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FROM BRINGING APPROPRIATE CLAIMS IN SMALL CLAIMS COURT,
BEFORE THE FEDERAL COMMUNICATIONS COMMISSION OR A
STATE PUBLIC UTILITIES COMMISSION.
YOU AND SPRINT FURTHER AGREE THAT NEITHER SPRINT NOR
YOU WILL JOIN ANY CLAIM WITH THE CLAIM OF ANY OTHER
PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER
PROCEEDING; THAT NO CLAIM EITHER SPRINT OR YOU HAS
AGAINST THE OTHER SHALL BE RESOLVED ON A CLASS-WIDE
BASIS; AND THAT NEITHER SPRINT NOR YOU WILL ASSERT A
CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE
ELSE. IF FOR ANY REASON THIS ARBITRATION PROVISION DOES
NOT APPLY TO A CLAIM, WE AGREE TO WAIVE TRIAL BY JURY.
A single arbitrator engaged in the practice of law will conduct the
arbitration. The arbitration will be filed with and the arbitrator will
be selected according to the rules of either JAMS or the National
Arbitration Forum ("NAF"), or, alternatively, as we may mutually
agree. We agree to act in good faith in selecting an arbitrator. The
arbitration will be conducted by and under the then-applicable rules
of JAMS or NAF, wherever the arbitration is filed or, if the arbitrator is
chosen by mutual agreement of the parties, the then-applicable rules
of JAMS will apply unless the 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.