Agreement to Arbitration. 11.1 Client agrees that all disputes between you and LKNDS (whether or not such dispute involves a third party) arising out of or relating to these terms and conditions, or the services, shall be resolved by arbitration before a single arbitrator conducted in the English language within ten (10) miles of Mooresville, NC under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and you and LKNDS hereby expressly waive trial by jury. You and LKNDS shall appoint as sole arbitrator a person mutually agreed by you and LKNDS or, if you and LKNDS cannot agree within thirty (30) days of either party's request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
Agreement to Arbitration. It is understood that any dispute as to medical malpractice, that is as to whether any medical service rendered will be determined by submission to arbitration as provided by North Carolina law, and not by a lawsuit or resort to court process except as North Carolina law provides for judicial review of arbitration processing. Both parties to this contract by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and are instead accepting the use of arbitration.
Agreement to Arbitration. Any dispute, claim or controversy based on, arising out of or relating to Executive’s employment or this Agreement shall be settled by final and binding arbitration in San Diego, California, before a single neutral arbitrator in accordance with the National Rules for the Resolution of Employment Disputes (the “Rules”) of the American Arbitration Association (the “AAA”), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration may be compelled pursuant to the California Arbitration Act (Code of Civil Procedure §§ 1280 et seq.). If the Parties are unable to agree upon an arbitrator, one shall be appointed by the AAA in accordance with the Rules. Each Party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case; however, Executive and the Company agree that, to the extent permitted by law, the arbitrator shall award attorneys’ fees, other costs of the arbitration, including the cost of any record or transcripts of the arbitration, AAA’s administrative fees, the fee of the arbitrator, and all other fees and costs to the prevailing Party. This Section 7(5) is intended to be the exclusive method for resolving any and all claims by the Parties against each other for payment of damages under this Agreement or relating to Executive’s employment; provided, however, that neither this Agreement nor the submission to arbitration shall limit the Parties’ right to seek provisional relief, including without limitation injunctive relief, in any court of competent jurisdiction pursuant to California Code of Civil Procedure § 1281.8 or any similar statute of an applicable jurisdiction. Seeking any such relief shall not be deemed to be a waiver of such Party’s right to compel arbitration. Both Executive and the Company expressly waive their right to a jury trial.
Agreement to Arbitration. Subject to the provisions of the next paragraph below, Bank and Maker agree to submit to binding arbitration any and all claims, disputes and controversies between or among them, whether in tort, contract or otherwise (and their respective employees, officers, directors, attorneys, and other agents) arising out of or relating to in any way to the loan and related loan documents which are the subject of this note and its negotiation, execution, collateralization, administration, repayment, modification, extension, substitution, formation, inducement, collection, enforcement, default or termination. Nothing in the preceding paragraph, nor the exercise of any right to arbitrate thereunder, shall limit the right of any party hereto (1) to foreclose against any real or personal property collateral by the exercise of the power of sale under a deed of trust, mortgage, or other security agreement, or instrument, or applicable law; (2) to exercise self-help remedies such as setoff or repossession; or (3) to obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment, or appointment of a receiver from a court having jurisdiction before, during or after the pendency of any arbitration proceeding. The institution and maintenance of any action for such judicial relief, or pursuit to provisional or ancillary remedies, or exercise of self-help remedies shall not constitute a waiver of the right or obligation of any party to submit any claim or dispute to arbitration, including those claims or disputes arising from exercise of any such judicial relief, or pursuit of provisional or ancillary remedies, or exercise of self-help remedies.
Agreement to Arbitration. The Company and Employee hereby agree to submit any claim or dispute arising out of the terms of this agreement, to private, confidential and binding arbitration by a single neutral arbitrator. Subject to the terms of this paragraph, the arbitration proceeding shall be governed by the Rules of the American Arbitration Association. The arbitrator shall be appointed by agreement of the parties hereto or, if no agreement can be reached, by the American Arbitration Association pursuant to its rules. In the alternative, the parties may agree to select an arbitrator from, and be bound by the rules of, a local arbitration service. The decision of the arbitrator shall be final and binding on the parties to the arbitration, and judgment thereon may be entered in any court having jurisdiction. The parties agree the Federal Arbitration Act applies. The parties shall split the costs of any such arbitration and each party shall bear its own attorney fees and witness expenses. This arbitration procedure is intended to be the exclusive method of resolving any claim relating to the obligations set forth in this agreement. Each party is entering into this agreement voluntarily. Standard Insurance Company By: /s/ J. Xxxx Xxxx Title: CEO Date: 5-28-2015 Employee I am signing this Agreement voluntarily for the valuable consideration listed herein. By: /s/ Xxxxx X. Xxxxxxx Xxxxx X. Xxxxxxx Date: 5-28-2015
Agreement to Arbitration. The Parties mutually agree to submit to binding arbitration any and all disputes, claims or controversies arising out of or relating to this Agreement, except as to those claims excluded herein. This Agreement includes any claims that the Company may have against Xxxxx, or that Xxxxx may have against the Company, including the Company's officers, directors, employees, agents, parents, subsidiaries, or affiliated entities, relating to this Agreement. Requests for temporary restraining orders and/or preliminary injunctions where such relief is authorized by law are excluded from this arbitration agreement. The filing of a court action for an injunction or other provisional remedy shall not constitute a waiver of this Agreement's provisions.
Agreement to Arbitration. The parties agree that any and all disputes arising out of their transactions or relationship will be submitted to arbitration. Any party may submit a dispute to arbitration, except as otherwise indicated in the agreement or otherwise agreed to in writing by the parties.
