Arbitration Agreement. ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page follows.] Independent Contractor Agreement
Appears in 1 contract
Samples: Independent Contractor Agreement (Rapid Therapeutic Science Laboratories, Inc.)
Arbitration Agreement. EXCEPT FOR XXXXXXXXXX’S OPTION TO BRING A CLAIM IN A COURT OF COMPETENT JURISDICTION SEEKING ONLY INJUNCTIVE RELIEF TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF ITS COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND ALL DISPUTESSCHOLASTIC, CONTROVERSIES WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR CLAIMS FOR DAMAGES ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT SCHOLASTIC AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS AGREEMENT ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY PORTION OF THE TERMS OF THIS AGREEMENT ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT DECIDED BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AN ARBITRATOR AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDOR JUDGE. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANYYou agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. IN ADDITIONIf you are an Authorized User, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETSParent or other individual, OF ANY NATUREthe arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, AS A RESULT OF ANY BREACHas amended by this Agreement. The Consumer Arbitration Rules are available online at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer%20Rules.pdf. If you are an Education Customer or other organization, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGESthe arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTYThe Commercial Arbitration Rules are available online at xxxxx://xxx.xxx/sites/default/files/Commercial_Rules_Web.pdf. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGESThe arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NONAny in-PARTYperson appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. FURTHERIf the parties are unable to agree on a location, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARINGsuch determination should be made by the AAA or by the arbitrator. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTIONThe arbitrator’s decision will follow the terms of this Agreement and will be final and binding. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODEThe arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTIONThe award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder Nothing in this Agreement will preclude you from bringing issues to the attention of page left intentionally blank. Signature page followsfederal, state or local agencies and, if the law allows, they can seek relief against us for you.] Independent Contractor Agreement
Appears in 1 contract
Samples: cdn.scholasticlearningzone.com
Arbitration Agreement. ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES CONTROVERSY BETWEEN US ARISING OUT OF YOUR BUSINESS OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATIONARBITRATION CONDUCTED BEFORE THE NEW YORK STOCK EXCHANGE, INC., OR NASD DISPUTE RESOLUTION, INC. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS (OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THEIR SUCCESSOR FIRMS), AND IN ACCORDANCE WITH THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR THEN RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OBTAINING OF THE COMPANY. THE ARBITRATION SELECTED ORGANIZATION AND SHALL BE CONDUCTED BEFORE AS A SOLE ARBITRATOR AGREED BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE, THEREIN ELECTING THE ARBITRATION TRIBUNAL. NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PRE-DISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION AND WHO IS A MEMBER OF A PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PARTIES. PUTATIVE CLASS ACTION UNTIL: (i) THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR NOT A PARTY BREACHED (iii) THE AGREEMENT, CUSTOMER IS EXCLUDED FROM THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES CLASS BY THE ARBITRATOR AND SHALL BE COURT. SUCH FORBEARANCE TO ENFORCE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT AGREEMENT TO CREATE A PENALTY. THE ARBITRATOR ARBITRATE SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE COMPANY. [Remainder of page left intentionally blank. Signature page followsEXTENT STATED HEREIN.] Independent Contractor Agreement
Appears in 1 contract
Samples: Agreement (Kbw, Inc.)
