Location and Costs of Arbitration. Any arbitration hearing that you attend in person must take place at a location reasonably convenient to you, as determined by the arbitrator. Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. If either you or we require a Claim to be arbitrated, you may tell us in writing that you cannot afford to pay the fees charged by the Administrator and/or the arbitrator or that you believe those fees are too high. If your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the Administrator and/or arbitrator. Also, we will pay these fees if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator or arbitrator. We will bear the expense of our attorneys, experts and witnesses. You will bear the expense of your attorneys, experts and witnesses if we prevail in an arbitration. However, if you are the Claimant, we will pay your reasonable attorney, expert and witness fees and costs if you prevail or if we must bear such fees and costs in order for this Arbitration Provision to be enforced. Also, we will bear any fees and costs if applicable law requires us to do so.
Appears in 20 contracts
Samples: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement
Location and Costs of Arbitration. Any arbitration hearing that you attend in person must take place at in a location venue reasonably convenient to youwhere you reside. At your written request, as determined by the arbitrator. Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. If either you or we require a Claim to be arbitratedwill pay all filing, you may tell us in writing that you cannot afford to pay the hearing and/or other fees charged by the Administrator and/or the and arbitrator or that you believe those fees are too high. If your request is reasonable and in good faith, we will pay or reimburse to you for all Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or part federal court (whichever is less) in the judicial district in which you reside. (If you have already paid a filing fee for asserting the Claim(s) in court, you will not be required to pay that amount again). In addition, the Administrator may have a procedure whereby you can seek a waiver of the fees charged to you by the Administrator and/or administrator and arbitrator. Also, We will always pay any fees or expenses that we will are required to pay these fees if applicable by law requires us to, if you prevail in or the arbitration Administrator’s rules or if that we must bear such fees in order are required to pay for this Arbitration Provision to be enforced. We The arbitrator will not ask you have the authority to pay or reimburse us for any award fees we pay the Administrator or arbitrator. We will bear the expense and costs of our attorneys, witnesses and experts and witnesses. You will bear to the expense of your attorneysextent permitted by this Agreement, experts and witnesses if we prevail in an arbitrationthe Administrator’s rules or applicable law. However, if with respect to Claim(s) asserted by you are the Claimantin an individual arbitration, we will pay your reasonable attorney, witness and expert and witness fees and costs if and to the extent you prevail prevail, if applicable law requires us to or if we must bear such fees and costs in order for this Arbitration Provision to be enforced. Also, we will bear any fees and costs if applicable law requires us to do so.
Appears in 10 contracts
Samples: Business Credit Card Agreement, Credit Card Agreement, Credit Card Agreement
Location and Costs of Arbitration. Any arbitration hearing that you attend in person must take place at a location reasonably convenient to you, the parties or as determined otherwise agreed to by the parties or ordered by the arbitrator. Each Administrator administrator charges filing and administrative fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes The parties shall pay said fees not charged by a courtin accordance with the administrator’s rules. If either However, if you or we require a Claim to be arbitrated, you may tell us in writing that you cannot afford to pay the fees charged by the Administrator and/or the arbitrator or arbitration organization and that you believe those were unable to obtain a waiver of fees are too high. If from the administrator, and if your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the Administrator arbitration organization and/or arbitrator. Also, we will pay these fees if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator or arbitrator. We will The parties shall also bear the expense fees and expenses of our attorneys, experts and witnesses. You will bear the expense of your their own attorneys, experts and witnesses if unless otherwise required by applicable law, this Agreement or the administrator’s rules. If we prevail in an arbitration. However, if individual arbitration that either you are the Claimantor we commenced, we will pay your reasonable not seek to recover our attorney, expert and or witness fees and costs or our arbitration fees from you. Notwithstanding the foregoing, if you prevail the arbitrator determines that any party’s claim or if we must bear such defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and costs in order for this Arbitration Provision to expenses reasonably incurred by the other party if such sanctions could be enforced. Also, we will bear any fees and costs if applicable law requires us to do soimposed under Rule 11 of the Federal Rules of Civil Procedure.
Appears in 5 contracts
Samples: Online Services Agreement, Online Services Agreement, Online Services Agreement
Location and Costs of Arbitration. Any arbitration hearing that you attend in person must take place at a location reasonably convenient to you, as determined by the arbitrator. Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. If either you or we require a Claim to be arbitrated, you may tell us in writing that you cannot afford to pay the fees charged by the Administrator and/or the arbitrator or that you believe those fees are too high. If your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the Administrator and/or and/ or arbitrator. Also, we will pay these fees if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator or arbitrator. We will bear the expense of our attorneys, experts and witnesses. You will bear the expense of your attorneys, experts and witnesses if we prevail in an arbitration. However, if you are the Claimant, we will pay your reasonable attorney, expert and witness fees and costs if you prevail or if we must bear such fees and costs in order for this Arbitration Provision to be enforced. Also, we will bear any fees and costs if applicable law requires us to do so.
Appears in 1 contract
Samples: Prepaid Cardholder Agreement
Location and Costs of Arbitration. Any arbitration hearing that you attend in person must take place at a location reasonably convenient to you, as determined by the arbitrator. Each Administrator charges fees to administer an arbitration proceeding and the arbitrator also charges fees. This includes fees not charged by a court. If either you or we require a Claim to be arbitrated, you may tell us in writing that you cannot afford to pay the fees charged by the Administrator and/or the arbitrator thearbitrator or that you believe those fees are too high. If your request is reasonable and in good faith, we will pay or reimburse you for all or part of the fees charged to you by the Administrator and/or arbitrator. Also, we will pay these fees if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. We will not ask you to pay or reimburse us for any fees we pay the Administrator or arbitrator. We will bear the expense of our attorneys, experts and witnesses. You will bear the expense of your attorneys, experts and witnesses if we prevail in an arbitration. However, if you are the Claimant, we will pay your reasonable attorney, expert and witness fees and costs if you prevail or if we must bear such fees and costs in order for this Arbitration Provision to be enforced. Also, we will bear any fees and costs if applicable law requires us to do so.
Appears in 1 contract
Samples: Cardholder Agreement