Sprint Nextel C201 - Manual (Page 86)

Section 7
82 Terms and Conditions & Warranty Information
applicable. All expedited procedures prescribed by the applicable rules
will apply. Any required hearing fees and costs shall be paid by the parties
as required by the applicable rules or as required by applicable law, but
the arbitrator shall have the power to apportion such costs as the
arbitrator deems appropriate.
The arbitrator's decision and award will be final and binding, and
judgment on the award rendered by the arbitrator may be entered in any
court with jurisdiction.
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 deemed
delivered 3 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. You agree to submit yourself to
the personal jurisdiction of the courts in the State of Kansas.
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. 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