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 8 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 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. 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, and judgment on Rules of the award rendered AAA from the panels of business arbitrators maintained by the arbitrator(s) 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. No party The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be entitled to punitive, consequential or treble damages. The arbitrator(s) selection process shall be concluded shared equally 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 ARBITRATORparties.

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 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, Manufactured Home Space Lease Agreement

Agreement to Arbitrate. The undersigned parties Supplier and Service Provider agree that any and all disputes or claims that have arisen or may arise between them Supplier and Service Provider shall be resolved exclusively through final and binding arbitration, rather than in court, except that Supplier may assert claims in small claims court, if Supplier's 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. The Federal Arbitration Act governs the interpretation and enforcement of this provision. THE PARTIES ALSO AGREE THAT SUPPLIER AND SERVICE PROVIDER 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 SUPPLIER AND SERVICE PROVIDER 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 SERVICE PROVIDER SUPPLIERS. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as modified by this Agreement to any controversies or claims arising out Arbitrate. The AAA’s rules are available at xxx.xxx.xxx. Payment of or all filing, administration, and arbitrator fees will be governed by the AAA’s rules. All issues are for the arbitrator to decide, except that issues relating to arbitrability, or the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. If a court decides that any part of this Section 10 is invalid or any alleged breach thereofunenforceable, the other parts of this Section 10 shall still apply. Arbitrations will take place in Wilmington, Delaware. If the value of the relief sought is $10,000 or less, Supplier or Service Provider may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on Supplier and Service Provider 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, Supplier and/or Service Provider 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 recognized principles of equity, 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 2 contracts

Samples: GHX Supplier Epay Terms and Conditions, GHX Supplier Epay Terms and Conditions

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.), Separation Agreement and Release (Axalta Coating Systems Ltd.)

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: apim-portal.onedealerlane.com

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 (including but not limited 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 will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as modified by this Agreement to any controversies or claims arising out Arbitrate. The AAA’s rules are available at xxx.xxx.xxx. Payment of or all filing, administration, and arbitrator fees will be governed by the AAA’s rules. All issues are for the arbitrator to decide, except that issues relating to arbitrability, or the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. If a court decides that any part of this Section 9.10 is invalid or any alleged breach thereofunenforceable, the other parts of this Section 9.10 shall still apply. 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 recognized principles of equity, 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 EXHIBIT 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.– Definitions

