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proceedings will be held after you have paid $125 to the American Arbitration
Association to be applied to the initial filing fee. If your claim is less than
$10,000, EXPLORER will pay the balance of the initial filing fee and any final
fee payable to AAA and the arbitrator shall not award damages in excess of
$10,000. If your claim exceeds $10,000 or is not specified, you must pay one
half of the fees and costs payable to AAA in excess of $125. You, the dealer,
and EXPLORER will each pay their own costs and expenses in connection with
the arbitration hearing. The claim will be heard by a single arbitrator, and will
be held thirty (30) days after the claim is filed, unless all parties agree to a later
date. The arbitrator shall be selected from a panel named by AAA, pursuant to
its rules. Unless required by law, the arbitrator shall award only actual damages
for financial loss, and shall not award damages for personal injury or mental
anguish, or other intangible claims. Statutes of limitation, which would apply to
a court proceeding for your claim, will apply to commencement of arbitration
proceedings. If you file a claim in court, you will be required to pay all fees,
cost and expenses, including Explorer’s attorneys’ fees, for dismissal or referral
to arbitration. This Agreement will apply to you, your heirs, and assigns, and
anyone who purchases or leases your Explorer Van from you or operates or
occupies it with your permission or without objection by you. Nothing in this
Agreement enlarges your rights or gives you any rights or claims you would
not otherwise have. FOR INFORMATION ABOUT HOW TO FILE A CLAIM
OR ABOUT THE ARBITRATION PROGRAM, CALL EXPLORER AT (574)
267-7666, OR THE AMERICAN ARBITRATION ASSOCIATION AT (800)
778-7879.
