NDD EasyOne Pro Operator's Manual page 148

Appendix
Operator's Manual V5.0 • EasyOne Pro/LAB Rev. 05
© ndd Medizintechnik AG • Technoparkstrasse 1, 8005 Zurich, Switzerland • www.ndd.ch
arbitrator's fees and expenses. If you reject the ndd
Medizintechnik AG's last written settlement offer made before the
arbitrator was appointed ("last written offer"), your dispute goes
all the way to an arbitrator's decision (called an "award"), and the
arbitrator awards you more than the last written offer, ndd
Medizintechnik AG will give you three incentives: (1) pay the
greater of the award or $1,000; (2) pay twice your reasonable
attorney's fees, if any; and (3) reimburse any expenses (including
expert witness fees and costs) that your attorney reasonably
accrues for investigating,preparing, and pursuing your claim in
arbitration. The arbitrator will determine the amounts.
ii. Disputes involving more than $75,000. The AAA rules will govern
payment of filing fees and the AAA's and arbitrator's fees and
expenses.
iii. Disputes involving any amount. In any arbitration you commence,
ndd Medizintechnik AG will seek its AAA or arbitrator's fees and
expenses, or your filing fees it reimbursed, only if the arbitrator
finds the arbitration frivolous or brought for an improper purpose.
In any arbitration ndd Medizintechnik AG commences, it will pay
all filing, AAA, and arbitrator's fees and expenses. It will not seek
its attorney's fees or expenses from you in any arbitration. Fees
and expenses are not counted in determining how much a dispute
involves.
h. Claims or disputes must be filed within one year. To the extent
permitted by law, any claim or dispute under this agreement to which
Section 2 applies must be filed within one year in small claims court
(Section 2.c) or in arbitration (Section 2.d). The one-year period
begins when the claim or dispute first could be filed. If such a claim or
dispute is not filed within one year, it is permanently barred.
i. Severability. If the class action waiver in Section 2.e is found to be
illegal or unenforceable as to all or some parts of a dispute, then
Section 2 will not apply to those parts. Instead, those parts will be
severed and proceed in a court of law, with the remaining parts
proceeding in arbitration. If any other provision of Section 2 is found
to be illegal or unenforceable, that provision will be severed with the
remainder of Section 2 remaining in full force and effect.
j. Third-Party Beneficiary. Microsoft Corporation is not a party to this
agreement but is a third-party beneficiary of your and the ndd
Medizintechnik AG's agreement to resolve disputes through informal
negotiation and arbitration. If your dispute is with Microsoft,
Microsoft agrees to do everything ndd Medizintechnik AG agrees to
do in Section 2, and you agree to do everything regarding Microsoft
that Section 2 requires you to do regarding ndd Medizintechnik AG.
Mail a Notice of Dispute with Microsoft to Microsoft Corporation,
ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-
6399. You may commence an arbitration or small claims court case
against Microsoft in your county of residence or King County,
Washington.
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