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16.DISPUTE RESOLUTION - THIS SECTION PROVIDES FOR THE
RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH
ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS.
CUSTOMER SHOULD READ THIS SECTION CAREFULLY;
ARBITRATION IS FINAL, BINDING AND SUBJECT TO ONLY VERY
LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING
DISPUTES SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Mandatory Arbitration - CUSTOMER AND SPRINT AGREE TO
ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING
UNDER OR RELATED TO THIS AGREEMENT OR ANY EQUIPMENT
USED IN CONNECTION WITH THE SERVICE (OR ANY PRIOR ORAL
OR WRITTEN AGREEMENT FOR WIRELESS SERVICE WITH SPRINT
OR NEXTEL) EXCEPT THAT CUSTOMER OR SPRINT MAY BRING
AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. CUSTOMER
AND SPRINT ACKNOWLEDGE THAT THIS AGREEMENT
EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND
THAT THE FEDERAL ARBITRATION ACT SHALL GOVERN THE
INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION
PROVISION. TO INITIATE ARBITRATION, CUSTOMER OR SPRINT
MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO
THE OTHER PARTY INDICATING ITS INTENT TO ARBITRATE,
WHICH NOTICE SHALL INCLUDE: (1) A DESCRIPTION OF THE
FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND
(3) THE RELIEF SOUGHT ("NOTICE TO ARBITRATE"). SEND
NOTICE TO ARBITRATE TO: SPRINT GENERAL COUNSEL,
ARBITRATION OFFICE, 2001 EDMUND HALLEY DRIVE, RESTON,
VIRGINIA 20191. BOTH PARTIES AGREE TO MAKE REASONABLE
ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; 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
