118
Nextel®Termsand Conditionsof Service
ANDCLASS ACTIONS. CUSTO MER SHOULD
READ THIS SECTION CAREFULLY;
ARBITRATION IS FINAL, BINDING AND
SUBJECT TO ONLY VERY LIMITED REVIEW BY
ACOURT.THIS SECTION GOVERNING
DISPUTESSHALL SURVIVE TERM INATIONOF
THISA GREEMENT.
Mandatory Arbitration -C USTOMER AND
NEXTELAGREE TO ARBITRATE ANY CLAIM,
CONTROVERSYOR DISPUTE ARISING UNDER
ORRELATED TO THIS AGREEMENT OR ANY
EQUIPMENTUSED IN CONNECTION WITHTHE
SERVICE(OR ANY PRIOR ORAL OR WRITTEN
AGREEMENT FOR WIRELESS SERVICE WITH
NEXTEL) EXCEPT THAT CUSTOMER OR
NEXTELMAY BRING AN INDIVIDUAL ACTION IN
SMALLCLAIMS COURT. CUSTOMERAND
NEXTELACKNOWLEDGE THAT T HIS
AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATECOMMERCE AND THATTHE
FEDERALARBITRATION ACT SHALL GOVERN
THEINTERPREATION AND ENFORCEMENT OF
THISA RBITRATION PROVISION. TO INIT IATE
ARBITRATION, CUSTOMER OR NEXTEL MUST
FIRST SEND A WRITTEN NOTICE, VIA
CERTIFIED MAIL, TO THE OTHER PARTY
INDICATINGITS INTENT TO AR BITRATE,
WHICHNOTICE SHALLINCLUDE:(1) A
DESCRIPTIONOF THEFACTS;(2 ) A
DESCRIPTIONOF THE NATURE OF THE
CLAIM;AND (3 )T HE RELIEF SOUGHT ("NOTICE
TOAR BITRATE"). SEND NOTICE TO
ARBITRATE TO: NEXTEL GENERAL COUNSEL,
ARBITRATIONOFFICE,2001 EDMUNDHALLEY
DRIVE, RESTON, VIRGINIA 20191. BOTH
PARTIES AGREE TO MAKE REASONABLE
ATTEMPTSTO RESOLVE ANY SUCH DISPUTE;
HOWEVER, IF THE PARTIES CANNOT
RESOLVETHE DISPUTE WITHIN FORTY-FIVE
(45)DAYS OF RECEIPT OF NOTICE TO
ARBITRATE, THEN AN ARBITRATION CLAIM
MAYCOMMENCE. ANY ARBITRATION
INITIATEDUNDER THIS A GREEMENT SHALL
BEADM INISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION ("AAA") IN
ACCORDANCEWITH ITS WIRELESS INDUSTRY
ARBITRATION RULES (AND THE AAA
SUPPLEMENTALPROCEDURES FOR
CONSUMERRELATED DISPUTESASTHEY
MAY BE APPLICABLE), AS MODIFIED BY THIS
AGREEMENT.INFORMATION CONCE RNING
THEAAA, ITS W IRELESS INDUSTRY
ARBITRATION RULES AND OTHER
INFORMATIONCONCERNING ARBITRATION
PROCEDURESAND FEES CAN BE FOUND BY
CALLINGTHE AAA AT 1-800-778-7879OR
VISITINGIT S WEBSITE AT http://www.adr.org.