Appears in 1 contract

Samples: Services Agreement

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 Republic of Turkey 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 Antalya Chamber of Arbitration in accordance with applicable arbitration rules as interpreted and governed by the Antalya Chamber of Arbitration . 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 arbitration proceeding, or any suit or other proceeding must be filed, entered into and/or take place only in Antalya, Turkey. I ACKNOWLEDGE AND AGREE THAT THE PARTIES, BY ENTERING INTO THIS AGREEMENT, ARE WAIVING ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BETWEEN OR AMONG THE PARTIES, WHICH SHALL INCLUDE WTC. I FURTHER ACKNOWLEDGE AND UNDERSTAND THAT IF A JUDGE WERE TO RULE THAT THE PARTIES’ ARBITRATION AGREEMENT IS NOT ENFORCEABLE THAT THE PARTIES ARE STILL VOLUNTARILY GIVING UP THEIR RIGHT TO A TRIAL BY JURY REGARDING ANY DISPUTE BETWEEN THEM.  CLASS ACTION/CLASS ARBITRATION WAIVER. I acknowledge and agree that any arbitration, suit, countersuit, action or other legal proceeding shall be conducted and resolved on an individual basis only and that I will not bring, voluntarily join, or participate in any class action, consolidated action, representative action, class arbitration, consolidated arbitration, or representative arbitration involving matters 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 WTC or Başarı Turizm İth. İhracat.. I further acknowledge and agree that any dispute regarding the scope of this class action/class arbitration waiver provision shall be determined by a court, not an arbitrator.  If I am signing as Participant’s legal guardian, I have the legal authority to act for the Participant and on his/her behalf. If my guardian status is challenged or found invalid, I will defend and indemnify the Released Parties, to the fullest extent allowed by law and per the provisions of this Agreement, just as if I were the Participant’s lawful legal guardian.  Regarding my relationship with WTC/Organizer, this Agreement shall take precedence over any other forms or contracts I may arise between them sign (for parties other than WTC/Organizer) in connection with the Activities.  If I use any of the bicycle services provided or made available in connection with the Event (including without limitation any on-course bicycle repairs), I shall pay for the cost of such services (including the costs of replacement parts, etc.) upon receipt of applicable invoice(s).  To the extent there are situations in which I provide Organizer any of my personal property to hold, there may be times such personal property may not be returned to me (including, but not limited to Special Needs Bags (as referred to in the Event-specific athlete information guide) and any and all personal property therein after closure of the applicable aid station pick-up location). I waive any rights to all such property and expressly consent to any and all actions Organizer may take with respect to such property, including but not limited to, disposal of such property.  In no event may I (or anyone else on my behalf) without the prior written consent of Organizer or WTC, as applicable: (a) use any intellectual property of Organizer or WTC and/or each of their affiliates, as applicable, including, but not limited to, the IRONMAN®, 70.3®, IRONKIDS®, marks and names, the “M-Dot” logo, “K-Dot” logo (collectively, the “Operator/WTC IP”) and/or any words or marks that refer to, or are suggestive of, or confusingly similar to, the Event, any Event logo, Event name, Event location, Event date, or Event race distance (collectively, “Event IP”), or (b) sell, market, distribute, or produce any products, events, merchandise, websites, or services that are IRONMAN®-branded, 70.3®-branded, Event-branded, or branded or marked using (i) any Event logo, (ii) any Event name, (iii) any Event IP, or (iv) any Operator/WTC IP (including without limitation the word “IRON” or any foreign translation thereof as a prefix for, or component of, any race, event, trade name, trademark, organization name, club name, or brand of any kind, in each case in any way related to triathlon, triathletes, training, coaching, or any endurance sports).  I authorize WTC/Organizer staff, representatives or contractors to inspect any of the equipment I use (or intend to use) in connection with the Event, including but not limited to inspection of bicycles for concealment of any motor or other artificial accelerating mechanism, by any inspection method selected by WTC/Organizer.  I authorize and consent to Organizer staff, representatives or contractors to conduct such public health safety screening activities by methods selected by Organizer. While participating in the Event, I agree to comply with any public health and/or safety directions of Organizer staff, representatives or contractors; police; or government or health authorities.  I authorize Organizer staff, representatives, contractors or other medical personnel to obtain or provide medical care for me, to transport me to a medical facility, and to provide treatment (including but not limited to evacuation, hospitalization, blood transfusions, surgery and medications) they consider necessary for my health. I agree to pay all costs associated with that care and transportation. I agree to the release (to or by Organizer, WTC, any controversies race sanctioning body, insurance carriers, other health care providers and their staff, representatives or claims arising out contractors) of any medical information or relating records necessary for treatment, referral, billing or other purposes.  Organizer reserves the right, in its sole discretion, to dismiss any participant from the Activities, to deny or revoke entry of any participant at any time, and/or to disqualify Participant from the Event. If I am dismissed or depart for any reason, I agree I am responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies, or otherwise. If my entry application is denied or revoked, I agree Organizer is not responsible for costs incurred or damages suffered by me or my family in excess of the amount of the entry fee.  I acknowledge and agree that Organizer or WTC, in its sole discretion (whether for safety reasons, legal reasons, or any other reason), may: (a) at any time, with or without notice, change or modify the race course, distances, routes, elevation, ascents, difficulty level, or any other race-course or Event aspect; or (b) delay or cancel the Event (or any leg(s) of the race) if it believes the conditions are unsafe or otherwise unsuitable for the Event, and Organizer or WTC may delay the Event for so long as such unsafe or unsuitable conditions apply. If the race course or Event is changed, modified, delayed, or cancelled for any reason, including but not limited to acts of God or the elements (including without limitation, wind, rough water, rain, hail, hurricane, tornado, earthquake), acts of terrorism, fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, public health risks, flood, unavoidable casualty, race course conditions, or any other cause beyond the control of Organizer, there will be no refund of Organizer’s entry fee or any other costs incurred in connection with the Event.  I grant to Organizer, WTC and their respective affiliates, designees, assignees, and sponsors the right and permission to photograph, film, record and/or otherwise capture in any media the name, image, voice, written statement, photograph and/or visual likeness of me and/or my family members (collectively “Images”), with right to sublicense, during the activities or otherwise, without compensation, for use for any purpose and in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, social media platforms, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. I understand that all ownership and copyright rights in the Images will be owned by WTC, its assignees, or its designees, and I waive any inspection or approval rights. I understand and agree that my name, bib number and race results will be available to the public during and after the Event.  WTC/Organizer may assign this Agreement to other entities or individuals (“Assignees”) at any alleged breach thereoftime, and any dispute over such assignment will grant Assignees the interpretation or scope full rights and protections accorded in this Agreement, consistent with Organizer’s, WTC’s, and other Released Parties’ rights and protections under this Agreement.  I understand that I may also be required to sign a version of this arbitration clause) shall Agreement on-site. If I sign this Agreement both online and on-site, I agree that the on-site version of this Agreement, as that version may be settled amended from the online version, will be binding and control.  This Agreement is effective in regard to Participant’s enrollment or participation in the Event or Activities from the date signed through the completion of all activities, and this Agreement will remain in full force and effect following completion of all activities.  This Agreement is intended to be interpreted and enforced to the fullest extent allowed by arbitration by a single arbitrator agreed to by law. If any portion of this Agreement is deemed unlawful or unenforceable, it will not affect 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 enforceability of the first party, the second member chosen by the party of the second partyremaining provisions, and the third member being selected by the first two arbitrators as previously selected by the partiesthose remaining provisions will continue in full force and effect. The arbitrator(s) shall administer the arbitration in accordance with the American Arbitration AssociationI have carefully read, Commercial Arbitration Rulesunderstand, and judgment on the award rendered agree to voluntarily sign this Agreement and understand that by the arbitrator(sdoing so I am entering into a legally binding contract with Organizer. I acknowledge that this Agreement will be effective and legally binding upon me (and if I am Participant’s legal guardian, Participant), and my/Participant’s spouse, children and other family members, and my/Participant’s heirs, executors, representatives, subrogors and estate. Participant (or Participant’s legal guardian) may be entered in any court having jurisdiction thereofmust complete all information and sign below. 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 _ PARTICIPANT SIGNATURE DATE PRINTED NAME 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.PARTICIPANT PARTICIPANT’S AGE AND BIRTHDATE

