Common use of Agreement to Arbitrate Clause in Contracts

Agreement to Arbitrate. The undersigned parties agree that any disputes that may arise between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.

Appears in 9 contracts

Samples: Employment Agreement (Casella Waste Systems Inc), Employment Agreement (Casella Waste Systems Inc), Employment Agreement (Casella Waste Systems Inc)

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Agreement to Arbitrate. The undersigned parties agree that any disputes that may arise I. THE BANK AND YOU AGREE TO RESOLVE ALL DISPUTES INVOLVING THE BANK THROUGH BINDING ARBITRATION, WHETHER SUCH DISPUTES OR MATTERS IN QUESTION ARISE OUT, OF OR ARE RELATED TO, THIS AGREEMENT OR THE RELATIONSHIP BETWEEN YOU AND THE BANK RELATED TO YOUR DEPOSIT ACCOUNT, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. AT ARBITRATION, DISPUTES SHALL BE RESOLVED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OR CONSUMER ARBITRATION RULES (COLLECTIVELY, THE “RULES”) OF THE AAA, AS APPLICABLE, AND ALL SUCH PROCEEDINGS SHALL BE SUBJECT TO THE FEDERAL ARBITRATION ACT. ARBITRATION SHALL TAKE PLACE IN XXXX COUNTY, TEXAS, OR, IF XXXX COUNTY, TEXAS, IS NOT REASONABLY CONVENIENT FOR EITHER PARTY, SUCH OTHER LOCATION AS IS REASONABLY CONVENIENT FOR BOTH PARTIES. ANY PARTY THAT DESIRES TO ENFORCE AN ARBITRATION AWARD IN COURT MAY SEEK ENFORCEMENT OF THE ARBITRATION AWARD IN ANY COURT HAVING JURISDICTION THEREOF. II. Disputes between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, you and any dispute over the interpretation or scope of this arbitration clause) Bank shall be settled resolved by arbitration by a single arbitrator agreed to by the partiesone arbitrator, or if one cannot who shall be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration appointed in accordance with the American Arbitration AssociationRules. All costs, Commercial Arbitration Rules, fees and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party expenses of arbitration shall be entitled to punitive, consequential or treble damagespaid in accordance with the Rules. III. The arbitrator(s) selection process selected arbitrator shall be concluded by the parties within sixty (60) days of decide whether a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORparticular dispute is or is not arbitrable.

Appears in 4 contracts

Samples: Gift Card Agreement, Gift Card Agreement, Gift Card Agreement

Agreement to Arbitrate. The undersigned parties agree that any disputes that may arise between them (including but not limited to any controversies Any dispute, controversy or claims claim arising out of or relating to in respect of this Agreement (or any alleged breach thereofits validity, and any dispute over the interpretation or scope of this arbitration clause) enforcement), the employment relationship or the subject matter hereof shall be addressed and settled by arbitration by a single arbitrator agreed to by conducted in Orange County under the parties, auspices of JAMS or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration other mutually agreeable alternative dispute resolution service in accordance with that service’s rules for the American Arbitration Associationresolution of employment disputes. Included within this provision are any claims based on a violation of any local, Commercial Arbitration Rulesstate or federal law, such as claims for discrimination or civil rights violations. Executive understands that arbitration is in lieu of any and all other civil legal proceedings. The aggrieved party can initiate arbitration by sending written notice of any intention to arbitrate by registered or certified mail to all parties and to the mutually agreed upon alternative dispute resolution service. The notice must contain a description of the dispute, the amount involved and the remedy sought. Any claim or controversy which may be arbitrated under this section is subject to any applicable statute of limitations that would apply if a lawsuit was being initiated. The arbitration shall provide for written discovery and depositions adequate to give the parties access to documents and witnesses that are essential to the dispute. The arbitrator shall have no authority to add to or to modify this Agreement, shall apply all applicable law, and judgment on shall have no lesser and no greater remedial authority than would a court of law resolving the award rendered by same claim or controversy. In addition to any other form of relief to which the arbitrator(s) parties may be entered entitled, injunctive relief will be available to enforce any provision of this Agreement including, without limitation, Paragraph 7 of this Agreement. The arbitrator shall issue a written decision that includes the essential findings and conclusions upon which the decision is based, and which shall be signed and dated. The decision of the arbitrator shall be conclusive, final and binding upon the parties and may be submitted to any authorized court of law to be confirmed and enforced. The prevailing party (meaning the party that obtains substantially the relief sought by it) in any court having jurisdiction thereof. No party shall such proceeding will be entitled to punitivethe reasonable attorneys’ fees and expenses of counsel and costs incurred by reason of such arbitration if such would be available if the matter had been pursued in a court of law. Executive and the Company shall each bear his/her or its own costs and attorneys’ fees incurred in conducting the arbitration, consequential and, except for such disputes where Executive asserts a claim otherwise under a state or treble damagesfederal statute prohibiting discrimination in employment or unless otherwise required by applicable law (“a Statutory Claim”), shall split equally the fees and administrative costs charged by the arbitrator and the alternative dispute resolution service. In disputes where Executive asserts a Statutory Claim against the Company, Executive shall be required to pay only the initial administrative filing fee to the extent such filing fee does not exceed the fee to file a complaint in state or federal court. The arbitrator(s) selection process Company shall be concluded by pay the parties within sixty (60) days balance of a partythe arbitrator’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORfees and administrative costs.

Appears in 4 contracts

Samples: Executive Employment Agreement (United Pan Am Financial Corp), Executive Employment Agreement (United Pan Am Financial Corp), Executive Employment Agreement (United Pan Am Financial Corp)

Agreement to Arbitrate. (a) Any dispute between Seller and Xxxxxx Xxxxxxx arising out of, relating to or in connection with this Sales Plan or any transaction relating to this Sales Plan shall be determined by arbitration only before the New York Stock Exchange, Inc.; the National Association of Securities Dealers, Inc.; or the Municipal Securities Rulemaking Board, as Seller may elect. If Seller makes no written election addressed to Xxxxxx Xxxxxxx by registered mail within five days after receiving a written demand for arbitration from Xxxxxx Xxxxxxx, Seller authorizes Xxxxxx Xxxxxxx to elect one of the above listed forums for Seller. (b) Unless rules of the arbitral forum dictate otherwise, any arbitration proceeding between Seller and Xxxxxx Xxxxxxx shall be held at a location at which the selected forum regularly conducts such proceedings nearest to the Xxxxxx Xxxxxxx office carrying Seller’s accounts at the time the claim arose; this venue shall apply even if Seller has related disputes with other parties which cannot be resolved in the same locale. Except for simplified proceedings (small claims), any arbitration proceeding between Seller and Xxxxxx Xxxxxxx shall be heard and decided by a panel of not fewer than three arbitrators. (c) The undersigned parties agree that any disputes that may arise between them (law of the State of New York shall apply in all respects, including but not limited to any controversies determination of applicable statutes of limitation and available remedies. The award of the arbitrator or claims arising out a majority of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) arbitrators shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rulesfinal, and judgment on the award rendered by the arbitrator(s) may be entered in any state or federal court having jurisdiction thereofjurisdiction. 2. No party shall be entitled Seller represents that Seller understands the terms of the above arbitration clause as follows: (i) Arbitration is final and binding on the parties. (ii) The parties are waiving their right to punitiveseek remedies in court, consequential including the right to jury trial. (iii) Pre-arbitration discovery is generally more limited than and different from court proceedings. (iv) The arbitrators’ award is not required to include factual findings or treble damages. The arbitrator(s) selection process shall be concluded legal reasoning, and any party’s right to appeal or seek modification of rulings by the parties within sixty arbitrators is strictly limited. (60v) days The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. (vi) No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action or who is a member of a party’s Notice putative class who has not opted out of Arbitrationthe class with respect to any claims encompassed by the putative class action until: (A) the class certification is denied; (B) the class is decertified; or (C) the customer is excluded from the class by the court. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORSuch forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Sales Plan except to the extent stated herein.

Appears in 4 contracts

Samples: Sales Plan (Omega Protein Corp), Sales Plan (Omega Protein Corp), Sales Plan (Provide Commerce Inc)

Agreement to Arbitrate. The undersigned parties agree that (i) In the event of any disputes that may arise between them (including but not limited to any controversies dispute, claim, question or claims disagreement arising out of from or relating to the terms of this Agreement or any alleged the breach thereof, the parties hereto shall use good faith efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and any dispute over negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the interpretation parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or scope of this arbitration clause) disagreement shall be settled resolved by binding arbitration by a single arbitrator agreed to by the partiesin DuPage County, or if one cannot be agreed to by the partiesIllinois, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration AssociationAssociation (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties. (ii) The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the terms of this Agreement. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition. (iii) The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitivejurisdiction. (iv) Notwithstanding the foregoing, consequential any disputes or treble damages. The arbitrator(s) selection process shall be concluded by claims between the parties within sixty relating to the following matters will be subject to litigation rather than arbitration: (60A) days intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or (B) any breach of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORthe confidentiality provisions in Section 16.

Appears in 3 contracts

Samples: Software License and Services Agreement, Software License and Services Agreement, Software License and Services Agreement

Agreement to Arbitrate. The undersigned parties agree that (a) Except as otherwise specifically provided in any disputes Ancillary Agreement, the procedures for discussion, negotiation and arbitration set forth in this Section 6.1 hereto shall apply to all disputes, controversies or claims (each a "Dispute") that may arise between them (including but not limited to any controversies or claims arising out of or relating to relate to, or arise under or in connection with this Agreement or any alleged breach thereofAncillary Agreement, or the transactions contemplated hereby or thereby (including all actions taken in furtherance of the transactions contemplated hereby or thereby on or prior to the date hereof), or the commercial or economic relationship of the parties relating hereto or thereto, between or among any member of the Intelligroup Group and the SeraNova Group. Each party agrees on behalf of itself and each other member of its respective Group that any dispute over the interpretation or scope of this arbitration clause) Dispute shall be settled by arbitration by a single arbitrator agreed submitted to by the partiesbinding arbitration, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the dispute resolution procedures specified in this Section. If any of these procedures are determined to be invalid or unenforceable, the remaining procedures shall remain in effect and binding on the parties to the fullest extent permitted by law. (b) The arbitration shall be held in Edison, New Jersey before a panel of three arbitrators. Any member or members of the SeraNova Group or the Intelligroup Group, as applicable, may by notice to the applicable member or members of the SeraNova Group or the Intelligroup Group, as applicable, demand arbitration, by serving on the other party a statement of the Dispute and the facts relating or giving rise thereto, in reasonable detail, and the name of the arbitrator selected by it. Within fifteen (15) days after receipt of such notice, the other party shall name its arbitrator, and the two arbitrators named by the parties shall, within fifteen (15) days after the date of such notice, select the third arbitrator. (c) The arbitration shall be conducted in accordance with the procedures specified in this Section and shall be governed by the Commercial Arbitration Rules of the American Arbitration Aribitration Association, Commercial as may be amended from time to time. In the event of a conflict, the provisions of this Section shall control. (d) Any issue concerning the extent to which any Dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration RulesAct and resolved by the arbitrators. No potential arbitrator may serve on the panel unless first agreeing in writing to abide and be bound by these procedures. The arbitrators may not award non-monetary or equitable relief of any sort. They shall have no power to award damages inconsistent with this Agreement or punitive damages or any other damages not measured by the prevailing party's actual damages, and the parties expressly waive their right to obtain (e) No discovery shall be permitted in connection with the arbitration unless expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrators may disclose the existence, content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. Before making any such disclosure, a party shall give written notice to all other parties and afford such parties a reasonable opportunity to protect their interest. The result of the arbitration shall be a final decision that is binding on the parties, and judgment on the arbitrators' award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereofjurisdiction. No party The cost of such arbitration shall be entitled borne equally by the parties. (f) This Section shall not apply to punitive, consequential any Dispute arising out of or treble damagesrelating to the ownership of intellectual property. The arbitrator(s) selection process application of this Section to any other Dispute shall be concluded waived only by the parties within sixty (60) days written agreement of a party’s Notice Intelligroup and SeraNova. This Section shall be terminated only by written agreement of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORIntelligroup and SeraNova.

Appears in 3 contracts

Samples: Contribution Agreement (Seranova Inc), Contribution Agreement (Seranova Inc), Contribution Agreement (Seranova Inc)

Agreement to Arbitrate. THE PARTIES MUTUALLY AGREE THAT ANY CLAIM OR DISPUTE BETWEEN THEM ARISING FROM OR RELATING TO THIS AGREEMENT, THE BUSINESS PARTNER PAY PROGRAM OR THE RIGHTS OF THE PARTIES UNDER THIS AGREEMENT WHICH CANNOT BE RESOLVED BY NEGOTIATION OR MEDIATION SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION BEFORE A SINGLE ARBITRATOR PURSUANT TO THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”). The undersigned parties Commercial Rules of the AAA are available at xxx.xxx.xxx. BY AGREEING TO ARBITRATE, THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. a. In the event the AAA is unwilling or unable to hear the dispute, the Parties shall agree that to, or an appropriate court shall select, another arbitration provider. Unless otherwise agreed upon by the Parties, any disputes that arbitration hearing shall take place in Los Angeles, CA, although either party may arise elect to participate in the arbitration by telephone. The Party filing the Demand for Arbitration shall be responsible for the initial filing fees and costs charged by AAA and the respondent shall be responsible for payment of filing fees for any Cross-Complaint or Counterclaim. The Parties shall share equally the costs of case management fees, arbitrator fees or other fees charged by AAA other than the filing fees referenced above. The Parties shall bear their own costs for attorney’s fees, court reporter fees, transcript fees and other litigation costs. b. Although this agreement to arbitrate is made and entered into between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereofthe Business Partner and LifeRegen, LifeRegen’s affiliates, owners, officers, managers, and any dispute over employees (“Related Parties”) are intended third party beneficiaries of the interpretation or scope Agreement, including this agreement to arbitrate. c. This agreement to arbitrate shall survive the termination of this arbitration clause) Agreement. Any issues related to the arbitrability of any claim, or the scope, validity or enforceability of this agreement to arbitrate shall be settled by arbitration by a single arbitrator agreed to determined by the partiesarbitrator. If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or if one cannot be agreed to by the parties, then by hand delivery via courier. The Demand for Arbitration must include a three (3) person arbitration panel which is selected by the party statement of the first party, the second member chosen by the party legal and factual basis of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesclaim(s) to be arbitrated. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party parties shall be entitled to punitive, consequential or treble damagesall discovery rights permitted by the Federal Rules of Civil Procedure and the parties shall be permitted to bring motions under FRCP Rules 12 and 56. The arbitrator(s) selection process decision of the arbitrator shall be concluded by final and binding on the parties within sixty (60) days and may, if necessary, be reduced to a final judgment in a court of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORcompetent jurisdiction.

