Operation Manual

AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the

AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages,

the payment of these fees will be governed by the AAA rules.

(4) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an

award that is greater than the value of AT&T’s last written settlement offer made before an arbitrator

was selected, then AT&T will:

• pay you the amount of the award or $10,000 (“the alternative payment”), whichever is greater; and

• pay your attorney, if any, twice the amount of attorneys’ fees, and reimburse any expenses

(including expert witness fees and costs) that your attorney reasonably accrues for investigating,

preparing, and pursuing your claim in arbitration (“the attorney premium”).

If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you

and your attorney will be entitled to receive the alternative payment and the attorney premium,

respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings

and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative

payment and the attorney premium at any time during the proceeding and upon request from either

party made within 14 days of the arbitrator’s ruling on the merits.

(5) The right to attorneys’ fees and expenses discussed in paragraph (4) supplements any right to

attorneys’ fees and expenses you may have under applicable law. Thus, if you would be entitled to a

larger amount under the applicable law, this provision does not preclude the arbitrator from awarding

you that amount. However, you may not recover duplicative awards of attorneys’ fees or

costs. Although under some laws AT&T may have a right to an award of attorneys’ fees and

expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.

(6) The arbitrator may award declaratory or injunctive relief only in favor of the individual

party seeking relief and only to the extent necessary to provide relief warranted by

that party’s individual claim. YOU AND AT&T AGREE THAT EACH MAY BRING

CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY,

AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR

REPRESENTATIVE PROCEEDING. Further, unless both you and AT&T agree otherwise,

the arbitrator may not consolidate more than one person’s claims, and may not otherwise

preside over any form of a representative or class proceeding. If this specific provision is

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