Common use of Arbitrable Claims Clause in Contracts

Arbitrable Claims. All actions, disputes, claims and controversies under common law, statutory law, rules of professional ethics, or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and directly relating to: (a) this Agreement or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between IPLLC and Patent Owner related to the subject matter hereof to the extent set forth in Section 8.2; (c) any act or omission committed by IPLLC or its Representatives with respect to this Agreement, or by any member, employee, agent, or lawyer of IPLLC with respect to this Agreement, whether or not arising within the scope and course of employment or other contractual representation of IPLLC (provided that such act arises under a relationship, transaction or dealing between IPLLC and Patent Owner); or (d) any act or omission committed by Patent Owner with respect to this Agreement, or by any employee, agent, partner or lawyer of Patent Owner with respect to this Agreement whether or not arising within the scope and course of employment or other contractual representation of Patent Owner (provided that such act arises under a relationship, transaction or dealing between IPLLC and Patent Owner) (collectively, the “Disputes”), will be subject to and resolved by binding arbitration under this Section 6.3 and Section 6.4 below, provided however, that nothing in this Section 6 shall limit the rights, if any, of IPLLC to commence or maintain judicial proceedings pursuant to the Restructure Agreement and other Restructure Documents. The Parties agree that the arbitrators have exclusive jurisdiction, to the exclusion of any court (except as specifically provided with regard to prejudgment, provisional, or enforcement proceedings in Section 6.5), to decide all Disputes.

Arbitrable Claims. All actions, disputes, claims and controversies under common law, statutory law, rules of professional ethics, or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and directly relating to: (a) this Agreement or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between IPLLC UWH and Patent Owner related to the subject matter hereof to the extent set forth in Section 8.2; (c) any act or omission committed by IPLLC UWH or its Representatives with respect to this Agreement, or by any member, employee, agent, or lawyer of IPLLC UWH with respect to this Agreement, whether or not arising within the scope and course of employment or other contractual representation of IPLLC UWH (provided that such act arises under a relationship, transaction or dealing between IPLLC UWH and Patent Owner); or (d) any act or omission committed by Patent Owner with respect to this Agreement, or by any employee, agent, partner or lawyer of Patent Owner with respect to this Agreement whether or not arising within the scope and course of employment or other contractual representation of Patent Owner (provided that such act arises under a relationship, transaction or dealing between IPLLC UWH and Patent Owner) (collectively, the “Disputes”), will be subject to and resolved by binding arbitration under this Section 6.3 and Section 6.4 below, provided however, that nothing in this Section 6 shall limit the rights, if any, of IPLLC to commence or maintain judicial proceedings pursuant to the Restructure Agreement and other Restructure Documents. The Parties agree that the arbitrators have exclusive jurisdiction, to the exclusion of any court (except as specifically provided with regard to prejudgment, provisional, or enforcement proceedings in Section 6.5), to decide all Disputes.

Arbitrable Claims. All actions, disputes, claims and controversies under common law, statutory law, rules of professional ethics, or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and directly relating to: (a) this Agreement or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between IPLLC LCF and Patent Claim Owner related to the subject matter hereof to the extent set forth in Section 8.212.2; (c) any act or omission committed by IPLLC LCF or its Representatives with respect to this Agreement, or by any member, employee, agent, or lawyer of IPLLC LCF with respect to this Agreement, whether or not arising within the scope and course of employment or other contractual representation of IPLLC LCF (provided that such act arises under a relationship, transaction or dealing between IPLLC LCF and Patent Claim Owner); or (d) any act or omission committed by Patent Claim Owner with respect to this Agreement, or by any employee, agent, partner or lawyer of Patent Claim Owner with respect to this Agreement whether or not arising within the scope and course of employment or other contractual representation of Patent Claim Owner (provided that such act arises under a relationship, transaction or dealing between IPLLC LCF and Patent Claim Owner) (collectively, the “Disputes”), will be subject to and resolved by binding arbitration under this Section 6.3 10.3 and Section 6.4 10.4 below, provided however, that nothing in this Section 6 shall limit the rights, if any, of IPLLC to commence or maintain judicial proceedings pursuant to the Restructure Agreement and other Restructure Documents. The Parties agree that the arbitrators have exclusive jurisdiction, to the exclusion of any court (except as specifically provided with regard to prejudgment, provisional, or enforcement proceedings in Section 6.510.5), to decide all Disputes.