Appears in 2 contracts

Samples: Independent Business Partner Agreement, Independent Business Partner Agreement

Agreement to Arbitrate. The undersigned parties You, XxxxXxxx and Issuer agree to arbitrate any and all disputes arising from your attempted or actual use of the Services ("Dispute") before a neutral arbitrator who has the power to award the same damages and relief that a court can. For purposes of this section "Issuer" includes any disputes that may arise between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereofprogram partners, affiliates, and parties with whom we contract in order to offer the Cards. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST GOODCASH AND ISSUER. If any dispute over the interpretation or scope section of this these arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which provisions is selected by the party of the first partyfound unenforceable, the second member chosen by the party of the second partyunenforceable provision will be severed, and the third member being selected by the first two arbitrators as previously selected by the partiesremaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration AssociationARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, Commercial Arbitration RulesNEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED FOR IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION THE AAA CODE OF CONSTITUTIONAL LAW OR CIVIL RIGHTSPROCEDURE. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORYour agreement to arbitrate and these related terms are made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16), and not any state arbitration law.

Appears in 2 contracts

Samples: Consumer Cardholder Agreement, Consumer Cardholder Agreement

Agreement to Arbitrate. The undersigned parties agree that any disputes that may arise between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration by a single arbitrator agreed to administered by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration American Arbitration Association in accordance with the American Arbitration Association, its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential punitive or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § Section 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE HE/SHE/IT WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.

Appears in 2 contracts

Samples: Employment Agreement (Casella Waste Systems Inc), Employment Agreement (Casella Waste Systems Inc)

Agreement to Arbitrate. The undersigned parties Any dispute or Claims Organizer or I may have arising out of, relating to or in connection with this Agreement, my enrollment or participation in the activities, or any other aspect of my relationship with Organizer: 1) shall be governed by substantive law (without regard to its conflict-of-law rules) and 2) unless settled by direct discussions, shall be determined by binding arbitration as the sole and final remedy for all matters in dispute, administered by the UAE in accordance with applicable arbitration rules as interpreted and governed by the UAE. Arbitrator(s) knowledgeable in the field and in commercial matters, acceptable to both the Participant and Organizer, will conduct the arbitration. Required Venue: I agree that any disputes that may arise between them (including but not limited to any controversies or claims arising out of or relating to this Agreement arbitration proceeding, or any alleged breach thereofsuit or other proceeding must be filed, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the partiesentered into and/or take place only in UAE. I ACKNOWLEDGE AND AGREE THAT THE PARTIES, or if one cannot be agreed to by the partiesBY ENTERING INTO THIS AGREEMENT, then by a three (3) person arbitration panel which is selected by the party of the first partyARE WAIVING ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN OR AMONG THE PARTIES, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesWHICH SHALL INCLUDE WTC. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT IF A JUDGE WERE TO RULE THAT THE PARTIES’ ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. AGREEMENT IS NOT ENFORCEABLE THAT THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT ARE STILL VOLUNTARILY GIVING UP THEIR RIGHT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING TRIAL BY JURY REGARDING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORBETWEEN THEM.

Appears in 2 contracts

Samples: Acknowledgment and Assumption of Risks & Release and Indemnity Agreement, Acknowledgment and Assumption of Risks & Release and Indemnity Agreement

Agreement to Arbitrate. THE PARTIES MUTUALLY AGREE THAT ANY CLAIM OR DISPUTE BETWEEN THEM ARISING FROM OR RELATING TO THIS AGREEMENT, THE COMPENSATION PLAN OR THE RIGHTS OF THE PARTIES UNDER THIS AGREEMENT WHICH CANNOT BE RESOLVED BY NEGOTIATION OR MEDIATION SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION BEFORE A SINGLE ARBITRATOR under THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”). The undersigned parties Commercial Rules of the AAA are available at xxx.xxx.xxx. BY AGREEING TO ARBITRATE, THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. a) In the event the AAA is unwilling or unable to hear the dispute, the Parties shall agree that to, or an appropriate court shall select, another arbitration provider. Unless otherwise agreed upon by the Parties, any disputes that arbitration hearing shall take place in Los Angeles, California, although either Party may arise between them (including but not limited elect to participate in the arbitration by telephone. The Party filing the Demand for Arbitration shall be responsible for the initial filing fees and costs charged by AAA and the respondent shall be responsible for payment of filing fees for any controversies Cross-Complaint or claims arising out Counterclaim. The Parties shall share equally the costs of case management fees, arbitrator fees, or relating to this Agreement or any alleged breach thereofother fees charged by AAA other than the filing fees referenced above. The Parties shall bear their own costs for attorney’s fees, court reporter fees, transcript fees, and any dispute over other litigation costs. b) Although this agreement to arbitrate is made and entered into between the interpretation or scope Brand Partner and EllieMD, EllieMD’s affiliates, owners, members, managers, and employees (“Related Parties”) are intended third-party beneficiaries of the Agreement, including this agreement to arbitrate. c) This agreement to arbitrate shall survive the termination of this arbitration clause) Agreement. Any issues related to the arbitrability of any claim, or the scope, validity, or enforceability of this agreement to arbitrate shall be settled by arbitration by a single arbitrator agreed to determined by the partiesarbitrator. If either Party wishes to initiate arbitration, the initiating Party must notify the other Party in writing via certified mail, return receipt requested, or if one cannot be agreed to by the parties, then by hand delivery via courier. The Demand for Arbitration must include a three (3) person arbitration panel which is selected by the party statement of the first party, the second member chosen by the party legal and factual basis of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesclaim(s) to be arbitrated. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party parties shall be entitled to punitive, consequential or treble damagesall discovery rights permitted by the Federal Rules of Civil Procedure and the parties shall be permitted to bring motions under FRCP Rules 12. The arbitrator(s) selection process decision of the arbitrator shall be concluded by final and binding on the parties within sixty (60) days and may, if necessary, be reduced to a final judgment in a court of a party’s Notice of Arbitrationcompetent jurisdiction. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORThe arbitrator shall have no authority to hear or preside over any joint, collective, or private attorney arbitration.

Appears in 2 contracts

Samples: Independent Contractor Agreement, Independent Contractor Agreement

Agreement to Arbitrate. THE PARTIES MUTUALLY AGREE THAT ANY CLAIM OR DISPUTE BETWEEN THEM ARISING FROM OR RELATING TO THIS AGREEMENT, THE COMPENSATION PLAN OR THE RIGHTS OF THE PARTIES UNDER THIS AGREEMENT WHICH CANNOT BE RESOLVED BY NEGOTIATION OR MEDIATION SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION BEFORE A SINGLE ARBITRATOR under THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”). The undersigned parties Commercial Rules of the AAA are available at xxx.xxx.xxx. BY AGREEING TO ARBITRATE, THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. a) In the event the AAA is unwilling or unable to hear the dispute, the Parties shall agree that to, or an appropriate court shall select, another arbitration provider. Unless otherwise agreed upon by the Parties, any disputes that arbitration hearing shall take place in Los Angeles, California, although either Party may arise between them (including but not limited elect to participate in the arbitration by telephone. The Party filing the Demand for Arbitration shall be responsible for the initial filing fees and costs charged by AAA and the respondent shall be responsible for payment of filing fees for any controversies Cross-Complaint or claims arising out Counterclaim. The Parties shall share equally the costs of case management fees, arbitrator fees, or relating to this Agreement or any alleged breach thereofother fees charged by AAA other than the filing fees referenced above. The Parties shall bear their own costs for attorney’s fees, court reporter fees, transcript fees, and any dispute over other litigation costs. b) Although this agreement to arbitrate is made and entered into between the interpretation or scope Consultant and Qyral, Qyral’s affiliates, owners, members, managers, and employees (“Related Parties”) are intended third-party beneficiaries of the Agreement, including this agreement to arbitrate. c) This agreement to arbitrate shall survive the termination of this arbitration clause) Agreement. Any issues related to the arbitrability of any claim, or the scope, validity, or enforceability of this agreement to arbitrate shall be settled by arbitration by a single arbitrator agreed to determined by the partiesarbitrator. If either Party wishes to initiate arbitration, the initiating Party must notify the other Party in writing via certified mail, return receipt requested, or if one cannot be agreed to by the parties, then by hand delivery via courier. The Demand for Arbitration must include a three (3) person arbitration panel which is selected by the party statement of the first party, the second member chosen by the party legal and factual basis of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesclaim(s) to be arbitrated. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party parties shall be entitled to punitive, consequential or treble damagesall discovery rights permitted by the Federal Rules of Civil Procedure and the parties shall be permitted to bring motions under FRCP Rules 12. The arbitrator(s) selection process decision of the arbitrator shall be concluded by final and binding on the parties within sixty (60) days and may, if necessary, be reduced to a final judgment in a court of a party’s Notice of Arbitrationcompetent jurisdiction. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORThe arbitrator shall have no authority to hear or preside over any joint, collective, or private attorney arbitration.

Appears in 2 contracts

Samples: Consultant Enrollment Agreement, Consultant Enrollment Agreement

Agreement to Arbitrate. (a) YOU AND PROVIDER AGREE TO ARBITRATE ALL DISPUTES AND CLAIMS BETWEEN YOU AND PROVIDER. The undersigned parties agree that any agreement between You and Provider to arbitrate all disputes that may arise and claims between them (including is intended to be broadly interpreted. It includes, but is not limited to any controversies or to: claims arising out of or relating to any aspect of the relationship between You and Provider, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, claims that arose before this Service Agreement or any alleged breach thereofprior agreement (including, but not limited to, claims relating to advertising), claims that are currently the subject of purported class action litigation in which You are not a member of a certified class and claims that may arise after the termination of this Service Agreement. For the purposes of this Section 14, references to “You” include Your subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all Authorized Users or unauthorized users or beneficiaries of the Service. YOU AGREE THAT, BY ENTERING INTO THIS SERVICE AGREEMENT, YOU AND PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This Service Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Service Agreement. (b) A party who intends to seek arbitration must first send to the other, by certified mail, a written notice (“Arbitration Notice”) using the notice details included in Section 18(h), as the same may be updated from time to time. The Arbitration Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If You and Provider do not reach an agreement to resolve the claim within 60 calendar days after the Arbitration Notice is received, You or Provider may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Provider or You shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which You or Provider is entitled. (c) The arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Service Agreement, and shall be administered by the AAA. The AAA Rules are available online at xxx.xxx.xxx, by calling the AAA at 0-000-000-0000 or by written request to Provider. The arbitrator shall be bound by the terms of this Service Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are reserved to the decision of a court of competent jurisdiction. Unless You and Provider agree otherwise, any arbitration hearings shall take place in the City of Richmond, Virginia. The right to a hearing shall be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The party initiating arbitration proceedings shall bear all the arbitration-related costs and expenses of both parties including, without limitation, legal fees and expenses. (d) 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 PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and Provider 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. (e) Notwithstanding any provision in this Service Agreement to the contrary, You and Provider agree that if Provider makes any future change to this arbitration provision (other than a change to the address to which an Arbitration Notice is to be sent), You may reject any such change by sending Provider written notice within 30 days of the change. By rejecting any future change, You agree that You will arbitrate any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, between You and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration Provider in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days language of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORthis provision.

Appears in 2 contracts

Samples: Residential Service Terms and Conditions Agreement, Residential Service Terms and Conditions Agreement

Agreement to Arbitrate. The undersigned parties agree that any disputes that may arise between them (including but not limited to any controversies Any controversy, claim or claims dispute arising out of or relating to this Agreement or any alleged breach thereofAgreement, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration solely and exclusively by a single binding arbitration process administered by JAMS/Endispute in Philadelphia, Pennsylvania. Such arbitration shall be conducted in accordance with the then-existing JAMS/Endispute Rules of Practice and Procedure, with the following exceptions if in conflict: (a) one arbitrator agreed who is a retired judge shall be chosen by JAMS/Endispute; (b) each Party to the arbitration will pay one-half of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the partiesarbitrator; and (c) arbitration may proceed in the absence of any Party if written notice (pursuant to the JAMS/Endispute rules and regulations) of the proceedings has been given to such Party. The Company shall pay its attorney’s fees and expenses and, unless the Arbitrator determines that Executive’s claim or if one cannot be agreed defense was frivolous or without merit, Executive’s attorney’s fees and expenses incurred in connection with any controversy, claim or dispute arising out of or relating to this Agreement. The Parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the partiesarbitrator shall be final and conclusive. All such controversies, then by claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided, however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or specific performance as provided in this Agreement. This dispute resolution process and any arbitration hereunder shall be confidential and neither any Party nor the neutral arbitrator shall disclose the existence, contents or results of such process without the prior written consent of all Parties, except where necessary or compelled in a three (3) person Court to enforce this arbitration panel which provision or an award from such arbitration or otherwise in a legal proceeding. If JAMS/Endispute no longer exists or is selected by the party of the first partyotherwise unavailable, the second member chosen by Parties agree that the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(sAmerican Arbitration Association (“AAA’) shall administer the arbitration in accordance with its then-existing rules as modified by this subsection. In such event, all references herein to JAMS/Endispute shall mean AAA. Notwithstanding the American Arbitration Associationforegoing, Commercial Arbitration Rules, Executive and judgment on the award rendered Company each have the right to resolve any issue or dispute over intellectual property rights by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days Court action instead of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORarbitration.