Arbitration Agreement. THE PARTIES AGREE THAT ALL CLAIMS AND DISPUTES OF EVERY TYPE AND MATTER WHICH MAY ARISE BETWEEN THE SPONSOR AND ESCROW AGENT, INCLUDING ANY AND ALL DISPUTESDISPUTES REGARDING THE SCOPE OF THIS ARBITRATION AGREEMENT, CONTROVERSIES OR CLAIMS FOR DAMAGES ARISING OUT SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM UNDER THE CODE OF OR RELATING TO PROCEDURE THEN IN EFFECT. ANY AWARD OF THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. IN ANY MATTER IN WHICH THE AMOUNT IN DISPUTE EXCEEDS $100,000.00, THE ARBITRATION PROCEEDINGS SHALL TAKE PLACE IN WACO, TEXAS. IN THE EVENT A COURT HAVING JURISDICTION FINDS ANY PORTION OF THIS AGREEMENT OR UNENFORCEABLE, THAT PORTION SHALL NOT BE EFFECTIVE AND THE REMAINDER OF THE AGREEMENT SHALL REMAIN EFFECTIVE. INFORMATION MAY BE OBTAINED AND CLAIMS MAY BE FILED AT ANY MATTER COVERED IN THIS AGREEMENTOFFICE OF THE NATIONAL ARBITRATION FORUM, XXX.XXXXXXXXXXX-XXXXX.XXX, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF AT X.X. XXX 00000, XXXXXXXXXXX, XX 00000. THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATIONGOVERNED BY AND INTERPRETED UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1-16. BY SIGNING THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL PARTIES ARE GIVING UP ANY RIGHT THEY MIGHT HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED XXX EACH OTHER IN COURT AND HAVE THEIR CASE DECIDED BY A COURT JUDGE OR JURY. EXECUTED THIS 31st DAY OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDJanuary, 2008. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANYSPONSOR: Zion Oil & Gas, a Delaware Corporation By: /s/ Xxxxxxx X. Xxxxx (Signature) Xxxxxxx X. Xxxxx, Executive Vice President (Printed Name) (Title) ESCROW AGENT: Sterling Trust Company, a Texas Corporation By: /s/Xxxxx Xxxx (Signature) Xxxxx Xxxx, Accounting Manager (Printed Name) (Title) All legal instruments are subject to review by counsel for Sterling Trust Company prior to account acceptance. IN ADDITIONAll legal expenses incurred during this review and in the duration of providing escrow services will be borne by Sponsor and not by Sterling Trust Company, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGESup to a maximum of $2,500. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page follows.] Independent Contractor AgreementEscrow Fees:
Appears in 1 contract
Arbitration Agreement. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT: ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES CONTROVERSY BETWEEN US ARISING OUT OF YOUR BUSINESS OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS ARBITRATION CONDUCTED BEFORE THE NEW YORK STOCK EXCHANGE, INC., OR CLIENTS FOR ANY DAMAGE OF ANY KIND. NASD REGULATION INC., AND IN ACCORDANCE WITH THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OBTAINING OF THE COMPANY. THE ARBITRATION SELECTED ORGANIZATION AND SHALL BE CONDUCTED BEFORE AS A SOLE ARBITRATOR AGREED BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE, THEREIN ELECTING THE ARBITRATION TRIBUNAL. NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PRE-DISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION AND WHO IS A MEMBER OF A PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PARTIES. PUTATIVE CLASS ACTION UNTIL: (i) THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR NOT A PARTY BREACHED (iii) THE AGREEMENT, CUSTOMER IS EXCLUDED FROM THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES CLASS BY THE ARBITRATOR AND SHALL BE COURT. SUCH FORBEARANCE TO ENFORCE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT AGREEMENT TO CREATE A PENALTY. THE ARBITRATOR ARBITRATE SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE COMPANY. [Remainder of page left intentionally blank. Signature page followsEXTENT STATED HEREIN.] Independent Contractor Agreement
