Common use of DISPUTE RESOLUTION BY BINDING ARBITRATION Clause in Contracts

DISPUTE RESOLUTION BY BINDING ARBITRATION. Within ninety (90) days of TruckPro’s receipt of the owner’s/purchaser’s notice required pursuant to this Agreement, should the Product owner/purchaser and TruckPro be unable to reach an agreeable resolution on any question(s) regarding the applicability of this limited warranty and/or any final determination by TruckPro regarding any claim submitted pursuant to this limited warranty, then all parties agree that binding arbitration (as discussed in greater detail below) shall serve as the exclusive method for resolving such disputes. After the expiration of the 90 day time period listed above, the parties agree that any unresolved claim made or asserted by an owner/purchaser of a Product covered by the TruckPro Limited Warranty against TruckPro or an authorized seller of a Product covered by the Limited Warranty arising out of, in connection with, or relating in any way whatsoever to the Limited Warranty or the sale or performance of a Product covered by the Limited Warranty must be resolved by binding arbitration and that no claims or lawsuits regarding the Product or any warranty related to the Product can be initiated in any municipal, county, state, federal, or any other court of general jurisdiction. The parties acknowledge that the purchase of any Product eligible for a Limited Warranty involves interstate commerce. The parties agree that arbitration shall be conducted pursuant to the provisions of the Federal Arbitration Act, 9 U.S.C. Sec. 1 et seq., and administered under the Commercial Dispute Resolution Procedures established by the American Arbitration Association (“AAA”). The parties agree that should a dispute arise regarding the scope of this arbitration provision, the question of scope shall be delegated to the arbitrator(s) for determination. Each party shall bear its costs associated with the arbitration, including its attorney’s fees, and the parties shall share equally the fees and expenses of arbitration and the arbitrator(s), except that the arbitrator(s) shall have the power to apportion the ultimate responsibility for all AAA fees in the final award. The arbitration proceedings and results are to remain confidential and are not to be disclosed without the written agreement of all parties, except to the extent necessary to effectuate the decision or award of the arbitrator(s) or as otherwise required by law.

DISPUTE RESOLUTION BY BINDING ARBITRATION. Within ninety NT SPARK, LLC and Subscriber agree to resolve all disputes and claims between NT SPARK, LLC (90including NT SPARK, LLC’s Parties as defined herein) days of TruckPro’s receipt of and Subscriber related to or associated with the owner’s/purchaser’s notice required pursuant to this Agreement, should the Product owner/purchaser and TruckPro be unable to reach an agreeable resolution on any question(s) regarding the applicability of this limited warranty and/or any final determination by TruckPro regarding any claim submitted pursuant to this limited warranty, then all parties agree that Service through binding arbitration (as discussed in greater detail below) shall serve as the exclusive method for resolving such disputes. After the expiration of the 90 day time period listed above, the parties agree that any unresolved claim made or asserted by an owner/purchaser of a Product covered by the TruckPro Limited Warranty against TruckPro or an authorized seller of a Product covered by the Limited Warranty arising out of, in connection with, or relating in any way whatsoever to the Limited Warranty or the sale or performance of a Product covered by the Limited Warranty must be resolved by binding arbitration and that no claims or lawsuits regarding the Product or any warranty related to the Product can be initiated in any municipal, county, state, federal, or any other court of general jurisdiction. The parties acknowledge that the purchase of any Product eligible for a Limited Warranty involves interstate commerce. The parties agree that arbitration shall be conducted pursuant to the provisions of the Federal Arbitration Act, 9 U.S.C. Sec. 1 et seq., and administered under the Commercial Dispute Resolution Procedures established by the American Arbitration Association (“"AAA”"). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to all claims or disputes arising out of or relating to any to any aspect of the relationship between NT SPARK, LLC and Subscriber, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It also includes all claims and disputes that arose before this or any prior agreement; claims that are currently the subject of purported class action litigation in which Subscriber is not a member of a certified class; and claims that may arise after the termination or cancellation of this Agreement. Notwithstanding the foregoing agreement, NT SPARK, LLC is not bound to use arbitration to initiate debt collection against Subscriber except in response to claims Subscriber may have made in arbitration. In addition, by agreeing to resolve disputes through arbitration, SUBSCRIBER AND NT SPARK, LLC AGREE TO UNCONDTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AS A PLAINTIFF OR CLASS MEMBER. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). A Notice to NT SPARK, LLC should be addressed to: NT SPARK, LLC Notice of Dispute PO Box 609 Houston, MS 38851 A Notice must include the Subscriber’s name, account number, address, and telephone number, and must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). A Notice to Subscriber from NT SPARK, LLC will be addressed to the billing address that NT SPARK, LLC has on file for Subscriber. If NT SPARK, LLC and Subscriber do not reach an agreement to resolve the claim within 45 days after the Notice is received, Subscriber or NT SPARK, LLC may commence an arbitration proceeding. The parties agree arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the AAA, as modified by this Agreement, and will be administered by the AAA or as mutually agreed to, in writing, by the Subscriber and NT SPARK, LLC. The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide, except that should a dispute arise regarding issues relating to the scope and enforceability of this the arbitration provisionprovision are for a court to decide. Unless NT SPARK, LLC and Subscriber agree otherwise, any arbitration hearings will take place in Chickasaw County, MS. The right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the question of scope arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision shall be delegated to the arbitrator(s) for determinationfinal and legally binding and judgment may be entered thereon. Each party shall bear be responsible for its costs associated share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including its a reasonable attorney’s fees, and 's fee for having to compel arbitration or defend or enforce the parties shall share equally the fees and expenses of arbitration and the arbitrator(s), except that the arbitrator(s) shall have the power to apportion the ultimate responsibility for all AAA fees in the final award. The arbitration proceedings and results are to remain confidential and are not to be disclosed without the written agreement of all parties, except to the extent necessary to effectuate the decision or award of the arbitrator(s) or as otherwise required by law.