Sanyo RL7300 User Manual

Page 244

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An appeal may be taken under the CPR Arbitration Appeal Procedure from any final

award of any arbitral panel in any arbitration arising out of or related to this

agreement that is conducted in accordance with the requirements of such Appeal

Procedure. Unless otherwise agreed by the parties and the appeal tribunal, the

appeal shall be conducted at the place of the original arbitration.

If any party files a judicial or administrative action asserting a claim that is subject to

arbitration and another party successfully stays such action or compels arbitration,

the party filing that action must pay the other party’s costs and expenses incurred

in seeking such stay or compelling arbitration, including attorney’s fees.

Notices.

You may get our current address for written notice by calling PCS Customer

Service Solutions. Written notice to you is sent to your last known address in our

invoicing records. Written notice is effective three days after deposit in the U.S.

mail, postage prepaid, and properly addressed. Unless required by this Agreement

or Applicable Laws, (1) you may notify us by calling PCS Customer Service Solutions,

and (2) we may notify you by leaving a message for you on your PCS Phone,

answering machine or with your answering service. Notice addresses may be

changed by giving notice as provided in this section.

Choice of Law; Jurisdiction.

This Agreement is governed by and must be construed

under federal law and the laws of the State of Kansas, without regard to choice of

law principles.

General.

If either of us does not enforce any right or remedy available under this

Agreement, that failure is not a waiver of the right or remedy for any other breach or

failure by the other party. Our waiver of any requirement in any one instance is not a

general waiver of that requirement and does not amend this Agreement. This

Agreement is subject to any applicable federal and state law (collectively,

“Applicable Laws”). If any part of this Agreement is held invalid or unenforceable,

that part is interpreted consistent with Applicable Laws as nearly as possible to

reflect the original intentions of the parties and the rest of this Agreement remains in

full force and effect. Section headings are for descriptive purposes only and are not

used to interpret this Agreement. You may not assign this Agreement to any other

person or entity without our prior written approval. This Agreement (including any

referenced documents and attachments) makes up the entire agreement between

you and us and replaces all prior written or spoken agreements, representations,

promises or understandings between you and us. The provisions of this Agreement

that are contemplated to be enforceable after the termination of this Agreement

survive termination of this Agreement. If there is a conflict, the Service Plan

(including any Term Service Plan) controls over the Terms.

Section 4B: Terms & Conditions / Warranty

233

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