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attorneys' fees and expenses, including any witness and expert witness fees. The
arbitrator shall apply applicable substantive law consistent with the FAA, shall apply
statutes of limitation, and shall honor claims of privilege recognized at law. The
arbitrator shall decide, with or without a hearing, any motion that is substantially
similar to a motion to dismiss for failure to state a claim or a motion for summary
judgment. In conducting the arbitration proceeding, the arbitrator shall not apply
any federal or state rules of civil procedure or evidence. The arbitrator shall not
consolidate the claims of multiple parties unless you and Romer agree to do so. At
the timely request of any party, the arbitrator shall provide a written explanation for
the award. The arbitrator's award may be filed with any court having jurisdiction.
THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE
ARBITRATIONS EVEN IF THE AAA RULES OR PROCEDURES WOULD. IN OTHER
WORDS, YOU AND ROMER EACH AGREE THAT ALL DISPUTES SHALL BE ARBITRATED
ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PROCEED IN A CLASS,
CONSOLIDATED, OR REPRESENTATIVE FASHION. THE ARBITRATOR MAY AWARD
MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING
RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED
BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS, REPRESENTATIVE OR PRIVATE
ATTORNEY GENERAL OR GENERAL INJUNCTIVE RELIEF THEORIES OF LIABILITY
OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION CONDUCTED
PURSUANT TO THIS ARBITRATION AGREEMENT.
If the foregoing class action waiver and prohibition against class arbitration
is determined to be invalid or unenforceable for any reason, then this entire
Arbitration Agreement shall be void. If any portion of this Arbitration Agreement
other than the class action waiver and prohibition against class arbitration is
deemed to be invalid or unenforceable for any reason, it shall not invalidate the
remaining portions of this Arbitration Agreement. If for any reason a dispute
proceeds in court rather than in arbitration, you and Romer each waive any right
to a jury trial.
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