Appears in 1 contract

Samples: Indemnity 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 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 agree that Either you or we may, without the other's consent, elect mandatory, binding arbitration for any disputes that may arise claim, dispute, or controversy between them you and us (called "Claims"). What Claims are subject to arbitration? All Claims relating to your account, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including but not limited intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any controversies Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or claims arising out of or relating other representative action are subject to this Agreement or any alleged breach thereofarbitration on an individual (non-class, non-representative) basis, and any dispute over the interpretation arbitrator may award relief only on an individual (non-class, non-representative) basis. Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or scope against anyone connected with us or you or claiming through us or you, such as a co-applicant or authorized user of your account, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your account, are subject to arbitration. Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration clause) shall provision in the broadest way the law will allow it to be settled by enforced. This arbitration by a single arbitrator agreed to provision is governed by the partiesFederal Arbitration Act (the "FAA"). What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, or if so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. How Arbitration Works. How does a party initiate arbitration? The party filing arbitration must choose 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 following arbitration firms and follow its rules and procedures for initiating and pursuing arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the party arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the second partycurrent rules of each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows: American Arbitration Association, 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000-0000 Web site: xxx.xxx.xxx JAMS, 0000 Xxxx Xxxxxx, Xxxxxx, XX 00000 Web site: xxx.xxxxxxx.xxx At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbi- tration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. What procedures and the third member being selected by the first two arbitrators as previously selected by the partieslaw are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator(s) shall administer the arbitration arbitrator will be either a lawyer with at least 10 years’ experience or a retired or former judge, selected in accordance with the American Arbitration Associationrules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, Commercial Arbitration Rulesin which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and judgment will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the award rendered rights and obligations of any other person, or on the resolution of any other dispute. Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the arbitrator(srules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be entered pursued on your or our behalf in any court having jurisdiction thereoflitigation in any court. No party shall Claims, including assigned Claims, of two or more persons may not be entitled to punitivejoined or consolidated in the same arbitration. However, consequential applicants, co-applicants, authorized users on a single account and/or related accounts, 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 ARBITRATORcorporate affiliates are here considered as one person.

Appears in 1 contract

Samples: Cardholder Agreement

Agreement to Arbitrate. THE PARTIES TO THIS AGREEMENT AGREE THAT ANY CLAIM OR DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING ANY CLAIMS RELATED TO THE NORWEX COMPENSATION PLAN, NORWEX PRODUCTS OR SERVICES, THE RIGHTS AND OBLIGATIONS OF THE PARTIES WITH RESPECT TO THIS AGREEMENT, OR ANY OTHER CLAIMS RELATING TO THE PERFORMANCE OF EITHER PARTY UNDER THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION IN WINNIPEG, MANITOBA PURSUANT TO THE COMMERCIAL ARBITRATION ACT OF MANITOBA WITH EACH PARTY BEARING ITS OWN COSTS. Although this agreement is made and entered into between the Independent Consultant and Norwex, affiliates, owners, members, managers, and employees of Norwex (“Related Parties”) are intended third party beneficiaries of the Agreement, including this agreement to arbitrate. This provision shall not restrict Norwex from seeking interim or permanent injunctive relief in a court of competent jurisdiction, provided, however, that the sole and exclusive venue for any court proceedings shall be in Winnipeg, Manitoba. The undersigned parties agree that to this Agreement consent to the exclusive jurisdiction of the Province of Manitoba for the purpose of enforcing any disputes that may arise arbitration award or other legal proceedings between them (including but not limited them. This agreement to arbitrate shall survive any controversies termination or claims expiration of this Agreement. The prevailing party in any dispute arising out of under 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 damagesrecover its reasonable legal fees and costs. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration20978 - 0520 000 Xxxxxxxx Xxx. 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.East • Box 714 • Dauphin • MB • R7N 3B3

Appears in 1 contract

Samples: theresource.norwex.com

Agreement to Arbitrate. The undersigned parties PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND BRAINTREE HAVE AGAINST EACH OTHER ARE RESOLVED. You and Xxxxxxxxx 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 (including but not limited 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 will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as modified by this Agreement to any controversies or claims arising out Arbitrate. The AAA’s rules are available at xxx.xxx.xxx. Payment of or all filing, administration, and arbitrator fees will be governed by the AAA’s rules. All issues are for the arbitrator to decide, except that issues relating to arbitrability, or the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. If a court decides that any part of this Section 9.10 is invalid or any alleged breach thereofunenforceable, the other parts of this Section 9.10 shall still apply. 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 recognized principles of equity, 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 EXHIBIT A – Data Protection Addendum This Data Protection Addendum (“Addendum”) is entered into between Merchant and PayPal, Inc., a Delaware corporation whose address is 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 ("Braintree" or “PayPal”) (collectively the “Parties”). This Addendum shall be entitled to punitiveform part of the Payment Services Agreement between Merchant and Braintree (the “Agreement”) in accordance with the “Effect of this Addendum” section below. Capitalized terms used but not defined in this Addendum shall have the meaning set out in the Agreement. EFFECT OF THIS ADDENDUM This Addendum amends and forms part of the Agreement, consequential or treble damages. The arbitrator(s) selection process shall be concluded by and is effective as of the parties within sixty (60) days Effective Date 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 Agreement.