Appears in 2 contracts

Samples: Executive Restrictive Covenant and Severance Agreement (Axalta Coating Systems Ltd.), Executive Restrictive Covenant and Severance Agreement (Axalta Coating Systems Ltd.)

Agreement to Arbitrate. The undersigned Any claim to terminate a tenancy for the following reasons shall be resolved by both parties agree that any in the applicable County or District Court: (1) Failure of the Lessee to comply with the Community Rules and Regulations as referenced in paragraph 4 of this lease; (2) Failure of the Lessee to pay rent as referenced in paragraph 2 of this lease. Any and all other disputes that may arise between them (including but not limited Xxxxxx and Lessor shall be resolved by binding arbitration if requested by either party. This includes claims and disputes relating to any controversies other Account or claims arising out agreement you have or had with us. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER TENANTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or relating we may elect arbitration with respect to this Agreement any claim made by a new party or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration new claims later asserted in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORthat lawsuit.

Appears in 2 contracts

Samples: Manufactured Home Space Lease Agreement, Manufacturing Agreements

Agreement to Arbitrate. The undersigned parties agree that any disputes that may arise between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereofYou, Vulse, and Issuer agree to arbitrate any dispute over and all disputes arising from your attempted or actual use of the interpretation or scope Services ("Dispute") before a neutral arbitrator who has the power to award the same damages and relief that a court can. For purposes of this section "Issuer" includes any program partners, affiliates, and parties with whom we contract in order to offer the Cards. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST Vulse AND ISSUER. If any section of these arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which provisions is selected by the party of the first partyfound unenforceable, the second member chosen by the party of the second partyunenforceable provision will be severed, and the third member being selected by the first two arbitrators as previously selected by the partiesremaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration AssociationARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING.NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, Commercial Arbitration RulesNEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED FOR IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION THE AAA CODE OF CONSTITUTIONAL LAW OR CIVIL RIGHTSPROCEDURE. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORYour agreement to arbitrate and these related terms are made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16), and not any state arbitration law.

Appears in 1 contract

Samples: Consumer Cardholder Agreement

Agreement to Arbitrate. The undersigned parties You and we agree that either of us may elect to resolve any disputes that may arise between them Claims (including but as defined below) through binding arbitration unless you opt out of the agreement to arbitrate as set forth below. If you or we elect to resolve a Claim through arbitration, neither you nor we will have the right to pursue such claim in court or have a jury decide the claim, nor will you or we have the right to bring or participate in any class or other representative action in court or in arbitration. of such claim. This agreement to arbitrate shall not limited apply to any Claims or other disputes relating to business accounts or other non-personal accounts as such accounts are defined in Section II(I) of this Agreement. Other claims, disputes, controversies or claims arising out of issues not subject to arbitration are set forth in the section titled “Rights Preserved.” Arbitration Association (“AAA”), pursuant to its Consumer Arbitration Rules (collectively, “Rules”) in effect at the time a demand for arbitration is filed. The Rules are available online at xxx.xxx.xxx, or relating you may contact the AAA at 000 Xxxxxxxx, Xxxxx 00, Xxx Xxxx, X.X 00000, or by calling (000)000-0000. If the AAA is unable to serve and you and we cannot agree on a replacement, a court with jurisdiction will select the arbitrator. If there is a conflict between the Rules and this Agreement agreement to arbitrate, or any alleged breach thereofbetween this agreement to arbitrate and the Agreement, and any dispute over this agreement to arbitrate shall control. Pursuant to the interpretation or scope of this arbitration clause) shall be settled by arbitration by Rules, the AAA will select a single arbitrator agreed who shall have expertise in the substantive laws applicable to the Claim’s subject matter. If the value of relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on the submission of written documents, unless the Rules or arbitrator requires an in-person proceeding. If the value of the relief sought is more than $10,000, or an in-person proceeding is required, the arbitration proceeding shall be conducted in the same city as the U.S. District Court closest to your home address, unless the parties mutually agree upon a different location in writing. Either party may, at its sole cost and discretion, choose to be represented by an attorney at any arbitration proceeding. The arbitrator may award any damages or other relief provided for under applicable law as if an individual action were brought in court, including, without limitation, punitive damages (which shall be governed by the parties, or if one cannot be agreed to Constitutional standards employed by the partiescourts) and injunctive, then by a three equitable and declaratory relief (3) person arbitration panel which is selected by the party but only in favor of the first individual party seeking relief and only to the extent necessary to provide relief warranted by that party, the second member chosen by the party of the second party’s individual claim). If we made a written offer to you to settle your Claim prior to an arbitrator being selected, and the third member being selected by arbitrator awards you an amount greater than our last offer, if any, we will (i) pay you the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Associationarbitrator’s award or $5,000, Commercial Arbitration Ruleswhichever is greater, and judgment (ii) pay your reasonable attorney, witness and expert fees and costs, if any. Judgment on the arbitrator’s award rendered by the arbitrator(s) is final and binding and may be entered in any court having jurisdiction thereofof competent jurisdiction. The arbitrator, you and we will not disclose the existence, content or outcome of any arbitration proceeding; provided, however, that disclosures required by applicable law or regulation shall not be subject to such restriction. The forgoing sentence does not prohibit any party from, in good faith, investigating a claim or defense, including interviewing witnesses or otherwise engaging in discovery as permitted by the Rules. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this agreement to arbitrate. Notice, P.O. Box 413037, Kansas City, MO 64141-3037, and our notice will be sent to the most recent address for you in our files. If a party files a lawsuit in court asserting Claim(s) that are subject to arbitration and the other party files a motion to compel arbitration with the court which is granted, it will be the responsibility of the party asserting the Claim(s) to start the arbitration proceeding in accordance with the Rules. The arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Rules, this agreement to arbitrate, the Agreement, or applicable law. We will not seek to recover from you any fees or expenses we pay on your behalf, or any attorney, witness or expert fees or other costs or expenses we incur in defending an individual arbitration commenced by you. Notwithstanding the foregoing, if the arbitrator finds that a Claim is frivolous or brought in bad faith or for an improper purpose, then the payment of all fees, costs and expenses shall be entitled determined by the Rules. enforceable pursuant to punitivethe provisions of the Federal Arbitration Act (“FAA”) (9 U.S.C. § 1, consequential or treble damageset seq.). Notwithstanding anything to the contrary in the Agreement, to the extent that state law is applicable, including with respect to the interpretation and enforcement of this agreement to arbitrate, Missouri law shall apply to the extent consistent with the FAA. The arbitrator(s) selection process arbitrator shall decide the claim in accordance with applicable substantive law and the terms of this Agreement and shall apply all statutes of limitation and honor attorney- client and other privileges. to arbitrate, you may reject it (“opt out”). If you opt out, neither you, nor we, will be concluded subject to the requirement to resolve any claim by arbitration or any other provision of this Section IV. To opt out, you must send us written notice of your decision to reject this agreement to arbitrate to the address set forth below. We must receive your written notice by the parties within sixty later of: (60i) January 1, 2020, or (ii) thirty (30) days after we sent you this Agreement via US Mail, through electronic disclosure, provided it to you in person, or by other reasonable delivery method. Your written opt out notice must: (a) include a signed statement that you reject the agreement to arbitrate set forth in this Section IV of the Agreement; (b) include your name, address and the account number(s) you wish to opt out; and (c) be sent to us at the following address: Commerce Bank, Attn: ADR Deposit Account Opt Out, P.O. Box 414220, Kansas City, MO 64141-4220. This is the only way you can reject this agreement to arbitrate. If you opt out, it will not affect any other terms of this Agreement, and it will not adversely affect your account. If you have more than one deposit account with us your rejection of arbitration applies only to the account(s) you list on your opt out notice as described above, and will not apply to any other non-deposit accounts you may have with us, such as a partycredit card account, or any other products or services that we provide to you that are governed by a separate agreement between us and you. In the case of joint ownership of an account, one owner’s Notice rejection of Arbitrationthis agreement to arbitrate will be deemed to be a rejection of this agreement to arbitrate by all joint owners. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seqIn all other circumstances, your rejection of this agreement to arbitrate shall not be imputed to any other person or entity or be deemed to be a rejection of this agreement to arbitrate by any person or entity other than you. THE PARTIES HERETO ACKNOWLEDGE THAT Nor shall your rejection of this agreement to arbitrate eliminate the obligation of other persons or entities who wish to reject this agreement to arbitrate to personally comply with the notice and time requirements of this opt-out provision. Waiver of Jury Trial and Class or Representative Action. UNLESS YOU REJECT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING ARBITRATE IN ACCORDANCE WITH THE TERMS OF THIS DOCUMENT EACH PARTY UNDERSTANDS SECTION IV, YOU AND WE AGREE THAT HE IF A CLAIM IS ARBITRATED, NEITHER YOU NOR WE WILL NOT BE ABLE HAVE THE RIGHT TO BRING (i) PARTICIPATE IN A LAWSUIT CONCERNING CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, (ii) ACT AS A PRIVATE ATTORNEY GENERAL OR IN ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS OTHER REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED IN COURT OR IN ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES (iii) HAVE A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.COURT OR

Appears in 1 contract

Samples: Deposit Agreement

Agreement to Arbitrate. The undersigned parties agree that any disputes that may arise I. THE BANK AND YOU AGREE TO RESOLVE ALL DISPUTES INVOLVING THE BANK THROUGH BINDING ARBITRATION, WHETHER SUCH DISPUTES OR MATTERS IN QUESTION ARISE OUT, OF OR ARE RELATED TO, THIS AGREEMENT OR THE RELATIONSHIP BETWEEN YOU AND THE BANK RELATED TO YOUR DEPOSIT ACCOUNT, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. AT ARBITRATION, DISPUTES SHALL BE RESOLVED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”), IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OR CONSUMER ARBITRATION RULES (COLLECTIVELY, THE “RULES”) OF THE AAA, AS APPLICABLE, AND ALL SUCH PROCEEDINGS SHALL BE SUBJECT TO THE FEDERAL ARBITRATION ACT. ARBITRATION SHALL TAKE PLACE IN XXXX COUNTY, TEXAS, OR, IF XXXX COUNTY, TEXAS, IS NOT REASONABLYCONVENIENT FOR EITHER PARTY, SUCH OTHER LOCATION AS IS REASONABLY CONVENIENT FOR BOTH PARTIES. ANY PARTY THAT DESIRES TO ENFORCE AN ARBITRATION AWARD IN COURT MAY SEEK ENFORCEMENT OF THE ARBITRATION AWARD IN ANY COURT HAVING JURISDICTION THEREOF. II. Disputes between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, you and any dispute over the interpretation or scope of this arbitration clause) Bank shall be settled resolved by arbitration by a single arbitrator agreed to by the partiesone arbitrator, or if one cannot who shall be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration appointed in accordance with the American Arbitration AssociationRules. All costs, Commercial Arbitration Rules, fees and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party expenses of arbitration shall be entitled to punitive, consequential or treble damagespaid in accordance with the Rules. III. The arbitrator(s) selection process selected arbitrator shall be concluded by the parties within sixty (60) days of decide whether a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORparticular dispute is or is not arbitrable.

Appears in 1 contract

Samples: Gift Card Agreement

Agreement to Arbitrate. The undersigned parties agree that To the extent any disputes that may arise between them (including but not limited to any controversies controversy or claims Claim arising out of or relating to performance, breach, interpretation, or construction of this Agreement cannot be resolved by direct negotiations, the Parties hereby agree that any dispute, claim or any alleged breach thereofcontroversy arising out of or relating to the Terms of Use or the breach, and any dispute over the interpretation termination, enforcement, interpretation, or scope validity of this arbitration clauseAgreement, Terms of Use, or use of TSI’s Services, TSI Content, or User Content (collectively, “Disputes”) shall will be settled by binding arbitration, except that each party retains the right: i. to bring an individual action in small claims court and ii. to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of Illinois and each of the parties hereto waives any objection to jurisdiction and venue in such courts. CLIENT ACKNOWLEDGES AND AGREES TO THE PARTIES WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both Client and TSI otherwise agree in writing, the arbitrator may not consolidate more than one client’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific section is held unenforceable, then the entirety of the “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms. The arbitration by a single arbitrator agreed to will be administered by the parties, or if one cannot be agreed to by the parties, then by a three American Arbitration Association (3“AAA”) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at xxx.xxx.xxx/xxx_xxx or by calling the AAA at 0-000-000-0000.) The Federal Arbitration Act will govern the interpretation and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days enforcement of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORthis “Dispute Resolution” section.

