NF FRA51602, Instruction Manual

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VII
FRA 51602
cause to hold an in-person hearing instead. For more information, see adr.org or
call 1-800-778-7879. You agree to commence arbitration only in your county of
residence or in the NF Corporation’s principal place of business. NF Corporation
agrees to commence arbitration only in your county of residence. The arbitrator
may award the same damages to you individually as a court could. The arbitrator
may award declaratory or injunctive relief only to you individually, and only to the
extent required to satisfy your individual claim.
g. Arbitration fees and incentives
i. Disputes involving $75,000 or less. NF Corporation will promptly reimburse
your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you
reject the NF Corporation’s last written settlement offer made before the
arbitrator was appointed (“last written offer”), your dispute goes all the way
to an arbitrator’s decision (called an “award”), and the arbitrator awards you
more than the last written offer, NF Corporation will give you three
incentives: (1) pay the greater of the award or $1,000; (2) pay twice your
reasonable attorney’s fees, if any; and (3) reimburse any expenses (including
expert witness fees and costs) that your attorney reasonably accrues for
investigating, preparing, and pursuing your claim in arbitration. The
arbitrator will determine the amounts.
ii. Disputes involving more than $75,000. The AAA rules will govern payment of
filing fees and the AAA’s and arbitrator’s fees and expenses.
iii. Disputes involving any amount. In any arbitration you commence, NF
Corporation will seek its AAA or arbitrator’s fees and expenses, or your filing
fees it reimbursed, only if the arbitrator finds the arbitration frivolous or
brought for an improper purpose. In any arbitration NF Corporation
commences, it will pay all filing, AAA, and arbitrator’s fees and expenses. It
will not seek its attorney’s fees or expenses from you in any arbitration. Fees
and expenses are not counted in determining how much a dispute involves.
h. Claims or disputes must be filed within one year. To the extent permitted by law,
any claim or dispute under this agreement to which Section 2 applies must be
filed within one year in small claims court (Section 2.c) or in arbitration (Section
2.d). The one-year period begins when the claim or dispute first could be filed. If
such a claim or dispute is not filed within one year, it is permanently barred.
i. Severability. If the class action waiver in Section 2.e is found to be illegal or
unenforceable as to all or some parts of a dispute, then Section 2 will not apply to
those parts. Instead, those parts will be severed and proceed in a court of law,
with the remaining parts proceeding in arbitration. If any other provision of
Section 2 is found to be illegal or unenforceable, that provision will be severed