Common use of Fees and Costs in Arbitration Clause in Contracts

Fees and Costs in Arbitration. If your total damage claims are $25,000 or less, not including your attorneys’ fees: (1) the arbitrator may award you your reasonable attorneys’ fees, expert fees, and costs if you prevail in the arbitration; (2) the arbitrator may not award any Arbitrating Entity its attorneys’ fees, expert fees, or costs unless the arbitrator determines that your claim was frivolous or brought in bad faith; and (3) Arbitrating Entity will bear all filing fees and administrative fees and either reimburse you for any such fees that AAA requires you to pay upon initiating arbitration or, if you send a written request to Legal Department, 00000 Xxxxxxx 00 Xxxx, Xxxxxxx, XX 00000 before you initiate arbitration, Arbitrating Entity will pay to AAA any such fees that AAA requires to be paid upon initiation of arbitration. If your total damage claims are more than $25,000, not including your attorneys’ fees, then the arbitrator may award the prevailing party all or a portion of its reasonable attorneys’ fees, expert fees, and costs. In arbitrations conducted under AAA’s Consumer Arbitration Rules, (a) Arbitrating Entity will bear the arbitrator’s fees and expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the Dispute shall be resolved by the submission of documents only/desk arbitration, except that any party may ask for a hearing or the arbitrator may decide that a hearing is necessary. Except as otherwise provided herein, all filing fees, administrative fees, and arbitrator fees and expenses will be paid in accordance with the applicable AAA rules.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Limited Product Warranty, and Dispute Resolution/Arbitration Agreement, Terms and Conditions of Sale, Limited Product Warranty, and Dispute Resolution/Arbitration Agreement

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Fees and Costs in Arbitration. If your total damage claims are $25,000 or less, not including your attorneys’ fees: (1) the arbitrator may award you your reasonable attorneys’ fees, expert fees, and costs if you prevail in the arbitration; (2) the arbitrator may not award any Arbitrating Entity its attorneys’ fees, expert fees, or costs unless the arbitrator determines that your claim was frivolous or brought in bad faith; and (3) Arbitrating Entity will bear all filing fees and administrative fees and either reimburse you for any such fees that AAA requires you to pay upon initiating arbitration or, if you send a written request to Legal Department, 00000 Xxxxxxx 00 Xxxx, Xxxxxxx, XX 00000 before you initiate arbitration, Arbitrating Entity will pay to AAA any such fees that AAA requires to be paid upon initiation of arbitration. If your total damage claims are more than $25,000, not including your attorneys’ fees, then the arbitrator may award the prevailing party all or a portion of its reasonable attorneys’ fees, expert fees, and costs. In arbitrations conducted under AAA’s Consumer Arbitration Rules, (a) Arbitrating Entity will bear the arbitrator’s fees and expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the Dispute shall be resolved by the submission of documents only/desk arbitration, except that any party may ask for a hearing or the arbitrator may decide that a hearing is necessary. Except as otherwise provided herein, all filing fees, administrative fees, and arbitrator fees and expenses will be paid in accordance with the applicable AAA rules. If You or any Arbitrating Entity files or causes to be filed in any court, agency, or other non-arbitral tribunal a Dispute that is subject to arbitration under this Agreement (an “Arbitrable Suit”), the defendant/respondent may provide written notice to the plaintiff/claimant (or its attorney) of its duty to arbitrate the Arbitrable Suit under this Agreement. If the plaintiff/claimant does not dismiss the Arbitrable Suit within 14 calendar days of such notice, and the defendant/respondent successfully moves to compel arbitration, the plaintiff/claimant shall be responsible for paying the reasonable attorneys’ fees and other costs incurred by the defendant/respondent in responding to and moving to compel arbitration of the Arbitrable Suit. Any request for such fees and costs shall be addressed to and decided by an arbitrator as if it were a Dispute and otherwise in accordance with this Agreement. Should any court, agency, arbitrator, or other tribunal determine that this paragraph is void, invalid, or otherwise unenforceable, it shall be severed from and not affect the validity of the agreement to arbitrate.