Appears in 1 contract
Samples: Disclosed Clearing Agreement (Siebert Financial Corp)
Arbitration Agreement. ANY AND THIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE. BY SIGNING AN ARBITRATION AGREEMENT THE PARTIES AGREE AS FOLLOWS: a. ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES ARISING OUT OF OR RELATING PARTIES TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE ARE GIVING UP THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORM IN WHICH A CLAIM IS FILED; b. ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. c. THE ABILITY OF COMPETENT JURISDICTION THE PARTIES TO HALT ANY BREACH BEFORE ISSUANCE OF OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; d. THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS,IN AN ELIGIBLE CASE, A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR PANEL AT LEAST 30 20 DAYS PRIOR TO THE FINAL FIRST SCHEDULED HEARING DATE. e. THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. f. THE RULES OF SOME ARBITRATION HEARINGFORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS 10. ACORDO ARBITRAL. ESTE ACORDO CONTÉM UMA CLÁUSULA DE ARBITRAGEM PREDISPUTE. AO ASSINAR UM ACORDO ARBITRAL, AS PARTES CONCORDAM DA SEGUINTE FORMA: a. TODAS AS PARTES DESTE ACORDO ESTÃO ABRINDO MÃO DO DIREITO DE PROCESSAR UMAS ÀS OUTRAS EM TRIBUNAL, INCLUINDO O DIREITO A UM JULGAMENTO POR JÚRI, EXCETO PELAS REGRAS DO FORMULÁRIO ARBITRAL EM QUE UMA RECLAMAÇÃO É APRESENTADA; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF b. OS PRÊMIOS DE ARBITRAGEM SÃO GERALMENTE DEFINITIVOS E VINCULANTES; A PARTY AND ONE DEPOSITION OF CAPACIDADE DE UM PARTIDO DE TER UM TRIBUNAL INVERTIDO OU MODIFICAR UMA SENTENÇA ARBITRAL É MUITO LIMITADA. c. A NON-PARTYCAPACIDADE DAS PARTES DE OBTER DOCUMENTOS, DEPOIMENTOS DE TESTEMUNHAS E OUTRAS DESCOBERTAS É GERALMENTE MAIS LIMITADA EM ARBITRAGEM DO QUE EM PROCESSOS JUDICIAIS; d. OS ÁRBITROS NÃO DEVEM EXPLICAR O MOTIVO DE SUA PREMIAÇÃO, A MENOS QUE, EM UM CASO ELEGÍVEL, UM PEDIDO CONJUNTO DE UMA DECISÃO EXPLICADA TENHA SIDO APRESENTADO POR TODAS AS PARTES AO PAINEL PELO MENOS 20 XXXX ANTES DA PRIMEIRA DATA MARCADA PARA A AUDIÊNCIA. FURTHERe. O PAINEL DE ÁRBITROS PODE INCLUIR UMA MINORIA DE ÁRBITROS QUE FORAM OU SÃO AFILIADOS À INDÚSTRIA DE VALORES MOBILIÁRIOS. f. AS REGRAS DE ALGUNS FÓRUNS ARBITRAIS PODEM IMPOR PRAZOS PARA A SOLICITAÇÃO DE ARBITRAGEM. EM ALGUNS CASOS, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page follows.] Independent Contractor AgreementUMA
Appears in 1 contract
Samples: Customer Account Agreement
Arbitration Agreement. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. BY ENTERING INTO THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: ● ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED; ● ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED; ● THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; ● THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD EXCEPT IN VERY LIMITED CIRCUMSTANCES; ● THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY; ● THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION; AND ● THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. THIS ARBITRATION PROVISION SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES IN THIS AGREEMENT. ANY AND ALL DISPUTESCONTROVERSIES, CONTROVERSIES DISPUTES OR CLAIMS FOR DAMAGES BETWEEN AURA AND THE CLIENT OR THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM, OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS AGREEMENT OR OTHER AGREEMENTS RELATING TO YOUR