LG P506 - Manual (Page 33)

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as to the payment and reimbursement of fees, expenses, and the alternative
payment and the attorney premium at any time during the proceeding and
upon request from either party made within 14 days of the arbitrator’s ruling
on the merits.
(5) The right to attorneys’ fees and expenses discussed in paragraph (4)
supplements any right to attorneys’ fees and expenses you may have under
applicable law. Thus, if you would be entitled to a larger amount under the
applicable law, this provision does not preclude the arbitrator from awarding
you that amount. However, you may not recover duplicative awards of
attorneys’ fees or costs. Although under some laws AT&T may have a right to
an award of attorneys’ fees and expenses if it prevails in an arbitration, AT&T
agrees that it will not seek such an award.
(6) The arbitrator may award declaratory or injunctive relief only in favor of
the individual party seeking relief and only to the extent necessary to
provide relief warranted by that party’s individual claim. YOU AND AT&T
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and AT&T agree otherwise, the
arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding. If
this specific provision is found to be unenforceable, then the entirety of this
arbitration provision shall be null and void.
(7) Notwithstanding any provision in this Agreement to the contrary, we agree
that if AT&T makes any future change to this arbitration provision (other than
a change to the Notice Address) during your Service Commitment, you may
reject any such change by sending us written notice within 30 days of the
change to the Arbitration Notice Address provided above. By rejecting
any such change, you are agreeing that you will arbitrate any dispute
between us in accordance with the language of this provision.
MISCELLANEOUS: This Agreement, any applicable rate summary
sheet, the terms included in the rate brochure(s) describing your plan
and services, terms of service for products and services not otherwise
described in this Agreement or the brochure that are posted on an AT&T
website and any documents expressly referred to herein or therein, make
up the complete agreement between you and AT&T, and supersede any
and all prior agreements and understandings relating to the subject
Terms
of
Servic
e
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