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