PARTICIPATION IN THE PLATFORM, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF AURA'S BUSINESS OR RELATING THE CLIENT'S INVESTMENT ACCOUNT (COLLECTIVELY, "CLAIMS"), SHALL BE CONDUCTED SOLELY BY ARBITRATION PURSUANT TO THIS AGREEMENT OR ANY MATTER COVERED THE RULES THEN IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY EFFECT OF THE TERMS AMERICAN ARBITRATION ASSOCIATION. ARBITRATION MUST BE COMMENCED BY SERVICE OF THIS AGREEMENT A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE UPON THE OTHER PARTY. THE DECISION AND AWARD OF THE ARBITRATOR(S) SHALL BE SUBMITTED TO CONCLUSIVE AND BINDING ARBITRATIONUPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KINDSUCH ARBITRATION SHALL BE HELD IN SAN FRANCSICO, CALIFORNIA. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION THAT THERE SHALL BE CONDUCTED BEFORE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A SOLE ARBITRATOR AGREED UPON BY CLASS ACTION BASIS, AND THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE CLIENT EXPRESSLY WAIVES ANY RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY BRING A COURT OF COMPETENT JURISDICTION CLASS ACTION LAWSUIT OR ARBITRATION AGAINST AURA OR ITS REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS WITH RESPECT TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDCLAIMS. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITIONNotwithstanding the foregoing or anything to the contrary in this Agreement, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder in no way shall this Agreement constitute a waiver or limitation of page left intentionally blank. Signature page followsrights that the Client may have under federal or state securities laws to pursue a remedy by other means if and to the extent such laws guaranty such right to the Client and do not permit the waiver thereof.] Independent Contractor Agreement
Appears in 1 contract
Samples: Investment Advisory Agreement
Arbitration Agreement. EACH PARTY AGREES TO ADVISE THE OTHER PARTY PROMPTLY IN THE EVENT A DISPUTE ARISES BETWEEN THEM (OR ANY OF THEIR AFFILIATES, IT BEING UNDERSTOOD THAT AFFILIATES ARE BOUND BY THIS USER AGREEMENT). THE PARTIES AGREE TO ATTEMPT TO RESOLVE ANY SUCH DISPUTE INFORMALLY BEFORE FILING A FORMAL ACTION. IF A DISPUTE CANNOT BE RESOLVED INFORMALLY WITHIN THIRTY (30) DAYS, AND ALL DISPUTESMEDIATION (DESCRIBED BELOW) FAILS TO RESOLVE THE DISPUTE, CONTROVERSIES EITHER PARTY MAY FILE AN ARBITRATION DEMAND. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY FILE AN ARBITRATION DEMAND PRIOR TO SUCH TIME TO COMPLY WITH ANY STATUTE OF LIMITATION OR CLAIMS FOR DAMAGES TIMING REQUIREMENTS TO PRESERVE ITS CLAIMS. ANY CONTROVERSY, DEMAND, CAUSE OF ACTION, WHETHER IN TORT, CONTRACT, BY STATUTE OR OTHERWISE, BETWEEN YOU AND APEX CRYPTO (OR ITS AFFILIATES) INCLUDING THOSE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR THE ACCOUNT, ANY SUBSEQUENT AGREEMENT WITH ACTIVITIES IN THE CONTRACTOR RELATING TO ACCOUNT, INCLUDING WITHOUT LIMITATION, ANY USE OF THE TERMS SERVICES, USE OF THIS AGREEMENT THE PLATFORM, THIRD PARTY SERVICES, SENDING ORDERS FOR THE PURCHASE OR SALE OF CRYPTOCURRENCIES, AND THE STORAGE OF YOUR CRYPTOCURRENCIES, SHALL BE SUBMITTED EXCLUSIVELY, FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION PURSUANT TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (INCLUDING THE EXPEDITED PROCEDURES FOR SUCH RULES IF THE MATTER IS ARBITRATED BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KINDA SINGLE ARBITRATOR). THE PARTIES AGREE EITHER ARBITRATION WILL BE HELD IN CHICAGO, ILLINOIS, UNLESS SUCH LOCATION IS NOT CONVENIENT, THE ARBITRATION WILL BE HELD IN THE COUNTY OF YOUR