Appears in 1 contract

Samples: Services Agreement

Agreement to Arbitrate. The undersigned parties agree that Either you or we may, without the other's consent, elect mandatory, binding arbitration for any disputes that may arise claim, dispute, or controversy between them you and us (called "Claims"). What Claims are subject to arbitration? All Claims relating to your Card, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including but not limited intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any controversies Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or claims arising out of or relating other representative action are subject to this Agreement or any alleged breach thereofarbitration on an individual (non-class, non-representative) basis, and any dispute over the interpretation arbitrator may award relief only on an individual (non-class, non-representative) basis. Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or scope against anyone connected with us or you or claiming through us or you, such as a co-applicant or authorized user of your Card, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your Card, are subject to arbitration. Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration clause) shall provision in the broadest way the law will allow it to be settled by enforced. This arbitration by a single arbitrator agreed to provision is governed by the partiesFederal Arbitration Act (the "FAA"). What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, or if so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. How Arbitration Works. How does a party initiate arbitration? The party filing for arbitration must choose 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 following arbitration firms and follow its rules and procedures for initiating and pursuing arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the party arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the second partycurrent rules of each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows: American Arbitration Association, 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000-0000 Web site: xxx.xxx.xxx JAMS, 0000 Xxxx Xxxxxx, Xxxxxx, XX 00000 Web site: xxx.xxxxxxx.xxx At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbi- tration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. What procedures and the third member being selected by the first two arbitrators as previously selected by the partieslaw are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator(s) shall administer the arbitration arbitrator will be either a lawyer with at least 10 years experience or a retired or former judge, selected in accordance with the American Arbitration Associationrules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, Commercial Arbitration Rulesin which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and judgment will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator shall make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the award rendered rights and obligations of any other person, or on the resolution of any other dispute. Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the arbitrator(srules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be entered pursued on your or our behalf in any court having jurisdiction thereoflitigation in any court. No Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person. When is an arbitration award final? The arbitrator's award is final and binding on the parties unless a party shall be entitled appeals it in writing to punitive, consequential or treble damagesthe arbitration firm within fifteen days of notice of the award. The arbitrator(s) selection process shall be concluded appeal must request a new arbitration before a panel of three neutral arbitrators designated by the parties within sixty (60) days of same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to 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.proceeding using a single arbitrator, and make decisions

Appears in 1 contract

Samples: Cardholder 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 parties, or arbitrator; and (c) arbitration may proceed in the absence of any Party if one cannot be agreed written notice (pursuant to the JAMS/Endispute rules and regulations) of the proceedings has been given to such Party. Each Party shall bear its own attorneys fees and expenses; provided that the arbitrator may assess the prevailing Party’s fees and costs against the non-prevailing Party as part of the arbitrator’s award. 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 1 contract

Samples: Separation Agreement and Release (Axalta Coating Systems Ltd.)

Agreement to Arbitrate. THE PARTIES TO THIS AGREEMENT AGREE THAT ANY CLAIM OR DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING ANY CLAIMS RELATED TO THE NORWEX COMPENSATION PLAN, NORWEX PRODUCTS OR SERVICES, THE RIGHTS AND OBLIGATIONS OF THE PARTIES WITH RESPECT TO THIS AGREEMENT, OR ANY OTHER CLAIMS RELATING TO THE PERFORMANCE OF EITHER PARTY UNDER THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION IN WINNIPEG, MANITOBA PURSUANT TO THE COMMERCIAL ARBITRATION ACT OF MANITOBA WITH EACH PARTY BEARING ITS OWN COSTS. Although this agreement is made and entered into between the Independent Sales Consultant and Norwex, affiliates, owners, members, managers, and employees of Norwex (“Related Parties”) are intended third party beneficiaries of the Agreement, including this agreement to arbitrate. This provision shall not restrict Norwex from seeking interim or permanent injunctive relief in a court of competent jurisdiction, provided, however, that the sole and exclusive venue for any court proceedings shall be in Winnipeg, Manitoba. The undersigned parties agree that to this Agreement consent to the exclusive jurisdiction of the Province of Manitoba for the purpose of enforcing any disputes that may arise arbitration award or other legal proceedings between them (including but not limited them. This agreement to arbitrate shall survive any controversies termination or claims expiration of this Agreement. The prevailing party in any dispute arising out of under 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 damagesrecover its reasonable legal fees and costs. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of ArbitrationSC0062 15410 – 0217 000 Xxxxxxxx Xxx. 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.East • Box 714 • Dauphin • MB • R7N 3B3