Arbitrable Claims. All actions, disputes, claims and controversies under common law, statutory law, rules of professional ethics, or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and directly relating to: (a) this Agreement or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between IPLLC and Patent Owner Company related to the subject matter hereof to the extent set forth in Section 8.2; (c) any act or omission committed by IPLLC or its Representatives with respect to this Agreement, or by any member, employee, agent, or lawyer of IPLLC with respect to this Agreement, whether or not arising within the scope and course of employment or other contractual representation of IPLLC (provided that such act arises under a relationship, transaction or dealing between IPLLC and Patent OwnerCompany); or (d) any act or omission committed by Patent Owner Company with respect to this Agreement, or by any employee, agent, partner or lawyer of Patent Owner Company with respect to this Agreement whether or not arising within the scope and course of employment or other contractual representation of Patent Owner Company (provided that such act arises under a relationship, transaction or dealing between IPLLC and Patent OwnerCompany) (collectively, the “Disputes”), will be subject to and resolved by binding arbitration under this Section 6.3 and Section 6.4 below, provided however, that nothing in this Section 6 shall limit the rights, if any, of IPLLC to commence or maintain judicial proceedings pursuant to the Restructure Agreement and other Restructure DocumentsAgreements. The Parties agree that the arbitrators have exclusive jurisdiction, to the exclusion of any court (except as specifically provided with regard to prejudgment, provisional, or enforcement proceedings in Section 6.5), to decide all Disputes.

Arbitrable Claims. All actions, disputes, claims and controversies under common law, statutory law, rules of professional ethics, or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and directly relating to: (a) this Agreement or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between IPLLC and Patent Owner the Parties related to the subject matter hereof to the extent set forth in Section 8.26; (c) any act or omission committed by IPLLC Purchaser or its Representatives with respect to this Agreement, or by any member, employee, agent, or lawyer of Purchaser or IPLLC with respect to this Agreement, whether or not arising within the scope and course of employment or other contractual representation of Purchaser or IPLLC (provided that such act arises under a relationship, transaction or dealing between IPLLC and Patent Ownerthe Parties); or (d) any act or omission committed by Patent Owner the Company with respect to this Agreement, or by any employee, agent, partner or lawyer of Patent Owner the Company with respect to this Agreement whether or not arising within the scope and course of employment or other contractual representation of Patent Owner the Company (provided that such act arises under a relationship, transaction or dealing between IPLLC and Patent Ownerthe Parties) (collectively, the “Disputes”), will be subject to and resolved by binding arbitration under this Section 6.3 (b) and Section 6.4 (c) below, provided however, that nothing in this Section 6 8 shall limit the rights, if any, of IPLLC to commence or maintain judicial proceedings pursuant to the Restructure Agreement and other Restructure Documents. The Parties agree that the arbitrators have exclusive jurisdiction, to the exclusion of any court (except as specifically provided with regard to prejudgment, provisional, or enforcement proceedings in Section 6.5(d), to decide all Disputes.