RESIDENCE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY MAY INVOKE BINDING OF A WRITTEN DEMAND FOR ARBITRATION AND SUCH INVOCATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE MATTER SHALL BE DECIDED BY ONE INDEPENDENT ARBITRATOR, UNLESS THE AMOUNT IN DISPUTE IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTYEXCESS OF $1,000,000, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THEN THE ARBITRATION SHALL BE CONDUCTED BEFORE DECIDED BY A SOLE ARBITRATOR AGREED UPON PANEL OF THREE INDEPENDENT ARBITRATORS, ONE CHOSEN BY APEX CRYPTO, ONE CHOSEN BY YOU AND THE THIRD CHOSEN BY THE PARTIESFIRST TWO ARBITRATORS. THE ARBITRATOR’S AUTHORITY ARBITRATOR(S) SHALL HAVE INDUSTRY RELATED EXPERIENCE. THE ARBITRATOR(S) SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY APPLY. THE ARBITRATION ITSELF SHALL BE LIMITED TO WHETHER GOVERNED BY FEDERAL ARBITRATION ACT 9 USC §1 ET. SEQ. AND JUDGMENT UPON THE AWARD MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR OR NOT PANEL SHALL ISSUE A PARTY BREACHED REASONED AWARD. APEX CRYPTO SHALL BE RESPONSIBLE FOR THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT COSTS OF THE BREACH AND/OR ARBITRATION AND THE ISSUANCE PARTIES OWN LEGAL FEES AND COSTS, UNLESS APEX CRYPTO IS THE PREVAILING PARTY, IN WHICH CASE YOU WILL PAY ONE-HALF OF AN INJUNCTIONTHE COSTS OF THE ARBITRATION AND YOUR LEGAL FEES AND COSTS. AT ALL TIMES THE ARBITRATOR ARBITRATORS SHALL HAVE BE SPECIFICALLY AUTHORIZED TO AWARD LEGAL FEES AND COSTS OF ARBITRATION TO THE RIGHT PREVAILING PARTY. THE DUTY TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY ARBITRATE DESCRIBED HEREIN SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THE PARTIES HEREBY WAIVE TRIAL IN A COURT OF COMPETENT JURISDICTION LAW OR BY JURY. ALL ARBITRATION CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND YOU WAIVE ANY RIGHTS YOU HAVE TO HALT PARTICIPATE IN A CLASS ACTION RELATING TO ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDMATTERS DESCRIBED IN THIS DISPUTE RESOLUTION SECTION. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS DISPUTE REQUIRING INJUNCTIVE OR OTHER EMERGENCY EQUITABLE RELIEF MAY BE FORFEITED BROUGHT DIRECTLY TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE CODESTATE OR FEDERAL COURT LOCATED IN CHICAGO, ILLINOIS FOR ANY SUIT SEEKING INTERIM OR INJUNCTIVE RELIEF OR TO CONFIRM AND EXECUTE UPON THE AWARD. YOU HEREBY AGREE TO SUCH EXCLUSIVE JURISDICTION AND VENUE AND WAIVE ANY RIGHTS YOU MAY HAVE TO CLAIM THAT THE FORUM IS NOT CONVENIENT AND OTHER CLAIMS TO INVALIDATE SUCH JURISDICTION. BEFORE COMMENCING AN ACTION IN ARBITRATION, THE PARTIES SHALL PROMPTLY SUBMIT ANY DISPUTE THAT THEY HAVE FAILED TO PROMPTLY RESOLVE TO MEDIATION BEFORE JAMS IN CHICAGO, ILLINOIS OR AT A LOCATION AGREED TO BY THE PARTIES, THE PARTIES SHALL JOINTLY SELECT THE MEDIATOR, OR IF THE PARTIES ARE UNABLE TO AGREE UPON A MEDIATOR, THEN THE DISPUTE SHALL BE SUBMITTED TO NON- BINDING MEDIATION BEFORE JAMS. THE ITEMS COST OF THE MEDIATION SHALL BE PAID BY APEX CRYPTO. IF THE PARTIES ARE UNABLE TO ACHIEVE A MUTUALLY AGREEABLE RESOLUTION OF THE DISPUTE THROUGH MEDIATION WITHIN 60 DAYS AFTER COMMENCEMENT OF MEDIATION PROCEEDINGS, THE PARTIES HEREBY AGREE TO SUBMIT THEIR DISPUTE TO BINDING ARBITRATION DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO ABOVE. NOTWITHSTANDING THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING FOREGOING, EITHER PARTY MAY SEEK ENFORCEMENT IN FILE AN ARBITRATION DEMAND AT ANY COURT TIME TO COMPLY WITH ANY STATUTE OF COMPETENT JURISDICTION. FAILURE LIMITATION OR TIMING REQUIREMENTS TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page followsPRESERVE ITS CLAIMS.] Independent Contractor Agreement
