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Section 4B: Terms & Conditions / Warranty 154
parties agree otherwise. All expedited procedures prescribed by the applicable
rules will apply. We agree to pay our respective arbitration costs, except as
otherwise required by rules of JAMS or NAF, as applicable, but the arbitrator can
apportion these costs as appropriate. The arbitrator's decision and award is final
and binding, and judgment on the award may be entered in any court with
jurisdiction.
If any party files a judicial or administrative action asserting a claim that is subject
to arbitration and another party successfully stays such action or compels
arbitration, the party filing that action must pay the other party's costs and
expenses incurred in seeking such stay or compelling arbitration, including
attorneys' fees.
If any portion of this Mandatory Arbitration of Disputes section is determined to
be invalid or unenforceable, the remainder of the Section remains in full force and
effect.
Miscellaneous. You may notify us by calling us at 1-888-211-4PCS, or use that
number to get our current address for written notice. We may send you notice to
your last known address in our invoicing records, or by calling leaving you a voice
message on your wireless device or home phone. Properly addressed written
notice is effective three days after deposit in the U.S. mail, postage prepaid. This
Agreement is governed by and must be construed under federal law and the laws
of the State of Kansas, without regard to choice of law principles. If either of us
waives or fails to enforce any requirement under this Agreement in any one
instance, that does not waive our right to later enforce that requirement. If any
part of this Agreement is held invalid or unenforceable, the rest of this Agreement
remains in full force and effect. Section headings are for descriptive, non-
interpretive purposes only. You may not assign this Agreement to any other
person or entity without our prior written approval. This Agreement (including
any referenced documents and attachments) makes up the entire agreement
between us and replaces all prior written or spoken agreements.