Arbitrable Claims. All actions, disputes, claims and controversies under common law, statutory law, rules of professional ethics, or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and directly relating to: (ai) this Agreement or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (bii) any previous or subsequent agreement between IPLLC Holder and Patent Owner Company related to the subject matter hereof to the extent set forth in Section 8.212)e); (ciii) any act or omission committed by IPLLC Holder or its Representatives with respect to this Agreement, or by any member, employee, agent, or lawyer of IPLLC Holder with respect to this Agreement, whether or not arising within the scope and course of employment or other contractual representation of IPLLC Holder (provided that such act arises under a relationship, transaction or dealing between IPLLC Holder and Patent OwnerCompany); or (div) any act or omission committed by Patent Owner Company with respect to this Agreement, or by any employee, agent, partner or lawyer of Patent Owner Company with respect to this Agreement whether or not arising within the scope and course of employment or other contractual representation of Patent Owner Company (provided that such act arises under a relationship, transaction or dealing between IPLLC Holder and Patent OwnerCompany) (collectively, the “Disputes”), will be subject to and resolved by binding arbitration under this Section 6.3 11(b) and Section 6.4 11(c) below, provided however, that nothing in this Section 6 11 shall limit the rights, if any, of IPLLC Holder to commence or maintain judicial proceedings pursuant to the Restructure Agreement and other Restructure Documents. .. The Parties agree that the arbitrators have exclusive jurisdiction, to the exclusion of any court (except as specifically provided with regard to prejudgment, provisional, or enforcement proceedings in Section 6.511(d), to decide all Disputes.

Arbitrable Claims. All Provided no Event of Default shall have occurred, all actions, disputes, claims and controversies under common law, statutory law, rules of professional ethics, or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and directly relating to: (ai) this Agreement or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (bii) any previous or subsequent agreement between IPLLC Holder and Patent Owner Company related to the subject matter hereof to the extent set forth in Section 8.210(d); (ciii) any act or omission committed by IPLLC Holder or its Representatives with respect to this Agreement, or by any member, employee, agent, or lawyer of IPLLC Holder with respect to this Agreement, whether or not arising within the scope and course of employment or other contractual representation of IPLLC Holder (provided that such act arises under a relationship, transaction or dealing between IPLLC Holder and Patent OwnerCompany); or (div) any act or omission committed by Patent Owner Company with respect to this Agreement, or by any employee, agent, partner or lawyer of Patent Owner Company with respect to this Agreement whether or not arising within the scope and course of employment or other contractual representation of Patent Owner Company (provided that such act arises under a relationship, transaction or dealing between IPLLC Holder and Patent OwnerCompany) (collectively, the “Disputes”), will be subject to and resolved by binding arbitration under this Section 6.3 9(b) and Section 6.4 below, 9(c) below provided however, that nothing in this Section 6 9 shall limit the rights, if any, of IPLLC Holder to commence or maintain judicial proceedings pursuant to the Restructure Agreement and other Restructure Documents. The Parties agree that the arbitrators have exclusive jurisdiction, to the exclusion of any court (except as specifically provided with regard to prejudgment, provisional, or enforcement proceedings in Section 6.59(d)), to decide all Disputes. For the avoidance of doubt, Eligible Judicial Proceedings shall not be Disputes.