Appears in 1 contract

Samples: Service Agreement

Agreement to Arbitrate. The undersigned parties agree that Notwithstanding anything contained in this Agreement to the contrary, any disputes that may arise between them (including but not limited to any controversies controversy, dispute or claims claim of whatsoever nature arising out of, in connection with, or in relation to the interpretation, performance or breach of this Agreement, including any claim based on contract, tort or statute (except for any controversy, dispute or claim relating to this Agreement or any alleged breach thereofthe Escrow, and any dispute over the interpretation or scope of this arbitration clause) and/or Escrow Reserve, which shall be settled by arbitration by a single arbitrator agreed subject to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party terms of the first party, Escrow Agreement and the second member chosen by the party laws of the second partyState regarding actions of interpleader), shall be determined by final and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the binding, confidential arbitration in accordance with the then current American Health Lawyers Association dispute resolution rules (“AHLA”), by a sole arbitrator selected by mutual agreement of the Parties from among the AHLA panel of certified arbitrators; provided, however, that if AHLA (or any successor organization thereto) no longer exists, then such arbitration shall be administered by the American Arbitration Association, Association (“AAA”) in accordance with its then-existing Commercial Arbitration Rules, and the sole arbitrator shall be selected in accordance with such AAA rules. In the event that the Parties do not reach mutual agreement on the selection of the sole arbitrator, then each Party shall select an arbitrator in accordance with the applicable rules, and the two arbitrators so selected shall appoint a third arbitrator who shall act as the chair of the panel. Any arbitration hereunder shall be governed by the United States Arbitration Act, 9 U.S.C. 1-16 (or any successor legislation thereto), and judgment on upon the award rendered by the arbitrator(s) arbitrator may be entered in by any state or federal court having jurisdiction thereof. No Neither Buyer, Seller nor the arbitrator shall disclose the existence, content or results of any arbitration hereunder without the prior written consent of all parties; provided, however, that either party may disclose the existence, content or results of any such arbitration to its partners, officers, directors, employees, agents, attorneys and accountants and to any other person or entity to whom disclosure is required by applicable law, including pursuant to an order of a court of competent jurisdiction. Unless otherwise agreed by the parties, any arbitration hereunder shall be entitled to punitive, consequential or treble damagesheld at a neutral location selected by the arbitrator in the State. The arbitrator(scost of the arbitrator and the expenses relating to the arbitration (exclusive of legal fees) selection process shall be concluded borne equally by Buyer and Seller unless otherwise specified in the parties within sixty (60) days award of a the arbitrator. Fees and costs paid or payable to the arbitrator shall be included in “costs and reasonable attorneys’ fees” as used elsewhere in this Agreement and the arbitrator shall specifically have the power to award to the prevailing party such party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORcosts and expenses incurred in such arbitration, including fees and costs paid to the arbitrator.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Agreement to Arbitrate. The undersigned parties agree that any Any disputes that may arise between them (including but not limited to any controversies or claims arising out of or relating related to this Agreement and/or any use by you of the Application shall be submitted to arbitration before a single arbiter in Denver, Colorado, according to the rules and practices of the Judicial Arbiter Group, Inc. (JAG) or any alleged breach thereofother private arbitration company or firm acceptable to all parties. This submission and agreement to arbitrate shall be specifically enforceable. Arbitration may proceed in the absence of any party if notice of the proceedings has been given to such party. All awards rendered in such proceedings shall be final and binding on all parties and may be filed with the clerk of one or more courts, and any dispute state or federal, having jurisdiction over the interpretation party against whom such award is rendered or scope his property as a basis of this arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party judgment and of the first party, the second member chosen by the party issuance of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereofexecution for its collection. No party shall be entitled considered in default hereunder during the pendency of arbitration proceedings relating to punitive, consequential or treble damagessuch default. The arbitrator(s) selection process This Agreement shall be concluded governed by and interpreted according to the laws of the State of Colorado, without regard to conflicts of laws principles. This XXXX shall not be governed by the parties within sixty United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. WE AND YOU AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH WE AND YOU AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (60INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) days ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. IF YOU ARE A NEW USER OF THE APPLICATION, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE BY EMAILING US A WRITTEN NOTICE TO OPT-OUT (“OPT-OUT NOTICE”) AT XXXX@XXXX-XXXXXX.XXX. THE OPT-OUT NOTICE MUST BE SENT NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE AGREEMENT FOR THE FIRST TIME. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of or as a result of a party’s Notice decision by the arbitrator or a court order, you hereby irrevocably consent and submit to the exclusive jurisdiction and venue of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORthe state and federal courts for the City of Denver, State of Colorado for the purpose of adjudicating any dispute or claim arising out of or related to this Agreement and/or any use by you of the Application and to the personal jurisdiction of such courts over you.

Appears in 1 contract

Samples: End User License Agreement

Agreement to Arbitrate. The undersigned parties You and we agree that any disputes Dispute that may arise between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by resolved through the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the procedures set forth above will be resolved through binding arbitration in accordance with the American Arbitration Association, Commercial Arbitration Association Rules, . The place of arbitration shall be in the U.S. Virgin Islands and judgment on conducted remotely to the greatest extent possible. The language of the arbitration shall be English. The arbitrator's award rendered by of damages must be consistent with the arbitrator(s) terms of the "Limitation of Liability" subsection of these Terms as to the types and amounts of damages for which a party may be entered in any court having jurisdiction thereofheld liable. No The prevailing party shall will be entitled to punitivean award of their reasonable attorney's fees and costs. Except as may be required by law, consequential neither a party nor its representatives may disclose the existence, content, or treble damagesresults of any arbitration hereunder without the prior written consent of all parties. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of ArbitrationYOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. ACKNOWLEDGMENT FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH CLASS OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORREPRESENTATIVE PROCEEDING.

Appears in 1 contract

Samples: Terms of Service

Agreement to Arbitrate. The undersigned parties agree Picard and the Company recognize that any disputes that differences may arise between them thxx xxxing or following the Employee's employment with the Company, and that those differences may or may not be related to the grant of the Option herein or to the Employee's employment. Picard understands and agrees that by entering into this Agreement, Pixxxx xnticipates the benefits of a speedy, impartial dispute-resolutxxx xxocedure of any such differences. As used in this Section 18.12 and its subparts, the "Company" shall also refer to all benefit plans, the benefit plans' sponsors, fiduciaries, administrators, affiliates, and all successors and assigns of any of them. (a) Arbitrable Claims. (i) ALL DISPUTES BETWEEN PICARD (AND ITS PERMITTED SUCCESSORS AND ASSIGNS) AND THE COMPANY (AND XXX XFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS AND PERMITTED SUCCESSORS AND ASSIGNS) RELATING IN ANY MANNER WHATSOEVER TO THIS AGREEMENT OR TO EMPLOYEE'S EMPLOYMENT OR TO THE TERMINATION THEREOF (COLLECTIVELY, AARBITRABLE CLAIMS") SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION. Arbitrable Claims shall include, but are not limited to, contract (express or implied) and tort claims of all kinds, as well as all claims based on any federal, state, or local law, statute, or regulation (including but not limited to any controversies claims alleging unlawful harassment or discrimination in violation of Title VII and/or Title IX of the U.S. Code, of the Age Discrimination in Employment Act, of the Americans with Disabilities Act, of state statute, or otherwise), excepting only claims arising out of or relating to this Agreement or any alleged breach thereofunder applicable workers' compensation law and unemployment insurance claims. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitrable Claims. Except as provided in Section 18.12(a)(ii), and any dispute over the interpretation or scope of this arbitration clauseArbitrator (as defined below) shall be settled by arbitration by decide whether a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which claim is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seqan Arbitrable Claim. THE PARTIES HERETO ACKNOWLEDGE HEREBY WAIVE ANY RIGHTS THAT THIS DOCUMENT CONTAINS AN AGREEMENT THEY MAY HAVE TO ARBITRATETRIAL BY JURY IN REGARD TO ARBITRABLE CLAIMS. (ii) NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, HOWEVER, THE COMPANY MAY ENFORCE IN COURT, WITHOUT PRIOR RESORT TO ARBITRATION, ANY CLAIM CONCERNING ACTUAL OR THREATENED UNFAIR COMPETITION AND/OR THE ACTUAL OR THREATENED USE AND/OR UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL OR PROPRIETARY INFORMATION OF THE COMPANY. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORThe court shall determine whether a claim concerns actual or threatened unfair competition and/or the actual or threatened use and/or unauthorized disclosure of confidential or proprietary information of the Company.

Appears in 1 contract

Samples: Stock Option Agreement (Individual Investor Group Inc)

Agreement to Arbitrate. The undersigned parties You and Braintree agree that any and all disputes or claims that have arisen or may arise between them you and Braintree shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this provision. THE PARTIES ALSO AGREE THAT YOU AND BRAINTREE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BRAINTREE AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER BRAINTREE MERCHANTS. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Braintree may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Braintree subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Braintree may attend by telephone, unless required otherwise by the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with the laws of the State of Delaware, including but not limited to any controversies or claims arising out recognized principles of or relating to this Agreement or any alleged breach thereofequity, and any dispute over the interpretation or scope will honor all claims of this arbitration clause) shall be settled privilege recognized by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the partieslaw. The arbitrator(s) shall administer not be bound by rulings in prior arbitrations involving different merchants, but is/are bound by rulings in prior arbitrations involving the same merchant to the extent required by applicable law. The arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, award shall be final and binding and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.

Appears in 1 contract

Samples: Payment Services Agreement

Agreement to Arbitrate. THE PARTIES MUTUALLY AGREE THAT ANY CLAIM OR DISPUTE BETWEEN THEM ARISING FROM OR RELATING TO THIS AGREEMENT, THE LEADER PAY PROGRAM OR THE RIGHTS OF THE PARTIES UNDER THIS AGREEMENT WHICH CANNOT BE RESOLVED BY NEGOTIATION OR MEDIATION SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION BEFORE A SINGLE ARBITRATOR PURSUANT TO THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”). The undersigned parties Commercial Rules of the AAA are available at xxx.xxx.xxx. BY AGREEING TO ARBITRATE, THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. a. In the event the AAA is unwilling or unable to hear the dispute, the Parties shall agree that to, or an appropriate court shall select, another arbitration provider. Unless otherwise agreed upon by the Parties, any disputes that arbitration hearing shall take place in Dallas, Texas, although either party may arise elect to participate in the arbitration by telephone. The Party filing the Demand for Arbitration shall be responsible for the initial filing fees and costs charged by AAA and the respondent shall be responsible for payment of filing fees for any Cross-Complaint or Counterclaim. The Parties shall share equally the costs of case management fees, arbitrator fees or other fees charged by AAA other than the filing fees referenced above. The Parties shall bear their own costs for attorney’s fees, court reporter fees, transcript fees and other litigation costs. b. Although this agreement to arbitrate is made and entered into between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereofthe Leader and VIVRI, VIVRI’s affiliates, owners, members, managers, and any dispute over employees (“Related Parties”) are intended third party beneficiaries of the interpretation or scope Agreement, including this agreement to arbitrate. c. This agreement to arbitrate shall survive the termination of this arbitration clause) Agreement. Any issues related to the arbitrability of any claim, or the scope, validity or enforceability of this agreement to arbitrate shall be settled by arbitration by a single arbitrator agreed to determined by the partiesarbitrator. If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or if one cannot be agreed to by the parties, then by hand delivery via courier. The Demand for Arbitration must include a three (3) person arbitration panel which is selected by the party statement of the first party, the second member chosen by the party legal and factual basis of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesclaim(s) to be arbitrated. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party parties shall be entitled to punitive, consequential or treble damagesall discovery rights permitted by the Federal Rules of Civil Procedure and the parties shall be permitted to bring motions under FRCP Rules 12 and 56. The arbitrator(s) selection process decision of the arbitrator shall be concluded by final and binding on the parties within sixty (60) days and may, if necessary, be reduced to a final judgment in a court of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORcompetent jurisdiction.

Appears in 1 contract

Samples: Independent Leader Agreement

Agreement to Arbitrate. The undersigned (i) Unless the parties otherwise specifically agree that in writing, any disputes that may arise Arbitrable Dispute between them (including but not limited the parties hereto will be submitted to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled finally resolved by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the Arbitration Rules, as the rules may be modified in this Agreement, and each of the parties agrees that (a) the procedures set forth in this ‎Section 8.02(e) will be the sole and exclusive manner by which any Arbitrable Dispute will be claimed and such party irrevocably waives any right to begin any Action in or before any Governmental Authority relating to an Arbitrable Dispute; and (b) such party irrevocably waives any right to any trial by jury with respect to any Arbitrable Dispute. (ii) In the event of an Arbitrable Dispute, any party may deliver an Arbitration Demand Notice in respect of such Arbitrable Dispute to the parties to the dispute in the manner set forth in ‎Section 9.04 (the date such Arbitration Demand Notice is so delivered, the “Arbitration Demand Date”). The forum for such arbitration will be agreed on by the Parties or, in the absence of any agreement, will be in a venue located in New York City. (iii) Arbitration will be conducted by a panel of three arbitrators selected as provided in this ‎Section 8.02(e). In connection with any Arbitrable Dispute in respect of which an Arbitration Demand Notice has been delivered, each party, within five (5) days of the Arbitration Demand Date, shall select one person to act as arbitrator and the two selected shall select a third arbitrator within five (5) days of their appointment. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator, within such timeframe, the third arbitrator shall be selected by the American Arbitration Association. In connection with the selection of the arbitrators, Commercial consideration will be given to familiarity with transactions in the Company’s industry and experience in dispute resolution, as a judge or otherwise. Notwithstanding anything to the contrary in this Agreement, the rules of the American Arbitration RulesAssociation relating to the selection of arbitrators and the location of arbitrations shall not apply to arbitrations hereunder. If an arbitrator cannot continue to serve, a successor will be selected by the same manner in which his or her predecessor was chosen. If such withdrawal occurs after the arbitration hearing has begun but before a final decision has been delivered, a full rehearing will be held if, and only if, the remaining arbitrators unanimously agree that a rehearing is appropriate. (iv) The final decision of the arbitration panel will be rendered in writing to the parties not later than forty-five (45) days after the Arbitration Demand Date, unless otherwise agreed by the parties in writing. The decision of the arbitration panel will be final and binding on the parties, and judgment on the award rendered by the arbitrator(s) thereon may be entered had and will be enforceable in any court having jurisdiction thereofover the Parties. No The arbitrator or arbitrators will be guided, but not bound, by the Federal Rules of Evidence and by the procedural rules, including discovery provisions, of the Federal Rules of Civil Procedure. Any discovery will be limited to information directly relevant to the controversy or claim in arbitration. (v) The arbitration panel will give effect to the applicable provisions of this Agreement and follow applicable Law and will have full power and authority to determine issues of arbitrability and to interpret or construe the applicable provisions of this Agreement and to determine the amount of any damages in respect of such Arbitrable Dispute, subject to the terms and limitations of this Agreement. If a Party fails or refuses to appear at and participate in an arbitration hearing after due notice, the arbitrator may hear and determine the controversy on evidence produced by the appearing Party. (vi) The interpretation of the provisions of this ‎Section 8.02(e), only insofar as they relate to the agreement to arbitration and any procedures pursuant thereto, will be governed by the Federal Arbitration Act and other applicable federal Law. In all other respects the interpretation of this Agreement will be governed as set forth in ‎Section 9.07. (vii) Subject to the last sentence of ‎Section 8.02(a), the Company’s obligations pursuant to this ‎Section 8.02, including the obligation to pay the Termination Fee, shall survive termination of this Agreement and shall constitute an allowed administrative expense of the Companies. (viii) Each party agrees that in the event of any arbitration pursuant to this ‎Section 8.02(e), the aggregate Expenses of each party in connection with any Arbitrable Dispute (including the reasonable and documented fees and expenses of counsel, any expert witnesses and the arbitration panel) shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded borne as determined by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORarbitration panel.

