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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.
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.
Section 5B: Terms and Conditions
339
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