Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at xxxxx://xxx.xxxxxxx.xxx/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to ...
Agreement to Binding Arbitration. Any and all claims, disputes and other matters in question that may occur between owner, the contractor, and/or CT, arising out of, in connection with, or relating to this Limited Warranty or breach thereof, shall be submitted to BINDING ARBITRATION for resolution. The arbitration shall be conducted by the American Arbitration Association under its Construction Industry Arbitration Rules then in effect, unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the Federal Arbitration Act, 9 U.S.C. § 2 or the applicable state arbitration laws. The award rendered by the arbitrator shall be final, and judgment may be entered upon such award in accordance with applicable law in any court having jurisdiction thereof.
Agreement to Binding Arbitration. THE PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE BREACH THEREOF SHALL AT EITHER PARTIES ELECTION, BE SUBMITTED TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EITHER PARTY MAY OBTAIN PROVISIONAL OR ANCILLARY REMEDIES SUCH AS INJUNCTIVE RELIEF OR THE APPOINTMENT OF A RECEIVER, OR EXERCISE SELF-HELP, AT ANY TIME WITHOUT WAIVING ITS RIGHT TO ARBITRATION.
Agreement to Binding Arbitration. Employee and ServiceSource acknowledge and agree that in the event that there is any dispute arising out of Employee’s employment with ServiceSource, including but not limited to any dispute over the interpretation, application or breach of this Agreement, and any dispute over the termination of Employee’s employment with ServiceSource, or allegations of discrimination or harassment arising under state or federal antidiscrimination statutes (such as the California Fair Employment and Housing Act, the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act) or otherwise, if the parties are unable to resolve such a dispute through informal means, Employee and ServiceSource agree to submit all such disputes exclusively to FINAL AND BINDING ARBITRATION pursuant to the Mutual Arbitration Agreement. Such disputes or claims shall not be subject to trial by jury or by a court of any jurisdiction.
Agreement to Binding Arbitration. Except as provided in Section 32.4 below, any dispute, claim or controversy arising out of or relating to this Lease, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Arbitration of Disputes Article, shall be determined by binding arbitration in Westlake, California (the "Arbitration"), before one (1) neutral arbitrator ("Arbitrator"). The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in strict, full, complete, and timely accordance with this Arbitration of Disputes provision.
Agreement to Binding Arbitration. Each dispute or controversy that arises out of or is related to (a) your Card, or (b) your Card Balance, or (c) any service relating to your Card or your Card Balance, or (d) any matter relating to your or our rights and obligations provided for in this Agreement or any other agreement or instrument relating to your Card or your Card Balance, whether based on statute, contract, tort, fraud, misrepresentation or any other legal or equitable theory, including interest and attorney's fees, where applicable (any "Claim"), must be determined on an individual basis by binding arbitration in accordance with the Federal Arbitration Act
Agreement to Binding Arbitration. If you and The Den do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms of Service (including their formation, performance and breach, including breach of the arbitration agreement), your use of the Services, your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by AAA American Arbitration
Agreement to Binding Arbitration. (a) Any dispute, claim or controversy between you and Yowlo, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Yowlo”) arising from or relating in any way to: (1) these Terms and Conditions and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms and Conditions; (2) your use of the App or Site; or (3) any products or services sold or distributed by Yowlo and its affiliated brands or through any app or website owned or operated by Yowlo (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court.
(b) The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
(c) There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
(d) Notwithstanding the foregoing, in lieu of arbitration: you agree that you or Yowlo may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Agreement to Binding Arbitration. Any controversy or claim arising out of or relating to this contrast or engagement or breach thereof, shall be settled by arbitration and administered by the American Arbitration Association in accordance with its rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In rendering the award, the arbitrator shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California. The arbitration proceedings shall be conducted in San Francisco, California. The prevailing party in any arbitration shall be awarded is attorneys' fees and costs incurred in connection with the arbitration. Antenna Group Client Services Agreement for Ecology Coatings, Inc. March 1, 2005 QBPHX\126261.00002\2103676.1 Page 3 Initials: /s/ & /s/
Agreement to Binding Arbitration. IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND COMPANY MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN. This agreement to arbitrate contained in this Section 12 (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with Company. Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or controversy whether based on past, present or future events arising out of or relating to: this Agreement and prior versions (including the breach, termination, enforcement, interpretation or validity thereof); the Services,; breach of any express or implied contract or breach of any express or implied covenant; or claims arising under federal or state consumer protection law. If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Company agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
16. Conflict/Disputes Involving Ky0x services