Appears in 1 contract

Samples: Investment Agreement (Frontier Airlines Holdings, Inc.)

Agreement to Arbitrate. The undersigned parties agree that (a) Except as otherwise specifically provided in any disputes Ancillary Agreement, the procedures for discussion, negotiation and arbitration set forth in this Section 6.1 hereto shall apply to all disputes, controversies or claims (each a "Dispute") that may arise between them (including but not limited to any controversies or claims arising out of or relating to relate to, or arise under or in connection with this Agreement or any alleged breach thereofAncillary Agreement, or the transactions contemplated hereby or thereby (including all actions taken in furtherance of the transactions contemplated hereby or thereby on or prior to the date hereof), or the commercial or economic relationship of the parties relating hereto or thereto, between or among any member of the Intelligroup Group and the SeraNova Group. Each party agrees on behalf of itself and each other member of its respective Group that any dispute over the interpretation or scope of this arbitration clause) Dispute shall be settled by arbitration by a single arbitrator agreed submitted to by the partiesbinding arbitration, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the dispute resolution procedures specified in this Section. If any of these procedures are determined to be invalid or unenforceable, the remaining procedures shall remain in effect and binding on the parties to the fullest extent permitted by law. (b) The arbitration shall be held in Edison, New Jersey before a panel of three arbitrators. Any member or members of the SeraNova Group or the Intelligroup Group, as applicable, may by notice to the applicable member or members of the SeraNova Group or the Intelligroup Group, as applicable, demand arbitration, by serving on the other party a statement of the Dispute and the facts relating or giving rise thereto, in reasonable detail, and the name of the arbitrator selected by it. Within fifteen (15) days after receipt of such notice, the other party shall name its arbitrator, and the two arbitrators named by the parties shall, within fifteen (15) days after the date of such notice, select the third arbitrator. (c) The arbitration shall be conducted in accordance with the procedures specified in this Section and shall be governed by the Commercial Arbitration Rules of the American Arbitration Aribitration Association, Commercial as may be amended from time to time. In the event of a conflict, the provisions of this Section shall control. (d) Any issue concerning the extent to which any Dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration RulesAct and resolved by the arbitrators. No potential arbitrator may serve on the panel unless first agreeing in writing to abide and be bound by these procedures. The arbitrators may not award non-monetary or equitable relief of any sort. They shall have no power to award damages inconsistent with this Agreement or punitive damages or any other damages not measured by the prevailing party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these procedures is adjudged invalid or unenforceable, shall the arbitrators have power to make an award or impose a remedy that could not be made or imposed by a court deciding the matter in the same jurisdiction. (e) No discovery shall be permitted in connection with the arbitration unless expressly authorized by the arbitration panel upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration shall be treated as confidential. Neither the parties nor the arbitrators may disclose the existence, content or results of the arbitration, except as necessary to comply with legal or regulatory requirements. Before making any such disclosure, a party shall give written notice to all other parties and afford such parties a reasonable opportunity to protect their interest. The result of the arbitration shall be a final decision that is binding on the parties, and judgment on the arbitrators' award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereofjurisdiction. No party The cost of such arbitration shall be entitled borne equally by the parties. (f) This Section shall not apply to punitive, consequential any Dispute arising out of or treble damagesrelating to the ownership of intellectual property. The arbitrator(s) selection process application of this Section to any other Dispute shall be concluded waived only by the parties within sixty (60) days written agreement of a party’s Notice Intelligroup and SeraNova. This Section shall be terminated only by written agreement of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORIntelligroup and SeraNova.

Appears in 1 contract

Samples: Contribution Agreement (Intelligroup Inc)

Agreement to Arbitrate. (a) ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE NESSLE OFFERINGS OR NESSLE MATERIALS, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THE (b) This agreement to arbitrate covers Claims that arose or were asserted before you entered into this agreement with Nessle. (c) The undersigned arbitrator’s award will state the essential findings of fact and conclusions or law upon which the arbitrator based the award. The arbitrator’s award of damages must be consistent with this Agreement, which limits the categories and amounts of damages for which a party may be liable. The arbitrator will have the authority to award attorney’s fees to the prevailing party in the arbitration award. (d) You have the right to opt out of the agreement to arbitrate in this Section 19 or any amendment to this Section 19 by sending a written notice to Nessle (with your name, email address, postal address, and Service Username) within thirty days after first becoming subject to this Agreement to Arbitrate or any amendment of it. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (A) YOU WILL BE PERMITTED ONLY TO PURSUE CLAIMS AND SEEK RELIEF AGAINST NESSLE ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (B) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND YOU ARE WAIVING YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS. To the maximum extent permitted by applicable law, each party agrees to waive the right to trial by jury, each party agrees that no arbitration or Claim under this Agreement will be joined with any other arbitration or Claim, no class arbitration proceedings will occur, and each party waives any rights to class arbitration. Opting out of an amended version of this Section 19 does not affect your agreement to arbitrate disputes before the date you opt out. Opting out of the agreement to arbitrate will not affect any other section of this Agreement. (e) Nothing in this Agreement will be construed to preclude a party from bringing an individual action in small claims court for amounts in controversy not exceeding $1,000. (f) Nothing in this Agreement will be construed to preclude a party from seeking injunctive relief, damages, or other relief based on a breach of Section 11, or an infringement of a party’s Intellectual Property Rights. (g) The parties agree that irrevocably consent to the jurisdiction of the federal and state courts located in the City of Richmond, Virginia U.S.A. for the purpose of resolving any disputes that may arise between them (including but action at law or in equity not limited subject to any controversies or claims arbitration arising out of or relating to this Agreement Agreement, or any alleged brought by party arising out of or relating to such Intellectual Property Rights or a breach thereof, and any of Section 11. (h) The parties may vary the dispute over the interpretation or scope of resolution procedures in this arbitration clause) shall be settled by arbitration Section by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORlater written agreement.

Appears in 1 contract

Samples: Terms of Service

Agreement to Arbitrate. THE PARTIES MUTUALLY AGREE THAT ANY CLAIM OR DISPUTE BETWEEN THEM ARISING FROM OR RELATING TO THIS AGREEMENT, THE COMPENSATION PLAN OR THE RIGHTS OF THE PARTIES UNDER THIS AGREEMENT WHICH CANNOT BE RESOLVED BY NEGOTIATION OR MEDIATION SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION BEFORE A SINGLE ARBITRATOR PURSUANT TO THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”). The undersigned parties Commercial Rules of the AAA are available at xxx.xxx.xxx. BY AGREEING TO ARBITRATE, THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. a. In the event the AAA is unwilling or unable to hear the dispute, the Parties shall agree that to, or an appropriate court shall select, another arbitration provider. Unless otherwise agreed upon by the Parties, any disputes that arbitration hearing shall take place in Los Angeles, California, although either Party may arise elect to participate in the arbitration by telephone. The Party filing the Demand for Arbitration shall be responsible for the initial filing fees and costs charged by AAA and the respondent shall be responsible for payment of filing fees for any Cross-Complaint or Counterclaim. The Parties shall share equally the costs of case management fees, arbitrator fees or other fees charged by AAA other than the filing fees referenced above. The Parties shall bear their own costs for attorney’s fees, court reporter fees, transcript fees and other litigation costs. b. Although this agreement to arbitrate is made and entered into between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereofPartner and Qyral, Qyral’s affiliates, owners, members, managers, and any dispute over employees (“Related Parties”) are intended third party beneficiaries of the interpretation or scope Agreement, including this agreement to arbitrate. c. This agreement to arbitrate shall survive the termination of this arbitration clause) Agreement. Any issues related to the arbitrability of any claim, or the scope, validity or enforceability of this agreement to arbitrate shall be settled by arbitration by a single arbitrator agreed to determined by the partiesarbitrator. If either Party wishes to initiate arbitration, the initiating Party must notify the other Party in writing via certified mail, return receipt requested, or if one cannot be agreed to by the parties, then by hand delivery via courier. The Demand for Arbitration must include a three (3) person arbitration panel which is selected by the party statement of the first party, the second member chosen by the party legal and factual basis of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesclaim(s) to be arbitrated. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party parties shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process all discovery rights permitted by the Federal Rules of Civil Procedure and the parties shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO permitted to bring motions under FRCP Rules 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.and

Appears in 1 contract

Samples: Consulting Partner Agreement

Agreement to Arbitrate. The undersigned parties If you are a Rollback Rx or Reboot Restore Rx customer and acquired the Software as a U.S. resident, you and Horizon Datasys Inc agree that any disputes that may arise between them (including but not limited to any controversies dispute, claim, or claims controversy arising out of or relating to this Agreement or any alleged breach thereofthe breach, and any dispute over the termination, enforcement, interpretation or scope validity thereof or the use of this arbitration clausethe Software (collectively, “Disputes“) shall will be settled by arbitration by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a single arbitrator agreed court of competent jurisdiction to by prevent the partiesactual or threatened infringement, misappropriation or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action“). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Horizon Datasys Inc with written notice of your desire to do so by email to xxxxx@xxxxxxxxxxxxxx.xxx within 30 days following the date you first purchase or obtain the Software (such notice, an “Arbitration Opt-out Notice“). If you don’t provide Horizon Datasys Inc with an Arbitration Opt-out Notice within the 30-day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of Arbitrationany IP Protection Action or, if you timely provide Client with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seqUnless you timely provide Client with an Arbitration Opt-out Notice, you acknowledge and agree that you and Horizon Datasys Inc are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATEFurther, unless both you and Horizon Datasys Inc otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTSIf this specific paragraph is held unenforceable, then the entirety of this Section will be deemed void. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORExcept as provided in the preceding sentence, this Section will survive any termination of this Agreement.

Appears in 1 contract

Samples: Software License Agreement

Agreement to Arbitrate. The undersigned parties agree that (a) Notwithstanding anything to the contrary contained in this Agreement or the Surviving Agreements and Rights, any disputes that may arise between them (including but not limited to any controversies controversy, dispute or claims claim arising out of or relating to this Agreement or any alleged of the Surviving Agreements and Rights or the breach thereof, and any dispute over the interpretation hereof or scope of this arbitration clause) shall thereof which cannot be settled by arbitration mutual agreement shall be finally settled by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the binding arbitration in accordance with the American Federal Arbitration AssociationAct (or if not applicable, Commercial Arbitration Rulesthe applicable state arbitration law) as follows: Any party who is aggrieved shall deliver a notice to the other party (or parties) setting forth the specific points in dispute. Any points remaining in dispute twenty (20) days after the giving of such notice may be submitted to arbitration in New York, New York, or Los Angeles, California, whichever the complaining party may choose, to Jams/Endispute, before a single arbitrator appointed in accordance with the arbitration rules of Jams/Endispute, modified only as herein expressly provided. After the aforesaid twenty (20) days, either party (or parties), upon ten (10) days notice to the other(s), may so submit the points in dispute to arbitration. The arbitrator may enter a default decision against any party who fails to participate in the arbitration proceedings. (b) The decision of the arbitrator on the points in dispute will be final, unappealable and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereofjurisdiction (c) Except as otherwise provided in this Agreement or any of the Surviving Agreements and Rights, the arbitrator will be authorized to apportion its fees and expenses and the reasonable attorneys fees and expenses of any such party as the arbitrator deems appropriate. No In the absence of any such apportionment, the fees and expenses of the arbitrator will be borne equally by each party (or, as applicable, group of related parties), and each party will bear the fees and (d) The parties agree that this Section has been included to rapidly and inexpensively resolve any disputes between them with respect to this Agreement or any of the Surviving Agreements and Rights, and that this Section shall be entitled grounds for dismissal of any court action commenced by any party with respect to punitivethis Agreement or any of the Surviving Agreements and Rights, consequential other than post-arbitration actions (e) The parties shall keep confidential, and shall not disclose to any person, other than to the arbitrator in the normal course of any proceeding in this Section 7, or treble damages. The arbitrator(s) selection process shall except as may be concluded required by law, the parties within sixty (60) days existence of a party’s Notice any controversy hereunder, the referral of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.any such controversy to

Appears in 1 contract

Samples: Settlement Agreement (Cuc International Inc /De/)

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Agreement to Arbitrate. The undersigned parties agree that any disputes that may arise between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE SHE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.

Appears in 1 contract

Samples: Employment Agreement (Casella Waste Systems Inc)

Agreement to Arbitrate. The undersigned parties You agree that any disputes that may arise between them (including but not limited to any controversies dispute, claim or claims controversy arising out of or relating to this Agreement these Terms or any alleged breach thereofthe Services (collectively, and any dispute over the interpretation or scope of this arbitration clause“Disputes”) shall will be settled by arbitration by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a single arbitrator agreed court of competent jurisdiction to by prevent the partiesactual or threatened infringement, misappropriation or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at xxxxx@xxxxxxxxx.xxx within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of Arbitrationany IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the Western District of Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seqUnless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATEFurther, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTSIf a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Western District of Texas. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORAll other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.

