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Nextel National Network General Terms and Conditions
HOWEVER, IF THE PARTIES CANNOT
RESOLVE THE DISPUTE WITHIN FORTY-FIVE
(45) DAYS OF RECEIPT OF NOTICE TO
ARBITRATE, THEN AN ARBITRATION CLAIM
MAY COMMENCE. ANY ARBITRATION
INITIATED UNDER THIS AGREEMENT SHALL
BE ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION ("AAA") IN
ACCORDANCE WITH ITS WIRELESS INDUSTRY
ARBITRATION RULES (AND THE AAA
SUPPLEMENTAL PROCEDURES FOR
CONSUMER RELATED DISPUTES AS THEY
MAY BE APPLICABLE), AS MODIFIED BY THIS
AGREEMENT. INFORMATION CONCERNING
THE AAA, ITS WIRELESS INDUSTRY
ARBITRATION RULES AND OTHER
INFORMATION CONCERNING ARBITRATION
PROCEDURES AND FEES CAN BE FOUND BY
CALLING THE AAA AT 1-800-778-7879 OR
VISITING ITS WEBSITE AT http://www.adr.org.
ANY ARBITRATION SHALL BE CONDUCTED BY
A SINGLE NEUTRAL ARBITRATOR. CUSTOMER
AND SPRINT SHALL COOPERATE IN GOOD
FAITH TO SELECT THE ARBITRATOR WITHIN
THIRTY (30) CALENDAR DAYS OF THE
COMMENCEMENT OF ANY ARBITRATION
PROCEEDING. IF CUSTOMER AND SPRINT
CANNOT AGREE UPON A NEUTRAL
ARBITRATOR WITHIN THE THIRTY DAY
PERIOD, THEN EITHER PARTY MAY REQUEST
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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
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