Motorola i305 - Manual (Page 121)

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INFORMATION CONCERNING ARBITRATION
PROCEDURES AND FEES CAN BE FOUND BY
CALLING THE AAA AT 1-800-778-7879 OR
VISITING ITS WEBSITE AT http://www.adr.org.
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