Nextel comm IDEN H69XAH6RR1AN - Manual (Page 127)

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ANY ARBITRATION SHALL BE CONDUCTED BY
A SINGLE NEUTRAL ARBITRATOR. CUSTOMER
AND NEXTEL SHALL COOPERATE IN GOOD
FAITH TO SELECT THE ARBITRATOR WITHIN
THIRTY (30) CALENDAR DAYS OF THE
COMMENCEMENT OF ANY ARBITRATION
PROCEEDING. IF CUSTOMER AND NEXTEL
CANNOT AGREE UPON A NEUTRAL
ARBITRATOR WITHIN THE THIRTY DAY
PERIOD, THEN EITHER PARTY MAY REQUEST
THAT THE AAA APPOINT, IN ITS SOLE
DISCRETION, A NEUTRAL ARBITRATOR.
CUSTOMER AND NEXTEL FURTHER AGREE
THAT NO ARBITRATOR SHALL HAVE THE
AUTHORITY TO AWARD ANY RELIEF OR
REMEDY IN EXCESS OF OR CONTRARY TO
WHAT IS PROVIDED IN THIS AGREEMENT,
EXCEPT WHERE SUCH PROVISION IS NOT
PERMITTED UNDER APPLICABLE LAW. THE
ARBITRATOR'S DECISION AND AWARD SHALL
BE FINAL AND BINDING, AND JUDGMENT ON
THE AWARD RENDERED BY THE ARBITRATOR
MAY BE ENTERED IN ANY COURT HAVING
JURISDICTION. THE LAW THAT IS APPLIED TO
THIS AGREEMENT ALSO SHALL BE APPLIED IN
ANY ARBITRATION PROCEEDING. UNLESS
THE CUSTOMER AND NEXTEL OTHERWISE
AGREE, ANY ARBITRATION SHALL BE
CONDUCTED IN THE COUNTY SEAT OF THE
COUNTY IN WHICH CUSTOMER'S BILLING ADDRESS IS LOCATED. ALL ADMINISTRATIVE
COSTS AND FEES OF ARBITRATION SHALL BE
BORNE EQUALLY BY CUSTOMER AND
NEXTEL, EXCEPT IF THE CLAIM IS LESS THAN
$1000, CUSTOMER WILL BE OBLIGATED TO
PAY ONLY $25. FOR CLAIMS OVER $1,000 BUT
UNDER $75,000, CUSTOMER WILL BE
REQUIRED TO PAY ITS SHARE OF
ARBITRATION FEES, BUT NO MORE THAN THE
EQUIVALENT COURT FILING FEE FOR A
COURT ACTION FILED IN THE JURISDICTION
WHERE CUSTOMER'S BILLING ADDRESS IS
LOCATED. CUSTOMER AND NEXTEL SHALL
EACH BEAR THE EXPENSES OF THEIR OWN
COUNSEL, EXPERTS, WITNESSES AND THE
PREPARATION AND PRESENTATION OF
EVIDENCE IN CONNECTION WITH ANY
ARBITRATION.
Waiver of Jury Trial and Class Actions - BY
ENTERING INTO THIS AGREEMENT,
CUSTOMER AND NEXTEL ACKNOWLEDGE
AND AGREE TO WAIVE CERTAIN RIGHTS TO
LITIGATE DISPUTES IN COURT, TO RECEIVE A
JURY TRIAL OR TO PARTICIPATE AS A
PLAINTIFF OR AS A CLASS MEMBER IN ANY
CLAIM ON A CLASS OR CONSOLIDATED BASIS
OR IN A REPRESENTATIVE CAPACITY.
CUSTOMER AND NEXTEL BOTH AGREE THAT
ANY ARBITRATION WILL BE CONDUCTED ON
AN INDIVIDUAL AND NOT ON A