Agreement to Binding Arbitration. If you and The Den do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms of Service (including their formation, performance and breach, including breach of the arbitration agreement), your use of the Services, your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by AAA American Arbitration Association (“AAA”) Employment Arbitration Rules and Mediation Procedure (“AAA Rules”) if you are in the United States, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and The Den shall select a single neutral arbitrator in accordance with the AAA Rules. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms of Service and/or this arbitration agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement this arbitration agreement and all other agreements between you and The Den shall be subject to the Federal Arbitration Act. The current AAA rules governing the arbitration may be accessed at xxxxx://xxx.xxx.xxx/Employment. Updated copies of the rules are available for review from the AAA’s website (xxx.xxx.xxx). If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), The Den will pay the additional cost. If The Den is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and The Den will arrange to pay all necessary fees directly to AAA. The Den will also be responsible for paying all other arbitrat...
Agreement to Binding Arbitration. Any and all claims, disputes and other matters in question that may occur between owner, the contractor, and/or CT, arising out of, in connection with, or relating to this Limited Warranty or breach thereof, shall be submitted to BINDING ARBITRATION for resolution. The arbitration shall be conducted by the American Arbitration Association under its Construction Industry Arbitration Rules then in effect, unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the Federal Arbitration Act, 9 U.S.C. § 2 or the applicable state arbitration laws. The award rendered by the arbitrator shall be final, and judgment may be entered upon such award in accordance with applicable law in any court having jurisdiction thereof.
Agreement to Binding Arbitration. THE PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE BREACH THEREOF SHALL AT EITHER PARTIES ELECTION, BE SUBMITTED TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EITHER PARTY MAY OBTAIN PROVISIONAL OR ANCILLARY REMEDIES SUCH AS INJUNCTIVE RELIEF OR THE APPOINTMENT OF A RECEIVER, OR EXERCISE SELF-HELP, AT ANY TIME WITHOUT WAIVING ITS RIGHT TO ARBITRATION.
Agreement to Binding Arbitration. Employee and ServiceSource acknowledge and agree that in the event that there is any dispute arising out of Employee’s employment with ServiceSource, including but not limited to any dispute over the interpretation, application or breach of this Agreement, and any dispute over the termination of Employee’s employment with ServiceSource, or allegations of discrimination or harassment arising under state or federal antidiscrimination statutes (such as the California Fair Employment and Housing Act, the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act) or otherwise, if the parties are unable to resolve such a dispute through informal means, Employee and ServiceSource agree to submit all such disputes exclusively to FINAL AND BINDING ARBITRATION pursuant to the Mutual Arbitration Agreement. Such disputes or claims shall not be subject to trial by jury or by a court of any jurisdiction.
Agreement to Binding Arbitration. Except as provided in Section 32.4 below, any dispute, claim or controversy arising out of or relating to this Lease, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Arbitration of Disputes Article, shall be determined by binding arbitration in Westlake, California (the "Arbitration"), before one (1) neutral arbitrator ("Arbitrator"). The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in strict, full, complete, and timely accordance with this Arbitration of Disputes provision.
Agreement to Binding Arbitration. Each dispute or controversy that arises out of or is related to (a) your Card, or (b) your Card Balance, or (c) any service relating to your Card or your Card Balance, or (d) any matter relating to your or our rights and obligations provided for in this Agreement or any other agreement or instrument relating to your Card or your Card Balance, whether based on statute, contract, tort, fraud, misrepresentation or any other legal or equitable theory, including interest and attorney's fees, where applicable (any "Claim"), must be determined on an individual basis by binding arbitration in accordance with the Federal Arbitration Act ("FAA" Title 9 of the United States Code) under the auspices of the American Arbitration Association ("AAA"). Judgment on an arbitration award may be entered in any Court having jurisdiction. The arbitrator will decide any issue regarding whether a particular dispute or controversy is a Claim that is subject to arbitration. If any part of the relief request is not expressly stated as a dollar amount, the dispute or controversy will not be a Claim that is subject to arbitration.
Agreement to Binding Arbitration. IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND COMPANY MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN. This agreement to arbitrate contained in this Section 12 (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with Company. Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or controversy whether based on past, present or future events arising out of or relating to: this Agreement and prior versions (including the breach, termination, enforcement, interpretation or validity thereof); the Services,; breach of any express or implied contract or breach of any express or implied covenant; or claims arising under federal or state consumer protection law. If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Company agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
Agreement to Binding Arbitration. Any controversy or claim arising out of or relating to this contrast or engagement or breach thereof, shall be settled by arbitration and administered by the American Arbitration Association in accordance with its rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In rendering the award, the arbitrator shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California. The arbitration proceedings shall be conducted in San Francisco, California. The prevailing party in any arbitration shall be awarded is attorneys' fees and costs incurred in connection with the arbitration. Antenna Group Client Services Agreement for Ecology Coatings, Inc. March 1, 2005 QBPHX\126261.00002\2103676.1 Page 3 Initials: /s/ & /s/
Agreement to Binding Arbitration. The parties may agree to submit the matter to a single arbitrator or to several arbitrators, may require that arbitrators possess special qualifications or expertise or may agree to submit a matter to a mutually acceptable firm of experts for decision. In the event the parties shall fail to thus agree upon terms of arbitration within twenty (20) days from the first written demand for arbitration, then such disputed matter shall be settled by arbitration under the Rules of the American Arbitration Association, by three arbitrators appointed in accordance with such Rules. Such arbitration shall be held in New York City. Once a matter has been submitted to arbitration pursuant to this section, the decision of the arbitrators reached and promulgated as a result thereof shall be final and binding upon all parties. The cost of arbitration shall be shared equally by the parties and each party shall pay the expenses of his/its attorneys, except that the arbitrators shall be entitled to award the costs of arbitration, attorneys and accountants’ fees, as well as costs, to the party that they determine to be the prevailing party in any such arbitration.
Agreement to Binding Arbitration. If a Dispute is not satisfactorily resolved within thirty (30) days after an informal notice is received by us, then either you or Peril Protect may submit the Dispute for a resolution to binding arbitration. You and Peril Protect hereby agree that each and every Dispute will be submitted to, settled, resolved, and determined via binding arbitration administered by the American Arbitration Association (the “AAA”). If the Peril Protect System was intended for personal or household use, the AAA is authorized to apply its Consumer Arbitration Rules (see, xxx.xxx.xxx/xxxxxxxx) or if the Peril Protect System was intended for business purposes, the AAA is authorized to apply its Commercial Arbitration Rules (see, xxx.xxx.xxx/xxxxxxxxxx) (hereafter, this “Arbitration Agreement”). No demand for arbitration may be made after the date when the commencement of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations. Indiana law will apply and the place of arbitration will be Indianapolis, Indiana. Judgment on the award rendered by the arbitrator will be entered by any court having jurisdiction thereof.