Arbitrable Claims. All This Agreement concerns transactions involving commerce among the several states. The Federal Arbitration Act, Title 9 U.S.C. Sections 1 et seq., as amended (“FAA”) shall govern all arbitration(s) and confirmation proceedings hereunder. Except as otherwise specified below, all actions, disputes, claims and controversies under common law, statutory law, rules of professional ethics, law or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and whether directly or indirectly relating to: (ai) this Agreement or and/or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (bii) any previous or subsequent agreement between IPLLC Agent and Patent Owner related to the subject matter hereof to the extent set forth in Section 8.2any one or more Lenders and/or any one or more Dealers; (ciii) any act or omission committed by IPLLC Agent or its Representatives with respect to this Agreementby any parent company, subsidiary or affiliated company of Agent (the “Agent Companies”), or by any member, employee, agent, officer or lawyer director of IPLLC with respect to this Agreementan Agent Company, whether or not arising within the scope and course of employment or other contractual representation of IPLLC (the Agent Companies, provided that such act arises under a relationship, transaction or dealing between IPLLC Agent and Patent Owner)any one or more Lenders and/or any one or more Dealers; or and/or (div) any act or omission committed by Patent Owner with respect to this Agreement, or by any employee, agent, partner or lawyer of Patent Owner with respect to this Agreement whether or not arising within the scope and course of employment or other contractual representation of Patent Owner (provided that such act arises under a relationship, transaction or dealing between IPLLC or among Agent and Patent Owner) any one or more Lenders and/or and any one or more Dealers (collectively, collectively the “Disputes”), will be subject to and resolved by binding arbitration. The arbitrator(s) shall decide whether the parties have agreed to arbitrate, whether this binding arbitration under section covers, the particular Dispute between the parties. Notwithstanding the foregoing, “Disputes” does not include any dispute or controversy about the validity or enforceability of this Section 6.3 Binding Arbitration provision or any part thereof (including, without limitation, the Class Action Waiver set forth below and/or this sentence); all such disputes or controversies are for a court and Section 6.4 belownot an arbitrator to decide. However, provided howeverany dispute or controversy that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. For the avoidance of doubt, if there is any conflict or inconsistency between this Binding Arbitration provision and any other arbitration provision in any previous or subsequent agreement between Agent and any one or more Lenders and/or any one or more Dealers (other than a subsequently executed Inventory Financing Agreement), the parties agree this Binding Arbitration provision shall control and supersede any such other arbitration provision. Moreover, the parties agree that nothing either party may pursue individual claims against the other that do not exceed $75,000.00 in the aggregate through litigation as set forth hereafter. Service of arbitration claims, arbitration pleadings and confirmation pleadings or motions shall be effective if made by U.S. mail or overnight delivery to the address for the party described herein. Any change of address for purposes of service must be served by written notification to the other party at the address listed in this Section 6 shall limit the rights, if any, of IPLLC to commence or maintain judicial proceedings pursuant to the Restructure Agreement and other Restructure DocumentsAgreement. The Parties parties also agree that service on a party’s registered agent in the arbitrators have exclusive jurisdiction, to state where the exclusion of any court (except as specifically provided with regard to prejudgment, provisional, or enforcement proceedings in Section 6.5), to decide all Disputesparty is organized is proper and effective service on that party.

Arbitrable Claims. All actions, disputes, claims and controversies under common law, statutory law, rules of professional ethics, or in equity of any type or nature whatsoever, whether arising before or after the date of this Agreement, and directly relating to: (a) this Agreement or any amendments and addenda hereto, or the breach, invalidity or termination hereof; (b) any previous or subsequent agreement between IPLLC and QPRC or a Patent Owner related to the subject matter hereof to the extent set forth in Section 8.2; (c) any act or omission committed by IPLLC or its Representatives with respect to this Agreement, or by any member, employee, agent, or lawyer of IPLLC with respect to this Agreement, whether or not arising within the scope and course of employment or other contractual representation of IPLLC (provided that such act arises under a relationship, transaction or dealing between IPLLC and QPRC or a Patent Owner); or (d) any act or omission committed by QPRC or a Patent Owner with respect to this Agreement, or by any employee, agent, partner or lawyer of QPRC or a Patent Owner with respect to this Agreement whether or not arising within the scope and course of employment or other contractual representation of QPRC or a Patent Owner (provided that such act arises under a relationship, transaction or dealing between IPLLC and QPRC or a Patent Owner) (collectively, the “Disputes”), will be subject to and resolved by binding arbitration under this Section 6.3 and Section 6.4 below, provided however, that nothing in this Section 6 shall limit the rights, if any, of IPLLC to commence or maintain judicial proceedings pursuant to the Restructure Agreement and other Restructure Documents. The Parties agree that the arbitrators have exclusive jurisdiction, to the exclusion of any court (except as specifically provided with regard to prejudgment, provisional, or enforcement proceedings in Section 6.5), to decide all Disputes.