Appears in 1 contract
Samples: User Agreement
Arbitration Agreement. IT IS HEREBY AGREED AND UNDERSTOOD THAT ANY AND ALL DISPUTESCONTROVERSY OR CLAIM RELATING TO THIS AGREEMENT, CONTROVERSIES OR CLAIMS FOR DAMAGES ARISING OUT OF THE BREACH THEREOF, OR RELATING TO THIS AGREEMENT THE RENDERING OF CARE BY THE ALF TO YOU, INCLUDING, BUT NOT LIMITED TO ANY CLAIMS FOR NEGLIGENCE, WRONGFUL DEATH OR ANY MATTER COVERED VIOLATIONS OF RESIDENT'S RIGHTS, SHALL BE SETTLED BY NEUTRAL BINDING ARBITRATION IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT ACCORDANCE WITH THE CONTRACTOR RELATING RULES OF AMERICAN ARBITRATION ASSOCIATION, AND NOT BY ANY COURT ACTION EXCEPT AS PROVIDED BY FLORIDA LAW FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. ANY COURT HAVING APPROPRIATE JURISDICTION MAY ENTER JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S). FILING A JUDICIAL ACTION TO ANY ENABLE THE RECORDING OF A NOTICE OF PENDING ACTION, FOR ORDER OF ATTACHMENT, RECEIVERSHIP, INJUNCTION OR OTHER PROVISIONAL REMEDIES SHALL NOT CONSTITUTE A WAIVER OF THE TERMS OF RIGHT TO ARBITRATE UNDER THIS AGREEMENT PARAGRAPH. ANY CLAIMS OR DISPUTES WITH OR AGAINST INDIVIDUALS EMPLOYED BY OR ASSOCIATED WITH THE ALF SHALL ALSO BE SUBMITTED TO BINDING ARBITRATIONARBITRATION UNDER THIS PROVISION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND________________________________________________________________________________ ________________________________________________________________________________ I (we) hereby acknowledge that I (we) have read this entire seventeen paragraph Agreement and understand and agree to all of the terms set forth herein, including but not limited to the various releases and the arbitration clause. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLEI (we) also acknowledge that if we lack proficiency in the English language, we have requested, and have received a Spanish translation of the terms of this Agreement. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTYYo (nosotros) por medio de mi firma testifico que he leido todo este contrato. Este contrato/acuerdo tiene diez y siete clausulas con las cuales estoy de acuerdo. Entiendo todos los terminos aqui mencionados, TEXASincluyendo la clausula de arbitracion y los relevos aqui mencionados. Yo (nosotros) tambien estamos informados que si no entendemos todo este contrato, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION hemos pedido que nos los expliquen en Espanol, y que hemos recibido una explicacion de todos los terminos aqui incluidos. I (“AHLA”)we) further acknowledge that the Resident and the Responsible Party, if any, have made the above promises and representations in order to induce the ALF to enter this contract, and the Resident and Responsible Party, if any, acknowledge(s) that the ALF, in entering into this contract is relying upon the truthfulness of the promises and representations herein of the Resident and Responsible Party, if any. SUCH SELECTION OF FORUMYo (nosotros) ademas testificamos que el Residente of Persona con Responsabilidad por el Residente, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANYhemos prometido seguir las representaciones aqui hechas para inducir a estate ALF a entrar en este contrato conmigo. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIESEntendemos tambien que el ALF al entrar en esta contrato conmigo esta aceptando toda la informacion que le he dade acerca de mi persona como veridica y cierta. