Arbitration Fees and Location. If You start the arbitration, you must pay the NAM filing fee required for consumer arbitrations. In some situations, Epic will help with your fees to (hopefully) get us to a resolution quickly and fairly: If the Dispute involves $10,000 or less, Epic will pay all of the NAM filing fee, including the fee you otherwise would have been required to pay. If the above doesn’t apply to You, but You demonstrate that the arbitration filing fee will be prohibitive compared to litigation costs, Epic will pay as much of your filing fee as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation). For purposes of calculating damages under this paragraph, similar claims brought by multiple claimants represented by the same or coordinated counsel will be aggregated. In other words, if twenty people represented by the same or coordinated counsel seek $1,000 each, this will be treated for purposes of this section as a claim that seeks $20,000. Even if Epic wins the arbitration and the applicable law or the NAM Rules allow Epic to seek our portion of NAM fees from you, we won’t. The fee assistance offered above is contingent upon You bringing the arbitration claim in “good faith”. If the arbitrator finds You brought an arbitration claim against Epic for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the Rules. Filing fees Epic agrees to pay under this section NAM costs do not include your Attorneys’ fees and costs and Attorneys’ fees and NAM costs are not counted when determining how much a dispute involves.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Arbitration Fees and Location. If You start the arbitration, you must pay the NAM filing fee required for consumer arbitrations. In some situations, Epic will help with your fees to (hopefully) get us to a resolution quickly and fairly: If the Dispute involves $10,000 or less, Epic will pay all of the NAM filing fee, including the fee you otherwise would have been required to pay. If the above doesn’t apply to You, but You demonstrate that the arbitration filing fee will be prohibitive compared to litigation costs, Epic will pay as much of your filing fee as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation). For purposes of calculating damages under this paragraph, similar claims brought by multiple claimants represented by the same or coordinated counsel will be aggregated. In other words, if twenty people represented by the same or coordinated counsel seek $1,000 each, this will be treated for purposes of this section as a claim that seeks $20,000. Even if Epic wins the arbitration and the applicable law or the NAM Rules allow Epic to seek our portion of NAM fees from you, we won’t. The fee assistance offered above is contingent upon You bringing the arbitration claim in “good faith”. If the arbitrator finds You brought an arbitration claim against Epic for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the Rules. Filing fees Epic agrees to pay under this section NAM costs do not include your Attorneys’ fees and costs and Attorneys’ such fees and NAM costs are not counted when determining how much a dispute involves.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement