitration plus the appropriate filing fee to: American Arbitration
Association, 601 Pennsylvania Avenue, N.W., Suite 700, Washington, D.C. 20004; and
(iii) Send one copy of the demand for arbitration by U.S. mail to SIRIUS Satellite Radio Inc., 1221 Avenue of the
Americas, 36th Floor, New York, New York 10020, Attention: General Counsel, or to your address on file with SIRIUS
(if SIRIUS starts the arbitration).
(c) Binding Effect. In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be
challenged if the arbitrator fails to do so. The arbitrators shall not have the power, jurisdiction or authority to
waive, amend and/or modify any of the terms or provisions of this EULA. The arbitrators shall enforce this EULA in
accordance with its terms and provisions.