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If any party files a judicial or administrative action asserting a claim that

is subject to arbitration and another party successfully stays such action

or compels arbitration, the party filing that action must pay the other

party's costs and expenses incurred in seeking such stay or compelling

arbitration, including attorney's fees.

You may get our current address for written notice by calling

PCS Customer Service Solutions. Written notice to you is sent to your

last known address in our invoicing records. Written notice is effective

three days after deposit in the U.S. mail, postage prepaid, and properly

addressed. Unless required by this Agreement or Applicable Laws, (1)

you may notify us by calling PCS Customer Service Solutions, and (2)

we may notify you by leaving a message for you on your PCS Phone,

answering machine or with your answering service. Notice addresses

may be changed by giving notice as provided in this section.

This Agreement is governed by and must be

construed under federal law and the laws of the State of Kansas,

without regard to choice of law principles.

If either of us does not enforce any right or remedy available

under this Agreement, that failure is not a waiver of the right or remedy

for any other breach or failure by the other party. Our waiver of any

requirement in any one instance is not a general waiver of that

requirement and does not amend this Agreement. This Agreement is

subject to any applicable federal and state law (collectively, "Applicable

Laws"). If any part of this Agreement is held invalid or unenforceable,

that part is interpreted consistent with Applicable Laws as nearly as

possible to reflect the original intentions of the parties and the rest of

this Agreement remains in full force and effect. Section headings are for

descriptive purposes only and are not used to interpret this Agreement.

You may not assign this Agreement to any other person or entity

without our prior written approval. This Agreement (including any

referenced documents and attachments) makes up the entire

agreement between you and us and replaces all prior written or spoken

agreements, representations, promises or understandings between you

and us. The provisions of this Agreement that are contemplated to be

enforceable after the termination of this Agreement survive

termination of this Agreement. If there is a conflict, the Service Plan

(including any Term Service Plan) controls over the Terms.

indemnification applies, or from the contesting of the applicability of

this provision. This section survives termination of this Agreement.

ANY CLAIM,

CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE

CUSTOMER AND THE COMPANY AND/OR ANY OF ITS EMPLOYEES,

AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER

SOUNDING IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD,

MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER

LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF

ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE

RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED

IN THIS SECTION. THE FEDERAL ARBITRATION ACT, NOT STATE LAW,

GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO

ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS

ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM

RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL

CLAIMS COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT

TO PURSUE.

A single arbitrator engaged in the practice of law will conduct the

arbitration. The arbitrator will be selected according to the rules of CPR

or, alternatively, may be selected by agreement of the parties, who shall

cooperate in good faith to select the arbitrator. The arbitration will be

conducted by, and under the then-applicable rules of the CPR Institute

for Dispute Resolution. All expedited procedures prescribed by the

applicable rules will apply. Any required hearing fees and costs shall be

paid by the parties as required by the applicable rules or as required by

applicable law, but the arbitrator shall have the power to apportion

such costs as the arbitrator deems appropriate.The arbitrator's decision

and award will be final and binding (subject to the appeal clause

below), and judgment on the award rendered by the arbitrator may be

entered in any court with jurisdiction.

An appeal may be taken under the CPR Arbitration Appeal Procedure

from any final award of any arbitral panel in any arbitration arising out of

or related to this agreement that is conducted in accordance with the

requirements of such Appeal Procedure. Unless otherwise agreed by

the parties and the appeal tribunal, the appeal shall be conducted at the

place of the original arbitration.