Appears in 1 contract

Samples: Canadian Independent Sales Consultant

Agreement to Arbitrate. The undersigned parties Supplier and Service Provider agree that any and all disputes or claims that have arisen or may arise between them Supplier and Service Provider shall be resolved exclusively through final and binding arbitration, rather than in court, except that Supplier may assert claims in small claims court, if Supplier's 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. The Federal Arbitration Act governs the interpretation and enforcement of this provision. THE PARTIES ALSO AGREE THAT SUPPLIER AND SERVICE PROVIDER 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 SUPPLIER AND Service Provider 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 SERVICE PROVIDER SUPPLIERS. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as modified by this Agreement to any controversies or claims arising out Arbitrate. The AAA’s rules are available at xxx.xxx.xxx. Payment of or all filing, administration, and arbitrator fees will be governed by the AAA’s rules. All issues are for the arbitrator to decide, except that issues relating to arbitrability, or the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. If a court decides that any part of this Section 9 is invalid or any alleged breach thereofunenforceable, the other parts of this Section 9 shall still apply. Arbitrations will take place in Wilmington, Delaware. If the value of the relief sought is $10,000 or less, Supplier or Service Provider may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on Supplier and Service Provider 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, Supplier and/or Service Provider 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 recognized principles of equity, 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: GHX Supplier Epay Terms and Conditions

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: Lot Lease Agreement

Agreement to Arbitrate. The undersigned parties PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND QUICKCARD HAVE AGAINST EACH OTHER ARE RESOLVED. You and QuickCard agree that any and all disputes or claims that have arisen or may arise between them you and QuickCard 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. The Federal Arbitration Act governs the interpretation and enforcement of this provision. THE PARTIES ALSO AGREE THAT YOU AND QUICKCARD 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 QUICKCARD 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 QUICKCARD MERCHANTS. The arbitration will be conducted by the Judicial Arbitration & Mediation Services (“JAMS”) pursuant to any controversies or claims arising out its Streamlined Arbitration Rules and Procedures, as modified by this Agreement to Arbitrate. Payment of or all filing, administration, and arbitrator fees will be governed by the JAMS rules. All issues are for the arbitrator to decide, except that issues relating to this Agreement arbitrability, or any alleged breach thereof, and any dispute over the interpretation scope or scope enforceability of this arbitration clause) agreement to Arbitrate, shall be settled for a court of competent jurisdiction to decide. If a court decides that any part of this Section is invalid or unenforceable, the other parts of this Section shall still apply. The arbitration shall be held in San Diego, California or another mutually agreed upon location. QuickCard may elect to have the arbitration conducted by arbitration by a single arbitrator agreed telephone or based solely on written submissions, which election shall be binding on you and QuickCard 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 discretion 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 to require an in-person hearing, if the arbitration in accordance with the American Arbitration Associationcircumstances warrant. In cases where an in-person hearing is held, Commercial Arbitration Rulesyou and/or QuickCard may attend by telephone, and judgment on the award rendered unless required otherwise 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: Services 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 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.. Exhibit 10.2

Appears in 1 contract

Samples: Employment Agreement (Casella Waste Systems Inc)

Agreement to Arbitrate. THE PARTIES TO THIS AGREEMENT AGREE THAT ANY CLAIM OR DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING ANY CLAIMS RELATED TO THE NORWEX COMPENSATION PLAN, NORWEX PRODUCTS OR SERVICES, THE RIGHTS AND OBLIGATIONS OF THE PARTIES WITH RESPECT TO THIS AGREEMENT, OR ANY OTHER CLAIMS RELATING TO THE PERFORMANCE OF EITHER PARTY UNDER THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION IN WINNIPEG, MANITOBA PURSUANT TO THE COMMERCIAL ARBITRATION ACT OF MANITOBA WITH EACH PARTY BEARING ITS OWN COSTS. Although this agreement is made and entered into between the Independent Consultant and Norwex, affiliates, owners, members, managers, and employees of Norwex (“Related Parties”) are intended third party beneficiaries of the Agreement, including this agreement to arbitrate. This provision shall not restrict Norwex from seeking interim or permanent injunctive relief in a court of competent jurisdiction, provided, however, that the sole and exclusive venue for any court proceedings shall be in Winnipeg, Manitoba. The undersigned parties agree that to this Agreement consent to the exclusive jurisdiction of the Province of Manitoba for the purpose of enforcing any disputes that may arise arbitration award or other legal proceedings between them (including but not limited them. This agreement to arbitrate shall survive any controversies termination or claims expiration of this Agreement. The prevailing party in any dispute arising out of under 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 damagesrecover its reasonable legal fees and costs. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration22065 - 1220 000 Xxxxxxxx Xxx. 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.East • Box 714 • Dauphin • MB • R7N 3B3

