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Severability. If any part of this settlement to arbitrate is found by a court docket of competent jurisdiction to be unenforceable, the courtroom will reform the settlement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) regardless of or reliance upon the unenforceable part(s). However, if for any motive the Class Motion Waiver set forth under in subsection 14.2.c cannot be enforced as to some or all of the Dispute, then the settlement to arbitrate won’t apply to that Dispute or portion thereof. Any Disputes coated by any deemed unenforceable Class Action Waiver provision could only be litigated in a courtroom of competent jurisdiction, however the the rest of the settlement to arbitrate might be binding and enforceable. To avoid any doubt or uncertainty, the parties don’t agree to class arbitration or to the arbitration of any claims introduced on behalf of others.
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Settlement Presents. We might, however usually are not obligated to, make a written settlement supply anytime earlier than or throughout arbitration. The quantity or phrases of any settlement supply might not be disclosed to the arbitrator except and till the arbitrator points an award on the claim. If you don’t accept the offer and the arbitrator awards you an amount of money that is more than our provide however less than $5,000, we conform to: (a) pay you $5,000 as an alternative of the lower quantity awarded, (b) pay your affordable attorney’s charges and prices, and (c) reimburse any arbitration filing fees and arbitrator fees and bills incurred in reference to the arbitration of your Dispute. If the arbitrator awards you greater than $5,000 and we aren’t difficult the award, then we pays you the amount of the award.