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENTI (we) also agree to follow the ALF's policies and procedures stated in the admission packet given to Resident and/or Repsonsible Party upon admission. Yo (nosotros) estamos de acuerdo en seguir todas las polizas del ALF incluidas en el folleto de admission, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANYel cual he recibido. IN ADDITIONWITNESS WHEREOF, IF WILLIAMSBURG RETIREMENT LIVING, INC. AND YOU HAVE EXECUTED THIS AGREEMENT ON THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGESDATE SET FORTH BELOW. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page follows.] Independent Contractor AgreementResident Signature;_________________________ Date:______________________ Responsible Party Signature:_________________ Date:______________________ ALF Representative:__________________________ Date:______________________
Appears in 1 contract
Arbitration Agreement. I UNDERSTAND THAT ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, DISPUTES BETWEEN MYSELF (AND/OR ANY ENROLLED FAMILY MEMBER) AND SISC III (INCLUDING CLAIMS ADMINISTRATOR OR AFFILIATE) INCLUDING CLAIMS FOR MEDICAL MALPRACTICE, MUST BE RESOLVED BY BINDING ARBITRATION, IF THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES AMOUNT IN ANY COURT OF COMPETENT JURISDICTION IS AT DISPUTE EXCEEDS THE SOLE DISCRETION JURISDICTIONAL LIMIT OF THE COMPANYSMALL CLAIMS COURT, AND NOT BY LAWSUIT OR RESORT TO COURT PROCESS, EXCEPT AS CALIFORNIA LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEED- INGS. UNDER THIS COVERAGE, BOTH THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE MEMBER AND SISC III ARE GIVING UP THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY HAVE ANY DISPUTE DECIDED IN A COURT OF COMPETENT JURISDICTION LAW BEFORE A JURY. XXXX XXX AND THE MEMBER ALSO AGREE TO HALT GIVE UP ANY BREACH BEFORE ISSUANCE RIGHT TO PURSUE ON A CLASS BASIS ANY CLAIM OR CONTROVERSY AGAINST THE OTHER. (FOR MORE INFORMATION REGARDING BINDING ARBITRATION, PLEASE REFER TO YOUR EVIDENCE OF A FINAL AWARD. COVERAGE BOOKLET.) X Applicant Signature Date APPLICANT: PLEASE REMOVE AND KEEP THE INTENT LAST PAGE (NOTICE OF PRIVACY PRACTICES) Rev. 4/26/11 PPOenrollment.indd NOTICE OF PRIVACY PRACTICES FOR THE USE AND DISCLOSURE OF PRIVATE HEALTH INFORMATION THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE FORFEITED USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THE COMPANY AS AN OFFSET OF DAMAGESTHIS INFORMATION. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTYPLEASE REVIEW IT CAREFULLY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THANEffective Date: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHERApril 14, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder 2003 Anyone has the right to ask for a paper copy of page left intentionally blank. Signature page followsthis Notice at any time.] Independent Contractor Agreement
Appears in 1 contract
Samples: www.murrieta.k12.ca.us
Arbitration Agreement. ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES CONTROVERSY BETWEEN US ARISING OUT OF YOUR BUSINESS OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. ARBITRATION CONDUCTED BEFORE THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTYNEW YORK STOCK EXCHANGE, TEXASINC., AND/OR THE AMERICAN HEALTH LAWYERS NATIONAL ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUMSECURITIES DEALERS, VENUE AND/OR INC., AND IN ACCORDANCE WITH THE RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OBTAINING OF THE COMPANY. THE ARBITRATION SELECTED ORGANIZATION AND SHALL BE CONDUCTED BEFORE AS A SOLE ARBITRATOR AGREED BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THEREIN ELECTING THE ARBITRATION TRIBUNAL. 