Appears in 1 contract

Samples: theresourceca.norwex.com

Agreement to Arbitrate. The undersigned parties agree that Either you or we may, without the other's consent, elect mandatory, binding arbitration for any disputes that may arise claim, dispute, or controversy between them you and us (called "Claims"). What Claims are subject to arbitration? All Claims relating to your account, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including but not limited intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any controversies Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or claims arising out of or relating other representative action are subject to this Agreement or any alleged breach thereofarbitration on an individual (non-class, non-representative) basis, and any dispute over the interpretation arbitrator may award relief only on an individual (non-class, non-representative) basis. Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or scope against anyone connected with us or you or claiming through us or you, such as a co-applicant or authorized user of your account, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your account, are subject to arbitration. Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration clause) shall provision in the broadest way the law will allow it to be settled by enforced. This arbitration by a single arbitrator agreed to provision is governed by the partiesFederal Arbitration Act (the "FAA"). What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, or if so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. How Arbitration Works. How does a party initiate arbitration? The party filing arbitration must choose 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 following arbitration firms and follow its rules and procedures for initiating and pursuing arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the party arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the second partycurrent rules of each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows: American Arbitration Association 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 0000 Chicago, IL 60601-7601 Web site: xxx.xxx.xxx JAMS 0000 Xxxx Xxxxxx Irvine, CA 92614 Web site: xxx.xxxxxxx.xxx At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbi- tration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. What procedures and the third member being selected by the first two arbitrators as previously selected by the partieslaw are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator(s) shall administer the arbitration arbitrator will be either a lawyer with at least 10 years’ experience or a retired or former judge, selected in accordance with the American Arbitration Associationrules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, Commercial Arbitration Rulesin which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and judgment will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the award rendered rights and obligations of any other person, or on the resolution of any other dispute. Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the arbitrator(srules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be entered pursued on your or our behalf in any court having jurisdiction thereoflitigation in any court. No party shall Claims, including assigned Claims, of two or more persons may not be entitled to punitivejoined or consolidated in the same arbitration. However, consequential applicants, co-applicants, authorized users on a single account and/or related accounts, 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 ARBITRATORcorporate affiliates are here considered as one person.

Appears in 1 contract

Samples: Cardholder Agreement

Agreement to Arbitrate. The undersigned parties agree that any disputes that CONTROVERSIES Pre-dispute arbitration clauses aren’t applicable to residents of the state of Washington and various other states. To the extent permitted by law, all controversies which may arise between them (including but not limited to the Client and Adviser concerning any controversies or claims transaction arising out of or relating to this Agreement Agreement, or the construction, performance, or breach of this or any alleged breach thereofother agreement between us whether entered into prior to, and any dispute over on, or subsequent to the interpretation or scope of this arbitration clause) date hereof, shall be settled by submitted to arbitration by a single arbitrator agreed to by under 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 prevailing Securities 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 Association, Commercial Arbitration Rules, and judgment on . Judgment upon the award rendered by the arbitrator(s) in any such arbitration may be entered in any court having jurisdiction thereofcompetent jurisdiction. Nothing stated herein shall constitute a waiver of any rights of which the Client may have under federal or state securities laws. Any such arbitration shall be held in San Diego, CA. No party person (excluding residents of the state of Washington and various other states where pre-dispute arbitration aren’t applicable) shall be entitled bring a putative or certified class action to punitivearbitration, consequential nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or treble damages. The arbitrator(s) selection process shall be concluded who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the parties within sixty putative class action until: (60i) days the class certification is denied; or (ii) the class is decertified; or (iii) Client is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of a party’s Notice any rights under this Agreement except to the extent stated herein. Additional terms added by the Addendum are hereby incorporated into the original Agreement and supersede or modify any terms with which they are in conflict. Terms of Arbitrationthe Addendum that conflict with the terms in the original Agreement supersede those terms. ACKNOWLEDGMENT OF ARBITRATION PURSUANT TO 12 V.S.A. § 5651 et seqBy signing this Addendum, the Client acknowledges that this Agreement contains an arbitration clause and the Client agrees to the provisions discussed in the arbitration clause. 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.Client Signature Date Client Signature Date Accepted By Adviser: Principal Date

Appears in 1 contract

Samples: Investment Management 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 1 contract

Samples: Cardholder Agreement

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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 agree that Either you or we may, without the other's consent, elect mandatory, binding arbitration for any disputes that may arise claim, dispute, or controversy between them you and us (called "Claims"). What Claims are subject to arbitration? All Claims relating to your Card, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including but not limited intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any controversies Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or claims arising out of or relating other representative action are subject to this Agreement or any alleged breach thereofarbitration on an individual (non-class, non-representative) basis, and any dispute over the interpretation arbitrator may award relief only on an individual (non-class, non-representative) basis. Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or scope against anyone connected with us or you or claiming through us or you, such as a co-applicant or authorized user of your Card, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your Card, are subject to arbitration. Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration clause) shall provision in the broadest way the law will allow it to be settled by enforced. This arbitration by a single arbitrator agreed to provision is governed by the partiesFederal Arbitration Act (the "FAA"). What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, or if so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. How Arbitration Works. How does a party initiate arbitration? The party filing for arbitration must choose 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 following arbitration firms and follow its rules and procedures for initiating and pursuing arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the party arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the second partycurrent rules of each of the two arbitration firms and forms and instructions for initiating arbitration by contacting them as follows: American Arbitration Association, 000 Xxxxx Xxxxxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, XX 00000-0000 Web site: xxx.xxx.xxx JAMS, 0000 Xxxx Xxxxxx, Xxxxxx, XX 00000 Web site: xxx.xxxxxxx.xxx At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbi- tration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. What procedures and the third member being selected by the first two arbitrators as previously selected by the partieslaw are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator(s) shall administer the arbitration arbitrator will be either a lawyer with at least 10 years experience or a retired or former judge, selected in accordance with the American Arbitration Associationrules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, Commercial Arbitration Rulesin which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and judgment will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator shall make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the award rendered rights and obligations of any other person, or on the resolution of any other dispute. Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the arbitrator(srules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be entered pursued on your or our behalf in any court having jurisdiction thereoflitigation in any court. No party shall Claims, including assigned Claims, of two or more persons may not be entitled to punitivejoined or consolidated in the same arbitration. However, consequential applicants, co-applicants, authorized users on a single account and/or related accounts, 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 ARBITRATORcorporate affiliates are here considered as one person.

