Common use of Fees and Award Clause in Contracts

Fees and Award. If You initiate a Dispute, You will be required to pay a $250 filing fee, which is approximately equivalent to current court filing fees. All costs associated with the arbitration will be paid by EP. The party that does not prevail in the Dispute will be required to pay the other party’s fees and costs, including attorneys’ fees, unless You live in California, in which case EP will pay its own fees and costs. An arbitrator's award will consist of a written statement stating the disposition of each claim and will provide a concise written statement of the findings and conclusions on which the award is based. Opt Out. You may opt out of this dispute resolution procedure by providing notice to EP no later than thirty (30) calendar days from the date of Your purchase of Your Product. To opt out, You must send notice by e-mail to xxxxx@xxxxxxxxx.xxx, with the subject line: “Arbitration Opt Out,” and include in the e-mail (a) your name and address; (b) the date on which the Product was purchased; (c) the Product model name or model number; and (d) the IMEI, MEID, or serial number, as applicable, if you have it (the IMEI, MEID, or serial number can be found (i) on the Product box; (ii) on the Product information screen, which can be found under Settings; or (iii) on the Product or in the SIM tray if applicable). Alternatively, You may opt out by mailing an opt-out request with the same information to General Counsel, Essential Products, Inc., 000 Xxxxxxx Xxx., Xxxx Xxxx, XX 00000, Xxxxxx Xxxxxx, postmarked no later than thirty (30) days from the date of Your purchase. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of this Limited Warranty in any way, and You will continue to enjoy the benefits of this Limited Warranty.

Fees and Award. If You initiate a Dispute, You will be required to pay a $250 filing fee, which is approximately equivalent to current court filing fees. All costs associated with the arbitration will be paid by EP. The party that does not prevail in the Dispute will be required to pay the other party’s fees and costs, including attorneys’ fees, unless You live in California, in which case EP will pay its own fees and costs. An arbitrator's award will consist of a written statement stating the disposition of each claim and will provide a concise written statement of the findings and conclusions on which the award is based. Opt Out. You may opt out of this dispute resolution procedure by providing notice to EP no later than thirty (30) calendar days from the date of Your purchase of Your Product. To opt out, You must send notice by e-mail to xxxxx@xxxxxxxxx.xxx, with the subject line: “Arbitration Opt Out,” and include in the e-mail (a) your name and address; (b) the date on which the Product was purchased; (c) the Product model name or model number; and (d) the IMEI, MEID, or serial number, as applicable, if you have it (the IMEI, MEID, or serial number can be found (i) on the Product box; (ii) on the Product information screen, which can be found under Settings; or (iii) on the Product or in the SIM tray if applicable). Alternatively, You may opt out by mailing an opt-out request with the same information to General Counsel, Essential Products, Inc., 000 Xxxxxxx Xxx., Xxxx Xxxx, XX 00000, Xxxxxx Xxxxxx, postmarked no later than thirty (30) days from the date of Your purchase. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of this Limited Warranty in any way, and You will continue to enjoy the benefits of this Limited Warranty.. Severability and Survival. If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from this Limited Warranty; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and