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_-,._. �.��r������ --- <br /> The arbitrator(s)shall resolve all Disputes in accordance with the <br /> substantive law of the state whose laws govem Company's Account and <br /> may grant aay 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 /> cnake effective any award.The arbitrator(s)shall aLso have the power to <br /> awar�d recovery of all costs and fees,to impose sanctions and to take such <br /> other acrion 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 putsuit of a provisional or <br /> , ancillary ren�edy shall not constitute a waiver of the right of any parry, <br /> including the plaintif�to submit tbe controversy or claim to arbitration if <br /> any other party contests such <br /> action for judicial relie£ <br /> Discovery. <br /> In any arbitration proceeding discovery will be permitted in aa;ordance <br /> with the Rules.All discovery shall be expressly limited to matteis 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 parly's presentation and that no alternativ�e <br /> means for obtaining information is available. <br /> Class Actions and Consolidations. <br /> Company and Banlc agree that the resolution of any Dispute arising <br /> pursuant to the terms of this Agneement shall be resolved by a separate <br /> arUitration proceeding and shall not be consolidated with other Disputes or <br /> treated as a class.Neither Company nor Bank shall be enritled to join or <br /> consolidate Disputes by or against others in any arbitration, or to include in <br /> any arbitration axry 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 /> Payment of Arbitration C�ts and l�ees. <br /> The arbitrator(s)shall award all costs and expenses of the arbitration <br /> proceeding <br /> 10 <br /> ATTY/AGR/2016.186/WELLS FARGO BANKING AGREEMENT <br />