Appears in 1 contract

Samples: Membership Terms of Service

Agreement to Arbitrate. THE PARTIES MUTUALLY AGREE THAT ANY CLAIM OR DISPUTE BETWEEN THEM ARISING FROM OR RELATING TO THIS AGREEMENT OR THE RIGHTS OF THE PARTIES UNDER THIS AGREEMENT WHICH CANNOT BE RESOLVED BY NEGOTIATION OR MEDIATION SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION BEFORE A SINGLE ARBITRATOR PURSUANT TO THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”). The undersigned parties Commercial Rules of the AAA are available at xxx.xxx.xxx. BY AGREEING TO ARBITRATE, THE PARTIES EXPRESSLY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. a. In the event the AAA is unwilling or unable to hear the dispute, the Parties shall agree that to, or an appropriate court shall select, another arbitration provider. Unless otherwise agreed upon by the Parties, any disputes that arbitration hearing shall take place in Sacramento, CA, although either party may arise elect to participate in the arbitration by telephone. The Party filing the Demand for Arbitration shall be responsible for the initial filing fees and costs charged by AAA and the respondent shall be responsible for payment of filing fees for any Cross-Complaint or Counterclaim. The Parties shall share equally the costs of case management fees, arbitrator fees or other fees charged by AAA other than the filing fees referenced above. The Parties shall bear their own costs for attorney’s fees, court reporter fees, transcript fees and other litigation costs. b. Although this agreement to arbitrate is made and entered into between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereofthe Associate and HALO, HALO’s affiliates, owners, members, managers, and any dispute over employees (“Related Parties”) are intended third party beneficiaries of the interpretation or scope Agreement, including this agreement to arbitrate. c. This agreement to arbitrate shall survive the termination of this arbitration clause) Agreement. Any issues related to the arbitrability of any claim, or the scope, validity or enforceability of this agreement to arbitrate shall be settled by arbitration by a single arbitrator agreed to determined by the partiesarbitrator. If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or if one cannot be agreed to by the parties, then by hand delivery via courier. The Demand for Arbitration must include a three (3) person arbitration panel which is selected by the party statement of the first party, the second member chosen by the party legal and factual basis of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesclaim(s) to be arbitrated. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party parties shall be entitled to punitive, consequential or treble damagesall discovery rights permitted by the Federal Rules of Civil Procedure and the parties shall be permitted to bring motions under FRCP Rules 12 and 56. The arbitrator(s) selection process decision of the arbitrator shall be concluded by final and binding on the parties within sixty (60) days and may, if necessary, be reduced to a final judgment in a court of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORcompetent jurisdiction.

Appears in 1 contract

Samples: Independent Associate Agreement

Agreement to Arbitrate. The undersigned parties You, Xxxxxxxxxx and Issuer agree that to arbitrate any and all disputes that may arise between them arising from your attempted or actual use of the Card (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause“Dispute”) shall be settled by arbitration by a single neutral arbitrator agreed who has the power to by award the partiessame damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, or if one cannot be agreed to by the partiesCLASS ACTIONS, then by a three (3) person PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST XXXXXXXXXX AND ISSUER. If any section of these arbitration panel which provisions is selected by the party of the first partyfound unenforceable, the second member chosen by the party of the second partyunenforceable provision will be severed, and the third member being selected by the first two arbitrators as previously selected by the partiesremaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration AssociationARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, Commercial Arbitration RulesNEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED FOR IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION THE AAA CODE OF CONSTITUTIONAL LAW OR CIVIL RIGHTSPROCEDURE. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORYour agreement to arbitrate and these related terms are made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1- 16), and not any state arbitration law.

Appears in 1 contract

Samples: Cardholder Agreement

Agreement to Arbitrate. The undersigned You and we agree that both parties shall attempt to informally settle any and all disputes arising out of, affecting, or relating to the Services, your accounts, and/or any of the other products or services we have provided, will provide or have offered to provide to you, and/or any aspect of your relationship with us (hereafter referred to as the “Claims”). If that cannot be done, then you agree that any disputes and all Claims that may arise between them are threatened, made, filed or initiated after the Effective Date (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope defined below) of this Arbitration and Waiver of Class Action provision (“Arbitration Agreement”), even if the Claims arise out of, affect or relate to conduct that occurred prior to the Effective Date, shall, at the election of either you or us, be resolved by binding arbitration clauseadministered by the American Arbitration Association (“AAA”) in accordance with its applicable rules and procedures for consumer disputes (“Rules”), whether such Claims are in contract, tort, statute, or otherwise. The Rules can be obtained on the AAA website free of charge at xxx.xxx.xxx; or, a copy of the Rules can be obtained at any branch upon request. Either you or we may elect to resolve a particular Claim through arbitration, even if one of us has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court. AS A RESULT, IF EITHER YOU OR WE ELECT TO RESOLVE A PARTICULAR CLAIM THROUGH ARBITRATION, YOU WILL GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS ACCOUNT AGREEMENT (EXCEPT FOR CLAIMS BROUGHT INDIVIDUALLY WITHIN SMALL CLAIMS OR COUNTY COURT JURISDICTION, SO LONG AS THE CLAIM REMAINS IN SMALL CLAIMS OR COUNTY COURT). This Arbitration Agreement shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, interpreted and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration enforced in accordance with the American Federal Arbitration AssociationAct set forth in Title 9 of the U.S. Code to the fullest extent possible, Commercial notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. This Arbitration RulesAgreement does not prevent you from submitting any issue relating to your accounts for review or consideration by a federal, state, or local governmental agency or entity, nor does it prevent such agency or entity from seeking relief on your behalf. This Arbitration Agreement shall not apply to claims that are initiated in or transferred to small claims or county court, as both parties acknowledge that small claims and judgment on the award rendered by the arbitrator(s) county court may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days more efficient means of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORresolving disputes involving low dollar values.

Appears in 1 contract

Samples: Digital Banking Agreement

Agreement to Arbitrate. The undersigned parties agree that any disputes that If a dispute arises between you and us, either may arise between them choose to resolve the dispute by binding arbitration, as described below, instead of in court. Any claim (including but not limited to any controversies except for a claim challenging the validity or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope enforceability of this arbitration clauseagreement, including the Class Action Waiver) may be resolved by binding arbitration if either side requests it. This includes claims and disputes relating to any other Account or agreement you have or had with us. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. CLASS ACTION WAIVER. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER TENANTS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall be settled by determine the validity and effect of the Class Action Waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a single arbitrator agreed new party or any new claims later asserted in that lawsuit. Your Right to Go To Small Claims Court: We will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed or appealed to a different court, we may then choose to arbitrate. Governing Law and Rules. This arbitration agreement is governed by the parties, or if one cannot be agreed to by the parties, then by a three Federal Arbitration Act (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesFAA). The arbitrator(s) shall administer the arbitration in accordance Arbitration must proceed only with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(sAssociation (AAA) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damagesJAMS. The arbitrator(s) selection process shall rules for the arbitration will be concluded by those in this arbitration agreement and the parties within sixty (60) days procedures of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORthe chosen arbitration organization, but the rules in this arbitration agreement will be followed if there is disagreement.

Appears in 1 contract

Samples: Lease Agreement

Agreement to Arbitrate. The undersigned parties You and MarketLyst each agree that any and all disputes that may arise between them (including but not limited to any controversies or claims arising that have arisen, or may arise, between you and MarketLyst (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of MarketLyst or its agents, or any contracts or services fulfilled, offered, or used through our Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. YOU AND MARKETLYST AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND MARKETLYST AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and MarketLyst's right to appeal the court's decision. All other claims will be arbitrated. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or any alleged breach thereof, and any dispute over the interpretation or scope of the first section of this arbitration clause) Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non- Individualized Relief"), shall be settled by for a court of competent jurisdiction to decide. The arbitration by a single arbitrator agreed to will be conducted by the partiesAmerican Arbitration Association ("AAA") under its rules and procedures, or if one cannot including the AAA's Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at xxx.xxx.xxx. In the event that the AAA is unavailable to administer the arbitration, another administrator will be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the parties or the court. A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"), which may be downloaded at this link. The Notice to MarketLyst must be sent to MarketLyst LLC, Attn: Litigation Department, Re: Notice of Dispute, 0000 Xxxxx Xxxxxx Xxxx Xxxxxx Xxxxx, XX 00000. MarketLyst will send any Notice to you to the physical address we have on file associated with your MarketLyst account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the first partynature and basis of the claims you are asserting, the second member chosen by the party of the second partyspecific relief sought, and the third member being selected by email address associated with your account and a phone number. If you and MarketLyst are unable to resolve the first two arbitrators as previously selected by claims described in a valid Notice within 30 days after MarketLyst receives that Notice, you or MarketLyst may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the partiesAAA's site at xxx.xxx.xxx. The arbitrator(s) shall administer In addition to filing this form with the arbitration AAA in accordance with its rules and procedures, the American Arbitration Associationparty initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to MarketLyst at the following address: MarketLyst LLC, Commercial Arbitration Rules0000 Xxxxx Xxxxxx Xxxx Xxxxxx Xxxxx, XX 00000. In the event MarketLyst initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your MarketLyst account. Any settlement offer made by you or MarketLyst shall not be disclosed to the arbitrator. The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or MarketLyst may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same MarketLyst user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator(s) arbitrator may be entered in any court having jurisdiction thereof. No party shall Payment of all filing, administration and arbitrator fees will be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded governed by the parties within sixty (60) days of a party’s AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of ArbitrationDispute procedures of the second section of this Agreement ("Arbitration Procedures") and the value of the relief sought is $10,000 or less, at your request, MarketLyst will pay all administration and arbitrator fees associated with the arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seqAny request for payment of fees by MarketLyst should be submitted by mail to the AAA along with your Demand for Arbitration and MarketLyst will make arrangements to pay administration and arbitrator fees directly to the AAA. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORIn the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse MarketLyst for all fees associated with the arbitration paid by MarketLyst on your behalf that you otherwise would be obligated to pay under the AAA's rules.

Appears in 1 contract

Samples: User Agreement

Agreement to Arbitrate. The undersigned parties You agree that any disputes that may arise between them (including but not limited to any controversies dispute, claim or claims controversy arising out of or relating to this Agreement these Terms or any alleged breach thereofthe Services (collectively, and any dispute over the interpretation or scope of this arbitration clause“Disputes”) shall will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at xxxx@xxxxxxxxxxxxxxxxxxxxxxxx.xxx within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in Charlotte, NC and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a single trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator agreed may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Charlotte, NC. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms. Arbitration Rules The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at xxxxx://xxx.xxx.xxx/Rules or by calling the AAA at 0-000-000-0000.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Arbitration Process A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, or if one cannot be agreed to by consistent with the parties, then by a three (3) person arbitration panel which is selected by the party expedited nature of the first party, arbitration. Arbitrator's Decision The arbitrator will render an award within the second member chosen by time frame specified in the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesAAA Rules. The arbitrator(s) shall administer arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party shall may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will not be entitled to punitivean award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, consequential and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration. Fees Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. Changes Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or treble damages. The arbitrator(saccess our Services, you may reject any such change by sending us written notice (including by email to xxxx@xxxxxxxxxxxxxxxxxxxxxxxx.xxx) selection process shall be concluded by the parties within sixty (60) 30 days of a party’s Notice the date such change became effective, as indicated in the “Effective Date” listed at the beginning of Arbitrationthese Terms or in the date of our email to you notifying you of such change. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORBy rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms, or accessed our Services.

Appears in 1 contract

Samples: Membership Terms of Service

Agreement to Arbitrate. The undersigned Except where and to the extent prohibited by law and except for seeking equitable relief such as an injunction, we both agree that, if there is any controversy, claim, action, or dispute arising out of or related to the Services these Terms of Use or the breach, enforcement, interpretation, or validity of the Terms of Use or any part of it (“Dispute”), both parties will first try in good faith to settle such Dispute by providing notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notices must be sent to the addresses for giving notice that appear in the following Section Notices and Consents. Both of us agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating or filing any disputes that may arise claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS PURSUANT TO THE TERMS IN THE NEX PARAGRAPH AND YOU WAIVE THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS OR CONSOLIDATED CAPACITY. Pursuant to the Federal Arbitration Act 9 U.S.C § 1 et. seq., any and all disputes, claims, or controversies between them the parties (including “parties” specifically including, but not being limited to to, any controversies or claims assignee of a party) arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) that are not resolved by their mutual agreement shall be settled by submitted to final and binding arbitration by before a single arbitrator agreed who shall be an attorney authorized to practice law in the State of Texas, selected by mutual agreement of the parties, or if one cannot in the absence of such agreement appointed upon application of a party by a District Judge in Dallas, Texas. The arbitration proceedings shall be agreed to governed by the parties, then by a three (3) person arbitration panel which is selected by the party Commercial Arbitration Rules of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration AssociationAssociation but shall not be administered by it. The Arbitration shall take place in Dallas, Commercial Arbitration Rules, and judgment on Texas or such other location as the award rendered parties may agree. Unless otherwise determined by the arbitrator(s) Arbitrator each of the parties shall bear one-half of the fees and expenses of the arbitration. The arbitrator may grant whatever relief the parties may be entered entitled to at law or in equity or by the terms, provisions and remedies set forth in these TOU. The provisions of this paragraph are specifically enforceable by any court having jurisdiction thereofwith subject matter jurisdiction. No The prevailing party or parties shall be entitled to punitive, consequential or treble damagesan award of its reasonable attorney fees and costs through every stage of the proceeding and in obtaining and enforcing any judgment. The arbitrator(s) selection process arbitrator shall be concluded have sole discretion to determine which is the prevailing party or parties and the amount of reasonable attorney fees and costs. This Dispute Resolution and Agreement to Arbitrate is governed by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. Federal Arbitration Act, 9 U.S.C. § 5651 1 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATEHowever, nothing contained in this provision will preclude either party from seeking equitable relief such as an injunction binding upon the other party. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTSNotices and Consents Notices and consents, when required by these Terms of Use, must be in writing and be sent by an overnight courier delivery service of general commercial use and acceptance (such as Federal Express or UPS) to the addresses that follow. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORNotices will be deemed effective upon receipt if properly addressed and delivered to the addresses stated below or such other address as each party may provide by notice given to the other party. • Align Partners Software, LLC, XX Xxx 0000, Xxxxxxxxx XX 00000. • Notice to you will be sent to the address you used when you registered to use the ODL Platform. Updates We may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of the ODL Platform from the date of the publication of the revised Terms of Use on the ODL Platform. We will endeavor to post an effective date for any changes to these Terms of Use at the top or foot hereof. Please check this page regularly to ensure you are familiar with the current version.

