Class and Representative Actions. 1. ▇▇▇▇▇▇▇▇ and MCC agree that each may bring claims against the other only in his/her/its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. 2. If it is determined that Subsection 30.7.1 is unenforceable for any reason, and that a party’s claims may proceed as a class or representative action, then the parties further agree that all subsequent matters, including but not limited to, issues of class representation, class certification, class notice and a decision on the merits, shall be determined in arbitration before JAMS or ADR, as chosen by ▇▇▇▇▇▇▇▇, according to the chosen arbitration organization’s Rules and applicable procedures, and by an arbitration panel of three arbitrators selected in accordance with the provisions of Subsection 30.5 of this Agreement.
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