Appears in 1 contract

Samples: Terms and Conditions of Sale, Limited Product Warranty, and Dispute Resolution/Arbitration Agreement

Fees and Costs in Arbitration. If your total damage claims are $25,000 or less, not including your attorneys’ fees: (1) the arbitrator may award you your reasonable attorneys’ fees, expert fees, and costs if you prevail in the arbitration; (2) the arbitrator may not award any Arbitrating Entity RTG its attorneys’ fees, expert fees, or costs unless the arbitrator determines that your claim was frivolous or brought in bad faith; and (3) Arbitrating Entity RTG will bear all filing fees and administrative fees and either reimburse you for any such fees that AAA requires you to pay upon initiating arbitration or, if you send a written request to Legal Department, 00000 Xxxxxxx 00 Xxxx000 Xxxxxxxxx Xxxxxx Xxxxxxx, Xxxxx 000, Xxxxxxx, XX 00000 before you initiate arbitration, Arbitrating Entity will pay to AAA any such fees that AAA requires to be paid upon initiation of arbitration. If your total damage claims are more than $25,000, not including your attorneys’ fees, then the arbitrator may award the prevailing party all or a portion of its reasonable attorneys’ fees, expert fees, and costs. In arbitrations conducted under AAA’s Consumer Arbitration Rules, (a) Arbitrating Entity RTG will bear the arbitrator’s fees and expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the Dispute shall be resolved by the submission of documents only/desk arbitration, except that any party may ask for a hearing or the arbitrator may decide that a hearing is necessary. Except as otherwise provided herein, all filing fees, administrative fees, and arbitrator fees and expenses will be paid in accordance with the applicable AAA rules.

Appears in 1 contract

Samples: Limited Warranty and Dispute Resolution/Arbitration Agreement

Fees and Costs in Arbitration. If your total damage claims are $25,000 or less, not including your attorneys’ fees: (1) the arbitrator may award you your reasonable attorneys’ fees, expert fees, and costs if you prevail in the arbitration; (2) the arbitrator may not award any Arbitrating Entity its attorneys’ fees, expert fees, or costs unless the arbitrator determines that your claim was frivolous or brought in bad faith; and (3) Arbitrating Entity will bear all filing fees and administrative fees and either reimburse you for any such fees that AAA requires you to pay upon initiating arbitration or, if you send a written request to Legal Department, 00000 Xxxxxxx 00 Xxxx, Xxxxxxx, XX 00000 before you initiate arbitration, Arbitrating Entity will pay to AAA any such fees that AAA requires to be paid upon initiation of arbitration. If your total damage claims are more than $25,000than$25,000, not including your attorneys’ fees, then the arbitrator may award the prevailing party all or a portion of its reasonable attorneys’ fees, expert fees, and costs. In arbitrations conducted under AAA’s Consumer Arbitration Rules, (a) Arbitrating Entity will bear the arbitrator’s fees and expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the Dispute shall be resolved by the submission of documents only/desk arbitration, except that any party may ask for a hearing or the arbitrator may decide that a hearing is necessary. Except as otherwise provided herein, all filing fees, administrative fees, and arbitrator fees and expenses will be paid in accordance with the applicable AAA rules.

Appears in 1 contract

Samples: Terms and Conditions of Sale, Limited Product Warranty, and Dispute Resolution/Arbitration Agreement

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Fees and Costs in Arbitration. If your total damage claims are $25,000 or less, not including your attorneys' fees: (1) the arbitrator may award you your reasonable attorneys' fees, expert fees, and costs if you prevail in the arbitration; (2) the arbitrator may not award any Arbitrating Entity RTG its attorneys' fees, expert fees, or costs unless the arbitrator determines that your claim was frivolous or brought in bad faith; and (3) Arbitrating Entity RTG will bear all filing fees and administrative fees and either reimburse you for any such fees that AAA requires you to pay upon initiating arbitration or, if you send a written request to Legal Department, 00000 Xxxxxxx 00 Xxxx, Xxxxxxx, XX 00000 before you initiate arbitration, Arbitrating Entity RTG will pay to AAA any such fees that AAA requires to be paid upon initiation of arbitration. If your total damage claims are more than $25,000, not including your attorneys' fees, then the arbitrator may award the prevailing party all or a portion of its reasonable attorneys' fees, expert fees, and costs. In arbitrations conducted under AAA’s 's Consumer Arbitration Rules, (a) Arbitrating Entity RTG will bear the arbitrator’s 's fees and expenses, and (b) where no disclosed claims or counterclaims exceed $25,000, the Dispute shall be resolved by the submission of documents only/desk arbitration, except that any party may ask for a hearing or the arbitrator may decide that a hearing is necessary. Except as otherwise provided herein, all filing fees, administrative fees, and arbitrator fees and expenses will be paid in accordance with the applicable AAA rules.

Appears in 1 contract

Samples: Terms and Conditions of Sale, Limited Product Warranty, and Dispute Resolution/Arbitration Agreement

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