Appears in 1 contract

Samples: Cardholder Agreement

Agreement to Arbitrate. The undersigned parties PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND BRAINTREE HAVE AGAINST EACH OTHER ARE RESOLVED. 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 (including but not limited 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 will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as modified by this Agreement to any controversies or claims arising out Arbitrate. The AAA’s rules are available at xxx.xxx.xxx. Payment of or all filing, administration, and arbitrator fees will be governed by the AAA’s rules. All issues are for the arbitrator to decide, except that issues relating to arbitrability, or the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. If a court decides that any part of this Section 9.10 is invalid or any alleged breach thereofunenforceable, the other parts of this Section 9.10 shall still apply. 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 recognized principles of equity, 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 EXHIBIT A – Data Protection Addendum This Data Protection Addendum (“Addendum”) is entered into between Merchant and PayPal, Inc., a Delaware corporation whose address is 0000 Xxxxx Xxxxx Xxxxxx, Xxx Xxxx, XX 00000 ("Braintree" or “PayPal”) (collectively the “Parties”). This Addendum shall be entitled to punitiveform part of the Payment Services Agreement between Merchant and Braintree (the “Agreement”) in accordance with the “Effect of this Addendum” section below. Capitalized terms used but not defined in this Addendum shall have the meaning set out in the Agreement. EFFECT OF THIS ADDENDUM This Addendum amends and forms part of the Agreement, consequential or treble damages. The arbitrator(s) selection process shall be concluded by and is effective as of the parties within sixty (60) days Effective Date 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 Agreement.

Appears in 1 contract

Samples: Services Agreement

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 1 contract

Samples: Release and Indemnity Agreement

Agreement to Arbitrate. The undersigned parties PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL IMPACT HOW CLAIMS YOU AND NANOKARD HAVE AGAINST EACH OTHER ARE RESOLVED. You and XxxxXxxx agree that any and all disputes or claims that have arisen or may arise between them you and NanoKard 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. The Federal Arbitration Act governs the interpretation and enforcement of this provision. THE PARTIES ALSO AGREE THAT YOU AND NANOKARD MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND NANOKARD 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 NANOKARD MERCHANTS. The arbitration will be conducted by the Judicial Arbitration & Mediation Services (“JAMS”) pursuant to any controversies or claims arising out its Streamlined Arbitration Rules and Procedures, as modified by this Agreement to Arbitrate. Payment of or all filing, administration, and arbitrator fees will be governed by the JAMS rules. All issues are for the arbitrator to decide, except that issues relating to this Agreement arbitrability, or any alleged breach thereof, and any dispute over the interpretation scope or scope enforceability of this arbitration clause) agreement to Arbitrate, shall be settled for a court of competent jurisdiction to decide. If a court decides that any part of this Section is invalid or unenforceable, the other parts of this Section shall still apply. The arbitration shall be held in San Diego, California or another mutually agreed upon location. NanoKard may elect to have the arbitration conducted by arbitration by a single arbitrator agreed telephone or based solely on written submissions, which election shall be binding on you and NanoKard 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 discretion 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 to require an in-person hearing, if the arbitration in accordance with the American Arbitration Associationcircumstances warrant. In cases where an in- person hearing is held, Commercial Arbitration Rulesyou and/or NanoKard may attend by telephone, and judgment on the award rendered unless required otherwise 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: cdn.prod.website-files.com

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 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: Basic Lease (E Com Ventures Inc)

Agreement to Arbitrate. The undersigned parties Supplier and Service Provider agree that any and all disputes or claims that have arisen or may arise between them Supplier and Service Provider shall be resolved exclusively through final and binding arbitration, rather than in court, except that Supplier may assert claims in small claims court, if Supplier's 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. The Federal Arbitration Act governs the interpretation and enforcement of this provision. THE PARTIES ALSO AGREE THAT SUPPLIER AND SERVICE PROVIDER 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 SUPPLIER AND Service Provider 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 SERVICE PROVIDER SUPPLIERS. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as modified by this Agreement to any controversies or claims arising out Arbitrate. The AAA’s rules are available at xxx.xxx.xxx. Payment of or all filing, administration, and arbitrator fees will be governed by the AAA’s rules. All issues are for the arbitrator to decide, except that issues relating to arbitrability, or the scope or enforceability of this Agreement to Arbitrate, shall be for a court of competent jurisdiction to decide. If a court decides that any part of this Section 9 is invalid or any alleged breach thereofunenforceable, the other parts of this Section 9 shall still apply. Arbitrations will take place in Wilmington, Delaware. If the value of the relief sought is $10,000 or less, Supplier or Service Provider may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on Supplier and Service Provider 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, Supplier and/or Service Provider 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 recognized principles of equity, 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: www.ghx.com

