OFFERS OF JUDGMENT. Unless prohibited by applicable law, in any legal proceeding between you and Frontier (whether in court or arbitration), at least 10 days before the trial or arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance will be submitted to the tribunal, which shall enter judgment accordingly. If the offer is not accepted before the trial or arbitration hearing or within 30 days after it is made, whichever occurs first, the offer shall be deemed withdrawn and cannot be submitted in evidence. If an offer made by one party is not accepted, and the other party fails to obtain a more favorable judgment or award (as measured by the standards of Federal Rule of Civil Procedure 68), the other party shall not recover their post-offer costs or attorneys’ fees and shall pay the offering party’s costs and attorneys’ fees incurred after the date of the offer. However, your individual obligation to pay costs and attorneys’ fees is capped at the amount of your claim, or no more than $3,000 per individual claim, whichever is greater.
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