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ANYARBITRATION SHALL BE CONDUCT ED BY
ASINGLE NEU TRAL ARBITRATOR. CUSTOM ER
AND NEXTEL SHALL COOPERATE IN GOOD
FAITH TO SELECT THE ARBITRATOR WITH IN
THIRTY(30) CALENDAR DAYS OF THE
COMMENCEMENTOF A NY ARBITRATION
PROCEEDING.IF CUSTOMER ANDNEXTEL
CANNOTAGREE UPON ANEUTRAL
ARBITRATOR WITHIN THE THIRTY DAY
PERIOD, THEN EITHER PARTY MAY REQUEST
THAT THE AAA APPOINT, IN ITS SOLE
DISCRETION,A NEUTRALARBITRATOR.
CUSTOMERAND NEXTELFURTHER 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
BEFINAL AND BINDING, ANDJUDGMENT ON
THEAWARD RENDERED BY THE ARBITRATOR
MAYBE E NTERED IN ANY COURT HAVING
JURISDICTION.THE LAW THAT IS AP PLIED TO
THISAGREEM ENT ALSO SHALL BE APPLIED IN
ANYAR BITRATION PROCEEDING. UNLESS
THECUSTOM ER AND NEXTEL OTHERWISE
AGREE,ANY ARB ITRATIONS HALL BE
CONDUCTEDI N THE COUNTY SEAT OF THE
COUNTYIN WHI CH CUSTOMER'S BILLING
ADDRESSIS L OCATED. ALL ADMINISTRATIVE
COSTSA ND FEES OF ARBITRATION SHALL BE
BORNEEQUALLY BY CUSTOMER AND
NEXTEL, EXCEPT IF THE CLAIM IS LESS THAN
$1000,CUSTOMER WILL BE OBLIGATEDTO
PAYO NLY $25. FOR CLAIMS OVER $1,000 BUT
UNDER$75,000, CUST OMER WILL BE
REQUIRED TO PAY ITS SHARE OF
ARBITRATION FEES, BUT NO MORE THAN THE
EQUIVALENTCOURT FILING FEEFOR A
COURTACTION FILED IN THE JURIS DICTION
WHERECUSTOMER' S BILLING ADDRESS IS
LOCATED.CUSTOM ER AND NEXTEL SHALL
EACH BEAR THE EXPENSES OF THEIR OWN
COUNSEL, EXPERTS, WITNESSES AND THE
PREPARATION AND PRESENTATION OF
EVIDENCEIN CONNECTION WITH ANY
ARBITRATION.
Waiverof Jury Trial andClass Actions - BY
ENTERING INTO THIS AGREEMENT,
CUSTOMER AND NEXTEL ACKNOWLEDGE
AND AGREE TO WAIVE CERTAIN RIGHTS TO
LITIGATE DISPUTES IN COURT, TO RECEIVE A
JURYTRIAL OR TO PARTICIPATE AS A
PLAINTIFF OR AS A CLASS MEMBER IN ANY
CLAIMON A CL ASS OR CONSOLIDATED BASIS
OR INA REPRES ENTATIVE CAPACITY.
CUSTOMERAND NEXTELBOTH AGREE T HAT
ANYARBITRATION WILL B E CONDUCTED ON
ANINDIVIDUAL AND NOTON A