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Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon receipt of
your written demand for arbitration, LG will promptly pay all arbitration filing fees to
the AAA unless you seek more than $25,000 in damages, in which case the payment
of these fees will be governed by the AAA Rules. Except as otherwise provided for
herein, LG will pay all AAA filing, administration and arbitrator fees for any arbitration
initiated in accordance with the AAA Rules and this arbitration provision. If you prevail
in the arbitration, LG will pay your attorneys' fees and expenses as long as they are
reasonable, by considering factors including, but not limited to, the purchase amount
and claim amount. Notwithstanding the foregoing, if applicable law allows for an award
of reasonable attorneys' fees and expenses, an arbitrator can award them to the same
extent that a court would. If the arbitrator finds either the substance of your claim or
the relief sought in the demand is frivolous or brought for an improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the
payment of all arbitration fees will be governed by the AAA Rules. In such a situation,
you agree to reimburse LG for all monies previously disbursed by it that are otherwise
your obligation to pay under the AAA Rules. Except as otherwise provided for, LG waives
any rights it may have to seek attorneys' fees and expenses from you if LG prevails in
the arbitration.
Hearings and Location. If your claim is for $25,000 or less, you may choose to have the
arbitration conducted solely on the basis of (1) documents submitted to the arbitrator,
(2) through a telephonic hearing, or (3) by an in-person hearing as established by the
AAA Rules. If your claim exceeds $25,000, the right to a hearing will be determined by
the AAA Rules. Any in-person arbitration hearings will be held at a location within the
federal judicial district in which you reside unless we both agree to another location or
we agree to a telephonic arbitration.
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