Appears in 1 contract

Samples: Terms of Use

Agreement to Arbitrate. THE PARTIE MUTUALLY AGREE THAT ANY CLAIM OR DI PUTE BETWEEN THEM ARI ING FROM OR RELATING TO THI AGREEMENT, THE LEADER PAY PROGRAM OR THE RIGHT OF THE PARTIE UNDER THI AGREEMENT WHICH CANNOT BE RE OLVED BY NEGOTIATION OR MEDIATION HALL BE RE OLVED BY BINDING INDIVIDUAL ARBITRATION BEFORE A XXXXX ARBITRATOR PUR UANT TO THE COMMERCIAL RULE OF THE AMERICAN ARBITRATION A OCIATION (THE “AAA”). The undersigned parties Commercial Rule of the AAA are available at xxx.xxx.xxx. BY AGREEING TO ARBITRATE, THE PARTIE EXPRE LY WAIVE THEIR RE PECTIVE RIGHT TO A TRIAL BY JURY. a. In the event the AAA i unwilling or unable to hear the di pute, the Partie hall agree that to, or an appropriate court hall elect, another arbitration provider. Unle otherwi e agreed upon by the Partie , any disputes that arbitration hearing hall take place in Dalla , Texa , although either party may arise elect to participate in the arbitration by telephone. The Party filing the Demand for Arbitration hall be re pon ible for the initial filing fee and co t charged by AAA and the re pondent hall be re pon ible for payment of filing fee for any Cro -Complaint or Counterclaim. The Partie hall hare equally the co t of ca e management fee , arbitrator fee or other fee charged by AAA other than the filing fee referenced above. The Partie hall bear their own co t for attorney’ fee , court reporter fee , tran cript fee and other litigation co t . b. Although thi agreement to arbitrate i made and entered into between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereofthe Leader and VIVRI, VIVRI’ affiliate , owner , member , manager , and employee (“Related Partie ”) are intended third party beneficiarie of the Agreement, including thi agreement to arbitrate. c. Thi agreement to arbitrate hall urvive the termination of thi Agreement. Any i ue related to the arbitrability of any dispute over claim, or the interpretation cope, validity or scope enforceability of this arbitration clause) shall thi agreement to arbitrate hall be settled by arbitration by a single arbitrator agreed to determined by the partiesarbitrator. If either party wi he to initiate arbitration, the initiating party mu t notify the other party in writing via certified mail, return receipt xxxxx xxx, or if one cannot be agreed to by the parties, then by hand delivery via courier. The Demand for Arbitration mu t include a three (3) person arbitration panel which is selected by the party tatement of the first party, the second member chosen by the party legal and factual ba i of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesclaim( ) to be arbitrated. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall partie hall be entitled to punitive, consequential or treble damagesall di covery right permitted by the Federal Rule of Civil Procedure and the partie hall be permitted to bring motion under FRCP Rule 12 and 56. The arbitrator(s) selection process shall deci ion of the arbitrator hall be concluded by final and binding on the parties within sixty (60) days partie and may, if nece ary, be reduced to a final judgment in a court of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORcompetent juri diction.

Appears in 1 contract

Samples: Independent Leader Agreement

Agreement to Arbitrate. The undersigned parties You and Rentazon each agree that any and all disputes or claims that have arisen or may arise between them you and Rentazon (including but not limited its respective subsidiaries, employees, officers, directors, and agents), or between you and another User, relating in any way to or arising out of this or previous versions of the Agreement, your use of, or access to the Service, or any controversies services sold, offered, or claims purchased through the Platform or any breach, enforcement, or termination of this Agreement shall be resolved exclusively through final and binding arbitration, as an alternative to resolving a dispute in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the threatened or actual infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act , 9 U.S.C. § 1 et seq. (“FAA”) governs the interpretation and enforcement of this “Disputes (Agreement to Arbitrate)” section. PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND RENTAZONn AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER RENTAZON USERS. You and Xxxxxxxx agree that any dispute, claim or controversy under $25,000 in value arising out of or relating to this Agreement Agreement, whether between you and Rentazon or any alleged breach between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by binding arbitration administered or conducted by FairClaims (xxx.XxxxXxxxxx.xxx) and not in a single arbitrator agreed to by the partiescourt of law, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with its Arbitration Rules & Procedures effective at the American Arbitration Association, Commercial Arbitration Rules, and time a claim is made. You further agree that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party Any FairClaims arbitration hearing shall be entitled held via videoconference. You consent to punitiveelectronic service of process, consequential with service to be made to the email address we have on record for your account. You and Rentazon agree that any dispute, claim or treble damagescontroversy $25,000 and over in value arising out of or relating to this Agreement, whether between you and Rentazon or between you and other Users, or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be settled by binding arbitration administered or conducted by by the American Arbitration Association ("AAA") (xxxxx://xxx.xxx.xxx) under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this “Disputes (Agreement to Arbitrate)” section of the Agreement. The arbitrator(s) selection process AAA's rules are available at xxx.xxx.xxx. A form for initiating arbitration proceedings is available on the AAA's website at xxxx://xxx.xxx.xxx. The arbitration shall be concluded held in Los Angeles, CA or at another mutually agreed location. You or Rentazon may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Rentazon subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Rentazon, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORarbitrator may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Rental Agreement

Agreement to Arbitrate. The undersigned parties agree that any disputes that may arise Any disagreements between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, Landlord and any dispute over Tenant concerning the interpretation or scope of any provision of this arbitration clause) Lease, other than whether an Event of Default has occurred or has been cured, shall, except as otherwise expressly provided in this Section 43, or as shall be settled mutually agreed in writing by arbitration by a single arbitrator agreed to by the partiesLandlord and Tenant, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration arbitrated in accordance with the rules and regulations of the American Arbitration AssociationAssociation then in effect. Upon the written demand of Landlord or Tenant following any such disagreement that is subject to arbitration, Commercial Arbitration RulesLandlord and Tenant shall either agree upon a single arbitrator who is a disinterested person of recognized competence in the subject of the disagreement within fifteen (15) days of the demand for arbitration or, failing which, each of Landlord and Tenant shall within thirty (30) days of the demand for arbitration appoint a disinterested person of recognized competence in the subject of the disagreement to act as arbitrators, and judgment on such appointed arbitrators shall, within, fifteen (15) days thereafter, appoint a third arbitrator who is a disinterested person of recognized competence in the award rendered by subject of the disagreement. The dispute will be submitted to the arbitrator(s) may as soon as reasonably possible and the arbitration shall be concluded and the determination of the arbitrator(s) shall be rendered in writing within thirty (30) days after the last arbitrator is appointed pursuant to this section. The decision of the arbitrator in the case of a single arbitrator, or of a majority of the arbitrators in the case of three arbitrators, shall be conclusive upon the parties and judgment upon the same shall be entered in any court having jurisdiction thereofthereof at the request of either party. No party The expenses of arbitration shall be entitled borne equally by Landlord and Tenant. In addition, if in the opinion of either Landlord or Tenant, the matter for arbitration must be decided on an expedited basis in order to punitiveavoid substantial damages or harm to either, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties then upon a failure of Landlord and Tenant to agree upon a single arbitrator within sixty fifteen (6015) days of the demand for arbitration, either Landlord or Tenant may request accelerated arbitration. Accelerated arbitration, for purposes of this section, shall be accomplished by either party notifying the American Arbitration Association that it wishes a party’s Notice single arbitrator, qualified to decide the matter for arbitration, to be appointed by the American Arbitration Association within five (5) days after the request and to decide the matter within ten (10) days after such appointment. Landlord and Tenant hereby agree to such an accelerated procedure, to use suxx xxxcedure only when reasonably necessary and to not contest the appointment of Arbitrationthe arbitrator or his decision. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORAny disagreements between Landlord and Tenant concerning the interpretation of any provision of thix Xxxxe, other than whether an Event of Default has occurred or has been cured, must be submitted to arbitration prior to any litigation on such matter unless the other party refuses to arbitrate in accordance with the foregoing provisions on arbitration.

Appears in 1 contract

Samples: Lease Agreement (E Com Ventures Inc)

Agreement to Arbitrate. The undersigned parties THE PARTIES HEREBY AGREE TO WAIVE UNCONDITIONALLY AND IRREVOCABLY THE RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY LITIGATION THAT MAY AT ANY TIME, DIRECTLY OR INDIRECTLY, ARISE OUT OF OR IN CONNECTION WITH ANY ASPECT OF THE RELATIONSHIP BETWEEN JXXXX AND SVI, ITS OFFICERS, AGENTS AND EMPLOYEES, INCLUDING BUT NOT LIMITED TO THE TERMINATION OF JXXXX’X EMPLOYMENT, RIGHTS AND DUTIES AS A SHAREHOLDER, OR YOUR EMPLOYMENT WITH SVI, TO THE EXTENT LEGALLY ALLOWABLE. This means that both Parties irrevocably, unconditionally, and exclusively agree that any disputes that may arise between them (including but not limited to any controversies controversy or claims claim arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one Jxxxx’x employment which cannot be otherwise resolved pursuant to the terms hereof, or any dispute between the Parties, shall be resolved by binding arbitration in Orange County, California. The arbitration shall be administered by Judicial Arbitration and Mediation Services, the Company (“JAMS”), or another mutually agreed to by the partiesupon neutral service, then by in its Orange County office. The arbitrator shall be a three (3) person arbitration panel which is selected by the party retired Superior Court Judge of the first party, the second member chosen by the party State of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesCalifornia affiliated with JAMS. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Arbitration Rules, and judgment on Judgment upon the award rendered by the arbitrator(s) arbitrator may be entered and enforced in any court having jurisdiction thereof. No party THE AWARD OF THE ARBITRATOR SHALL BE BINDING, FINAL, AND NON-APPEALABLE. The arbitrator shall not have any power to alter, amend, modify, or change any of the terms of this Agreement, the Employment Agreement, the Convertible Note, or the Supplemental Agreement, or to grant any remedy which is either prohibited by the terms of this Agreement or not available in a court of law. Any action brought to enforce the provisions of this section shall be entitled brought in the Orange County Superior Court. All other questions regarding Jxxxx’x employment, including but not limited to punitivethe interpretation, consequential or treble damagesenforcement of this Agreement (other than the right to arbitrate), and the rights, duties and liabilities of the parties to Jxxxx’x employment shall be governed by California law. The arbitrator(s) selection process costs of the arbitration, including any JAMS administration fee, and arbitrator’s fee, and costs of the use of facilities during the hearings, shall be concluded borne by SVI; however, the Parties shall be solely responsible for their own attorney’s fees and costs. Attorney’s fees and costs may be awarded to the prevailing party at the discretion of the arbitrator as part of the award. In any arbitration proceeding conducted pursuant to the provisions of this Agreement, both parties within sixty (60) days of a shall have the right to conduct all discovery, to call witnesses and to cross-examine the opposing party’s Notice witnesses, either through legal counsel, expert witnesses or both, to the fullest extent allowed by California law, as though before any Court or tribunal of Arbitrationthe State. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seqBoth Parties expressly understand and agree on behalf of their heirs, executors, administrators, successors, and assigns, that the rights being waived hereunder specifically include, but are not limited to, any and all civil claims in State or Federal Courts under (as any of the same may be amended from time to time) Title VII of the Civil Rights Act of 1964; Sections 1981 and 1983 of the Civil Rights Act of 1866; Equal Pay Act; Americans with Disabilities Act; Age Discrimination in Employment Act; Federal or State Retirement Income Security Acts; Fair Labor Standards Act; Family and Medical Leave Act; WARN Act; the United States and California Constitutions; California Fair Employment and Housing Act; California Family Rights Act; California Labor Code; any applicable California Industrial Welfare Commission Wage Order; with respect to the foregoing constitutional and statutory references, any comparable constitution, statute or regulation of any other state; all claims of discrimination or harassment on account of race, sex, sexual orientation, national origin, religion, disability, age, pregnancy, veteran’s status, or any other protected status under any federal or state statute; any federal, state or local law enforcing express or implied employment contracts or covenants of good faith and fair dealing; any federal, state or local laws providing recourse for alleged wrongful discharge or constructive discharge, termination in violation of public policy, tort, physical or personal injury, emotional distress, fraud, negligent misrepresentation, defamation, and any similar or related claim; together with any claim under any other local, state or federal law or constitution governing employment, discrimination or harassment in employment, or the payment of wages or benefits, which each Party may have in any way related to Jxxxx’x employment, to the extent legally allowable. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATEThis Agreement and the scope of the release hereunder expressly includes any statutory claims, including, but not limited to, claims under the Age Discrimination in Employment Act (the “ADEA”) and the Older Workers’ Benefit Protection Act (“OWBPA”), to the extent legally allowable. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORAlthough the intent of this Agreement is to benefit both Parties by mutually agreeing upon a single forum for the resolution of any and all disputes or grievances between them, notwithstanding the foregoing limitations, this Agreement shall not be interpreted to preclude or waive any Party’s available remedies under, or rights to, filing, submitting or hearing of matters before any of the above regulatory or administrative entities, commissions or boards to the extent such rights cannot by law be waived.

Appears in 1 contract

Samples: Settlement Agreement (SVI Media, Inc.)