Agreement to Arbitrate. THE PARTIES TO THIS AGREEMENT AGREE THAT ANY CLAIM OR DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT, INCLUDING ANY CLAIMS RELATED TO THE NORWEX COMPENSATION PLAN, NORWEX PRODUCTS OR SERVICES, THE RIGHTS AND OBLIGATIONS OF THE PARTIES WITH RESPECT TO THIS AGREEMENT, OR ANY OTHER CLAIMS RELATING TO THE PERFORMANCE OF EITHER PARTY UNDER THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION IN WINNIPEG, MANITOBA PURSUANT TO THE COMMERCIAL ARBITRATION ACT OF MANITOBA WITH EACH PARTY BEARING ITS OWN COSTS. Although this agreement is made and entered into between the Independent Consultant and Norwex, affiliates, owners, members, managers, and employees of Norwex (“Related Parties”) are intended third party beneficiaries of the Agreement, including this agreement to arbitrate. This provision shall not restrict Norwex from seeking interim or permanent injunctive relief in a court of competent jurisdiction, provided, however, that the sole and exclusive venue for any court proceedings shall be in Winnipeg, Manitoba. The undersigned parties agree that to this Agreement consent to the exclusive jurisdiction of the Province of Manitoba for the purpose of enforcing any disputes that may arise arbitration award or other legal proceedings between them (including but not limited them. This agreement to arbitrate shall survive any controversies termination or claims expiration of this Agreement. The prevailing party in any dispute arising out of under 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 damagesrecover its reasonable legal fees and costs. The arbitrator(s) selection process shall be concluded by the parties within sixty (60) days of a party’s Notice of Arbitration20240 – 1219 000 Xxxxxxxx Xxx. 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.East • Box 714 • Dauphin • MB • R7N 3B3

Appears in 1 contract

Samples: suzanneholt.norwex.biz

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 the Card Parties agree that to arbitrate any and all claims or disputes arising from your attempted or actual use of the Services (“Dispute”) (including any disputes with Service Providers) before a neutral arbitrator who has the power to award the same damages and relief that may arise between them (including but not limited to a court can. 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 ANY CARD PARTIES. If any controversies or claims arising out section of or relating to this Agreement or any alleged breach thereof, and any dispute over the interpretation or scope 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 T 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 ARBITRATOR.Your agreement to arbitrate and these related terms are made pursuant to a transaction involving interstate commerce, and are governed by the Federal Arbitration Act and not any state arbitration law. Trustpage

Appears in 1 contract

Samples: allison.trust.page

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 agree that hereby knowingly, voluntarily and intentionally waive any disputes that right which they may arise between them have to trial by jury in respect to any litigation based hereon (including including, but not limited to to, any controversies claims, counterclaims, crossclaims and third-party claims), or claims arising out of of, under, or relating to in connection with this Agreement or the parties' performance hereunder (including, without limitation, any alleged breach thereof, action to rescind or cancel this Agreement and any claims or defenses asserting that this Agreement was fraudulently induced or is otherwise void or voidable). In the event of any dispute over relating to or arising out of, under or in connection with this Agreement, Coulter and IMI shall meet promptly to discuss 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 matter in good faxxx. Xxy dispute that cannot be agreed resolved in the above fashion within thirty (30) days after the dispute was raised, shall be submitted to by the parties, then by binding arbitration before a panel of three (3) person arbitration panel which is arbitrators, one of whom shall be chosen by Coulter, another of whom shall be selected by the party of the first party, the second member chosen by the party of the second partyIMI, and the third member being selected of xxxx xxall be chosen by the first two arbitrators as previously selected by the partiesalready selected. The arbitrator(s) panel shall administer convene in Miami, Florida and shall otherwise observe the arbitration in accordance with Commercial Arbitration Rules of the American Arbitration Association, Commercial Arbitration Rules, Association then in effect. The parties shall take all reasonable measures to expedite this arbitration process. The decision of the panel shall be binding and judgment on the award rendered by the arbitrator(s) may be entered in enforced by any court having competent jurisdiction thereof. No party The parties hereby agree that jurisdiction for enforcement of any decision of the arbitration panel shall be entitled to punitive, consequential lie in the Circuit Court for Dade County or treble damages. The arbitrator(s) selection process shall be concluded by in 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 ARBITRATORU.S. District Court for the Southern District in the event the dispute qualifies for federal jurisdiction.

Appears in 1 contract

Samples: Settlement Agreement (Intelligent Medical Imaging Inc)

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