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10 <br />The arbitrator(s) shall resolve all Disputes in accordance with the <br />substantive law of the state whose laws govern Company’s Account and <br />may grant any remedy or relief that a court of such state could order or <br />grant within the scope hereof and such ancillary relief as is necessary to <br />make effective any award. The arbitrator(s) shall also have the power to <br />award recovery of all costs and fees, to impose sanctions and to take such <br />other action as deemed necessary to the same extent a judge could <br />pursuant to the Federal Rules of Civil Procedure, the state rules of civil <br />procedure for the state whose laws govern Company’s Account or other <br />applicable law. Judgment upon the award rendered by the arbitrator(s) <br />may be entered in any court having jurisdiction. The institution and <br />maintenance of an action for judicial relief or pursuit of a provisional or <br />ancillary remedy shall not constitute a waiver of the right of any party, <br />including the plaintiff, to submit the controversy or claim to arbitration if <br />any other party contests such <br />action for judicial relief. <br /> <br />Discovery. <br />In any arbitration proceeding, discovery will be permitted in accordance <br />with the Rules. All discovery shall be expressly limited to matters directly <br />relevant to the Dispute being arbitrated and must be completed no later <br />than twenty (20) days before the hearing date and within 180 days of the <br />filing of the Dispute with the AAA. Any requests for an extension of the <br />discovery periods, or any discovery Disputes, will be subject to final <br />determination by the arbitrator(s) upon a showing that the request for <br />discovery is essential for the party’s presentation and that no alternative <br />means for obtaining information is available. <br /> <br />Class Actions and Consolidations. <br />Company and Bank agree that the resolution of any Dispute arising <br />pursuant to the terms of this Agreement shall be resolved by a separate <br />arbitration proceeding and shall not be consolidated with other Disputes or <br />treated as a class. Neither Company nor Bank shall be entitled to join or <br />consolidate Disputes by or against others in any arbitration, or to include in <br />any arbitration any Dispute as a representative or member of a class, or to <br />act in any arbitration in the interest of the general public or in a private <br />attorney general capacity. <br /> <br />Payment of Arbitration Costs and Fees. <br />The arbitrator(s) shall award all costs and expenses of the arbitration <br />proceeding. <br /> <br /> <br /> <br />6.1.D. - Page 52