Agreement to Arbitrate. The undersigned (i) Unless the parties otherwise specifically agree that in writing, any disputes that may arise Arbitrable Dispute between them (including but not limited the parties hereto will be submitted to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled finally resolved by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the Arbitration Rules, as the rules may be modified in this Agreement, and each of the parties agrees that (a) the procedures set forth in this Section 8.02(e) will be the sole and exclusive manner by which any Arbitrable Dispute will be claimed and such party irrevocably waives any right to begin any Action in or before any Governmental Authority relating to an Arbitrable Dispute; and (b) such party irrevocably waives any right to any trial by jury with respect to any Arbitrable Dispute. (ii) In the event of an Arbitrable Dispute, any party may deliver an Arbitration Demand Notice in respect of such Arbitrable Dispute to the parties to the dispute in the manner set forth in Section 9.04 (the date such Arbitration Demand Notice is so delivered, the “Arbitration Demand Date”). The forum for such arbitration will be agreed on by the Parties or, in the absence of any agreement, will be in a venue located in New York City. (iii) Arbitration will be conducted by a panel of three arbitrators selected as provided in this Section 8.02(e). In connection with any Arbitrable Dispute in respect of which an Arbitration Demand Notice has been delivered, each party, within five (5) days of the Arbitration Demand Date, shall select one person to act as arbitrator and the two selected shall select a third arbitrator within five (5) days of their appointment. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator, within such timeframe, the third arbitrator shall be selected by the American Arbitration Association. In connection with the selection of the arbitrators, Commercial consideration will be given to familiarity with transactions in the Company’s industry and experience in dispute resolution, as a judge or otherwise. Notwithstanding anything to the contrary in this Agreement, the rules of the American Arbitration RulesAssociation relating to the selection of arbitrators and the location of arbitrations shall not apply to arbitrations hereunder. If an arbitrator cannot continue to serve, a successor will be selected by the same manner in which his or her predecessor was chosen. If such withdrawal occurs after the arbitration hearing has begun but before a final decision has been delivered, a full rehearing will be held if, and only if, the remaining arbitrators unanimously agree that a rehearing is appropriate. (iv) The final decision of the arbitration panel will be rendered in writing to the parties not later than forty-five (45) days after the Arbitration Demand Date, unless otherwise agreed by the parties in writing. The decision of the arbitration panel will be final and binding on the parties, and judgment on the award rendered by the arbitrator(s) thereon may be entered had and will be enforceable in any court having jurisdiction thereofover the Parties. No The arbitrator or arbitrators will be guided, but not bound, by the Federal Rules of Evidence and by the procedural rules, including discovery provisions, of the Federal Rules of Civil Procedure. Any discovery will be limited to information directly relevant to the controversy or claim in arbitration. (v) The arbitration panel will give effect to the applicable provisions of this Agreement and follow applicable Law and will have full power and authority to determine issues of arbitrability and to interpret or construe the applicable provisions of this Agreement and to determine the amount of any damages in respect of such Arbitrable Dispute, subject to the terms and limitations of this Agreement. If a Party fails or refuses to appear at and participate in an arbitration hearing after due notice, the arbitrator may hear and determine the controversy on evidence produced by the appearing Party. (vi) The interpretation of the provisions of this Section 8.02(e), only insofar as they relate to the agreement to arbitration and any procedures pursuant thereto, will be governed by the Federal Arbitration Act and other applicable federal Law. In all other respects the interpretation of this Agreement will be governed as set forth in Section 9.07. (vii) Subject to the last sentence of Section 8.02(a), the Company’s obligations pursuant to this Section 8.02, including the obligation to pay the Termination Fee, shall survive termination of this Agreement and shall constitute an allowed administrative expense of the Companies. (viii) Each party agrees that in the event of any arbitration pursuant to this Section 8.02(e), the aggregate Expenses of each party in connection with any Arbitrable Dispute (including the reasonable and documented fees and expenses of counsel, any expert witnesses and the arbitration panel) shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded borne as determined by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORarbitration panel.

Appears in 1 contract

Samples: Investment Agreement (Republic Airways Holdings Inc)

Agreement to Arbitrate. The undersigned parties agree that that, except as explicitly noted below, any disputes that may arise between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration by a single arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration Association, Commercial Employment Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damagesdamages except as and to the extent as may be required by applicable statutory law. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE OR IT WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR. For the avoidance of doubt, this arbitration provision does not apply to any disputes arising under or relating to the provisions of Sections 5, 6 or 7 hereof, which shall instead be brought only in a court of the State of Vermont (or, if appropriate, a federal court located within Vermont), and Company and Employee each consents to the jurisdiction of such courts.

Appears in 1 contract

Samples: Employment Agreement (Casella Waste Systems Inc)

Agreement to Arbitrate. The undersigned parties You, Pay Tgthr and Issuer agree that to arbitrate any and all disputes that may arise between them arising from your attempted or actual use of the Pay Tgthr Card Services (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause“Dispute”) shall be settled by arbitration by a single neutral arbitrator agreed who has the power to by award the partiessame damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, or if one cannot be agreed to by the partiesCLASS ACTIONS, then by a three (3) person PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST PAY TGTHR, OUR PROGRAM PARTNERS AND ISSUER. If any section of these arbitration panel which provisions is selected by the party of the first partyfound unenforceable, the second member chosen by the party of the second partyunenforceable provision will be severed, and the third member being selected by the first two arbitrators as previously selected by the partiesremaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration AssociationARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, Commercial Arbitration RulesNEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED FOR IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION THE AAA CODE OF CONSTITUTIONAL LAW OR CIVIL RIGHTSPROCEDURE. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORYour agreement to arbitrate and these related terms are made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1- 16), and not any state arbitration law.

Appears in 1 contract

Samples: Cardholder Agreement

Agreement to Arbitrate. The undersigned parties agree that any disputes that may arise Any disagreements between them (including but not limited to any controversies or claims arising out of or relating to this Agreement or any alleged breach thereof, Landlord and any dispute over Tenant concerning the interpretation or scope of any provision of this arbitration clause) Lease, other than whether an Event of Default has occurred or has been cured, shall, except as otherwise expressly provided in this Section 43, or as shall be settled mutually agreed in writing by arbitration by a single arbitrator agreed to by the partiesLandlord and Tenant, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration arbitrated in accordance with the rules and regulations of the American Arbitration AssociationAssociation then in effect. Upon the written demand of Landlord or Tenant following any such disagreement that is subject to arbitration, Commercial Arbitration RulesLandlord and Tenant shall either agree upon a single arbitrator who is a disinterested person of recognized competence in the subject of the disagreement within fifteen (15) days of the demand for arbitration or, failing which, each of Landlord and Tenant shall within thirty (30) days of the demand for arbitration appoint a disinterested person of recognized competence in the subject of the disagreement to act as arbitrators, and judgment on such appointed arbitrators shall, within, fifteen (15) days thereafter, appoint a third arbitrator who is a disinterested person of recognized competence in the award rendered by subject of the disagreement. The dispute will be submitted to the arbitrator(s) may as soon as reasonably possible and the arbitration shall be concluded and the determination of the arbitrator(s) shall be rendered in writing within thirty (30) days after the last arbitrator is appointed pursuant to this section. The decision of the arbitrator in the case of a single arbitrator, or of a majority of the arbitrators in the case of three arbitrators, shall be conclusive upon the parties and judgment upon the same shall be entered in any court having jurisdiction thereofthereof at the request of either party. No party The expenses of arbitration shall be entitled borne equally by Landlord and Tenant. In addition, if in the opinion of either Landlord or Tenant, the matter for arbitration must be decided on an expedited basis in order to punitiveavoid substantial damages or harm to either, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties then upon a failure of Landlord and Tenant to agree upon a single arbitrator within sixty fifteen (6015) days of the demand for arbitration, either Landlord or Tenant may request accelerated arbitration. Accelerated arbitration, for purposes of this section, shall be accomplished by either party notifying the American Arbitration Association that it wishes a party’s Notice single arbitrator, qualified to decide the matter for arbitration, to be appointed by the American Arbitration Association within five (5) days after the request and to decide the matter within ten (10) days after such appointment. Landlord and Tenant hereby agree to such an accelerated procedure, to use such procedure only when reasonably necessary and to not contest the appointment of Arbitrationthe arbitrator or his decision. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORAny disagreements between Landlord and Tenant concerning the interpretation of any provision of this Lease, other than whether an Event of Default has occurred or has been cured, must be submitted to arbitration prior to any litigation on such matter unless the other party refuses to arbitrate in accordance with the foregoing provisions on arbitration.

Appears in 1 contract

Samples: Lease Agreement (Perfumania Holdings, Inc.)

Agreement to Arbitrate. The undersigned Except as otherwise provided in Section 13.2, the parties agree that any disputes that may arise between them (including but not limited will attempt to any controversies resolve all disputes, controversies, or claims arising under, out of of, or relating to this Agreement Agreement, including the formation, validity, binding effect, interpretation, performance, breach or any alleged breach thereoftermination, and any dispute over the interpretation or scope of this Agreement and the arbitrability of the issues submitted to arbitration clausehereunder and non-contractual claims relating to this Agreement (each, a “Dispute”) shall be settled by arbitration by a single arbitrator agreed to by through discussion between the parties. Except as otherwise provided in Section 13.2, or if one any Dispute cannot be agreed resolved through negotiations between the parties within 5 days of notice from one party to by the parties, then by a three (3) person arbitration panel which is selected by the party other of the first partyDispute, either party may submit such Dispute for final settlement through binding arbitration under the second member chosen by the party Rules of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration AssociationAssociation then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator, Commercial Arbitration selected as provided in the Rules. The arbitration will be conducted in the English language at a site specified by Oh Waiter in Los Angeles, California, U.S.A. The arbitrator will apply the law set forth in Section 14 to any such arbitration and judgment on shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend this Agreement or grant any relief not permitted herein or beyond the relief permitted herein. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrator will require the non-prevailing party to pay the prevailing party’s costs, fees and expenses (including attorneys’ fees). Judgment upon the award rendered by the arbitrator(s) may be entered in any court or governmental body having jurisdiction thereof. No Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORthat resists its enforcement.

Appears in 1 contract

Samples: Master Service Agreement

Agreement to Arbitrate. The undersigned parties By signing this Agreement, You agree and that neither You nor NLPA will be able to go to court for any dispute or claim that arises out of this Agreement for Services. Instead, You and NLPA agree to submit any dispute arising under this agreement (with the exception of disputes alleging criminal or statutory violations) to binding arbitration. You understand and agree that any disputes that may arise between them (including but You do not limited have the right to any controversies or claims arising out of or relating select the arbitrator. You and NLPA agree and consent to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope of this arbitration clause) shall be settled by arbitration by a single an arbitrator agreed to by the parties, or if one cannot be agreed to by the parties, then by a three (3) person arbitration panel which is selected by the party with at least two years of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the parties. The arbitrator(s) shall administer the arbitration experience with arbitrating contractual matters in accordance with the American Arbitration Association, Commercial Arbitration Rulesnationally accepted arbitration rules of procedure. The arbitrator's decision will be final and binding on both You and NLPA, and judgment on the award rendered by the arbitrator(s) decision may be entered in any court having jurisdiction thereofjurisdiction. No party This agreement to arbitrate affects important legal rights. NEITtfER YOU NOR NLPA WILL BE COMMITTED BY TtfE TERMS OF TtfIS AGREEMENT TO ARBITRATE UNLESS YOU SIGN BELOW. IF YOU SIGN BELOW, YOU AND NLPA WILL BE COMMITTED TO BINDING ARBITRATION AS DESCRIBED IN TtfIS PARAGRAPtf. You and NLPA agree that the You and NLPA will share the administrative fees and cost for the binding arbitration, with You and NLPA each agreeing to pay 50 percent of those fees and costs. If You chose to arbitrate any claim, please contact NLPA for an Arbitration Claim form. This Agreement, including the Agreement to Arbitrate, shall be entitled governed by the laws of the State of Ohio. This Agreement constitutes the entire agreement between the parties, and supersedes all previous agreements, oral or written, between the parties. By signing below, You agree to punitive, consequential or treble damagesall terms of this Agreement. The arbitrator(s) selection process This agreement shall be concluded governed by the laws of the State of Ohio. This agreement constitutes the entire agreement between the parties, and supersedes all previous agreements, oral or written, between the parties within sixty (60) days hereto. avoid continued exposure to COVID-19 and this motion must be filed by counsel. Should my counsel of record be unwilling to file such a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.Signed this

Appears in 1 contract

Samples: Services Agreements

Agreement to Arbitrate. The undersigned parties You and PayPal each agree that any and all disputes or claims that have arisen or may arise between them you and PayPal, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (including but not limited non-class, non-representative) basis. This Agreement to any controversies or claims arising out Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of or relating to this Agreement or any alleged breach thereofto Arbitrate. a. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND PAYPAL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PAYPAL AGREE OTHERWISE, and any dispute over the interpretation or scope of this arbitration clauseTHE ARBITRATOR(S) shall be settled by arbitration by a single arbitrator agreed to by the partiesMAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, or if one cannot be agreed to by the partiesREPRESENTATIVE, then by a three OR CLASS PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (3INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) person arbitration panel which is selected by the party of the first party, the second member chosen by the party of the second party, and the third member being selected by the first two arbitrators as previously selected by the partiesONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). The arbitrator(s) shall administer the arbitration in accordance with the American ANY RELIEF AWARDED CANNOT AFFECT OTHER PAYPAL USERS. b. Arbitration Association, Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. No party shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seq. THE PARTIES HERETO ACKNOWLEDGE THAT THIS DOCUMENT CONTAINS AN AGREEMENT TO ARBITRATE. AFTER SIGNING THIS DOCUMENT EACH PARTY UNDERSTANDS THAT HE WILL NOT BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THIS ARBITRATION AGREEMENT EXCEPT AS PROVIDED IN THIS PARAGRAPH OR UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL LAW OR CIVIL RIGHTS. INSTEAD EACH PARTY HAS AGREED TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATORProcedures.

Appears in 1 contract

Samples: User Agreement

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