Vercel will not seek to recover attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.</small> <small> <strong>20.8. Class Action Waiver. </strong>YOU AND VERCEL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Vercel each agree that such proceeding shall take solely by means of judicial reference pursuant to California Code of Civil Procedure section 638.</small> <small> <strong>20.9.