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ARBITRATION PROCEEDING. IF CUSTOMER AND SPRINT
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 SPRINT 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 SPRINT 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
SPRINT, 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 SPRINT 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 SPRINT 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 SPRINT BOTH AGREE THAT ANY ARBITRATION
WILL BE CONDUCTED ON AN INDIVIDUAL AND NOT ON A
CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND
THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL
BASIS, THIS SECTION 16 SHALL BE DEEMED NULL AND VOID. THE
ARBITRATOR MAY AWARD 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. IF FOR ANY REASON THE
ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS