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(c) You may terminate this EULA at any time by providing Sirius with written notice of termination to: Sirius
Satellite Radio Inc., 1221 Avenue of the Americas, 36
th
Floor, New York, New York 10020, Attention: My
Sirius Studio Software Termination.
(d) Upon any termination of this EULA, you shall immediately discontinue use of the Software and shall
within three days return to Sirius, or certify destruction of, all full or partial copies of the Software,
documentation and related materials provided by Sirius. Your obligation to pay accrued charges and fees
shall survive any termination of this License Agreement.
(e) Except for the license granted in paragraph 1, the terms of this EULA shall survive termination under this
paragraph 10.
10. RESOLVING DISPUTES. In order to expedite and control the cost of disputes, you agree that any legal
equitable claim (a “Claim”) relating to the Software, the Documentation and/or this EULA, will be resolved as
follows:
(a) Informal Resolution
. You and Sirius will first try to resolve any Claim informally. Accordingly, neither you
nor Sirius may start a formal proceeding (except for Claims described in Section 10(d)) for at least 60 days
after one of us notifies the other of a Claim in writing. To initiate a Claim, you must send notice by U.S. mail
to: Sirius Satellite Radio Inc., 1221 Avenue of the Americas, 36
th
Floor, New York, New York 10020,
Attention: General Counsel. If Sirius initiates a Claim, notice will be sent to your address on file with Sirius.
(b) Formal Resolution
. Except as provided in Section 10(d), if you and Sirius cannot resolve a Cl aim
informally, any Claim either of you or Sirius asserts will be resolved only by binding arbitration. The
arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association
(the “AAA Rules”) that are in effect at the time the arbitration is initiated and under the rules set forth in this
EULA. If there is a conflict between the AAA Rules and this EULA, this EULA will govern. ARBITRATION
MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. If you initiate an arbitration, you agree to pay
a fee of $125 or, if less and you notify Sirius in writing, the amount that you would pay to initiate a lawsuit
against Sirius in the appropriate court of your state. Sirius agrees to pay any additional fee or deposit
required by the American Arbitration Association in excess of your filing fee. Sirius also agrees to pay the
costs of the arbitration proceeding up to a maximum of one-half day (four hours) of hearings. Other fees,
such as attorney’s fees, expenses, travel to the arbitration and the costs of a proceeding that goes beyond
one-half day, will be paid in accordance with the AAA Rules. The arbitration will be held at a location within
100 miles of your residence unless you and Sirius both agree to another location. To start the arbitration,
you or Sirius must do the following things:
(i) Write a demand for arbitration. The demand must include a description of the Claim and the amount of
damages sought to be recovered;
(ii) Send three copies of the demand for arbitration plus the appropriate filing fee to: American Arbitration
Association, 601 Pennsylvania Avenue, N.W., Suite 700, Washington, D.C. 20004; and
(iii) Send one copy of the demand for arbitration by U.S. mail to Sirius Satellite Radio Inc., 1221 Avenue of
the Americas, 36
th
Floor, New York, New York 10020, Attention: General Counsel, or to your address on file
with Sirius (if Sirius starts the arbitration).
(c) Binding Effect
. In the arbitration proceeding, the arbitrator must follow applicable law, and any award
may be challenged if the arbitrator fails to do so. The arbitrators shall not have the power, jurisdiction or