16 NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PRE-DISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION AND WHO IS A MEMBER OF A PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PARTIES. PUTATIVE CLASS ACTION UNTIL: (i) THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR NOT A PARTY BREACHED (iii) THE AGREEMENT, CUSTOMER IS EXCLUDED FROM THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES CLASS BY THE ARBITRATOR AND SHALL BE COURT. SUCH FORBEARANCE TO ENFORCE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT AGREEMENT TO CREATE A PENALTY. THE ARBITRATOR ARBITRATE SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE COMPANY. [Remainder of page left intentionally blank. Signature page followsEXTENT STATED HEREIN.] Independent Contractor Agreement
Appears in 1 contract
Samples: Pinnacle Global Group Inc
Arbitration Agreement. WAIVER OF RIGHT TO SUE IN COURT, AND WAIVER OF CLASS ACTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE MARYLAND LAW, IF THERE IS AN ISSUE, CLAIM OR DISPUTE RELATING TO THIS NATURAL GAS & ELECTRIC SUPPLY AGREEMENT THAT NEEDS TO BE RESOLVED AND WE ARE UNABLE TO RESOLVE IT INFORMALLY, IT MUST BE RESOLVED THROUGH FINAL, BINDING ARBITRATION AND WE MUTUALLY FOREGO THE RIGHT TO RESOLVE IT IN A COURT OF LAW. THIS APPLIES REGARDLESS OF WHETHER THE ISSUE, CLAIM OR DISPUTE INVOLVES A TORT, FRAUD, BREACH OF CONTRACT, MISREPRESENTATION, PRODUCT LIABILITY, NEGLIGENCE, AND VIOLATION OF A STATUTE OR ANY OTHER LEGAL THEORY. INCLUDED ARE ALL ISSUES, CLAIMS AND ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES DISPUTES ARISING OUT OF OR RELATING ANY ASPECT OF YOUR PARTICIPATION IN THIS NATURAL GAS & ELECTRIC POWER SUPPLY AGREEMENT AND AUTHORIZATION TO SWITCH GAS SUPPLY SERVICE AND/OR ELECTRIC GENERATION SERVICE TO GREENLIGHT ENERGY WHETHER ARISING DURING OR AFTER YOUR PARTICIPATION IN THIS NATURAL GAS & ELECTRIC POWER SUPPLY AGREEMENT AND AUTHORIZATION TO SWITCH GAS SUPPLY SERVICE AND/OR ELECTRIC GENERATION SERVICE TO GREENLIGHT ENERGY. ALL ARBITRATIONS SHALL BE CONDUCTED ON AN INDIVIDUAL (AND NOT A CLASS-WIDE) BASIS AND AN ARBITRATOR SHALL HAVE NO AUTHORITY TO AWARD CLASS-WIDE RELIEF. YOU ACKNOWLEDGE AND AGREE THAT THIS SPECIFICALLY PROHIBITS YOU FROM COMMENCING ARBITRATION OR ANY MATTER COVERED OTHER PROCEEDINGS AS A REPRESENTATIVE OF OTHERS OR JOINING IN THIS AGREEMENT, ANY ARBITRATION OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION OTHER PROCEEDINGS BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KINDOTHER PERSON. NOTWITHSTANDING THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTYFOREGOING, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION SHALL BE CONDUCTED BEFORE THIS PARAGRAPH DOES NOT PREVENT YOU FROM FILING A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION COMPLAINT TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page followsPSC.] Independent Contractor Agreement
Appears in 1 contract
Samples: gogreenlightenergy.com
Arbitration Agreement. EACH PARTY AGREES TO ADVISE THE OTHER PARTY PROMPTLY IN THE EVENT A DISPUTE ARISES BETWEEN THEM (OR ANY OF THEIR AFFILIATES, IT BEING UNDERSTOOD THAT AFFILIATES ARE BOUND BY THIS USER AGREEMENT). THE PARTIES AGREE TO ATTEMPT TO RESOLVE ANY SUCH DISPUTE INFORMALLY BEFORE FILING A FORMAL ACTION. IF A DISPUTE CANNOT BE RESOLVED INFORMALLY WITHIN THIRTY (30) DAYS, AND ALL DISPUTESMEDIATION (DESCRIBED BELOW) FAILS TO RESOLVE THE DISPUTE, CONTROVERSIES EITHER PARTY MAY FILE AN ARBITRATION DEMAND. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY FILE AN ARBITRATION DEMAND PRIOR TO SUCH TIME TO COMPLY WITH ANY STATUTE OF LIMITATION OR CLAIMS FOR DAMAGES TIMING REQUIREMENTS TO PRESERVE ITS CLAIMS. ANY CONTROVERSY, DEMAND, CAUSE OF ACTION, WHETHER IN TORT, CONTRACT, BY STATUTE OR OTHERWISE, BETWEEN YOU AND BAKKT CRYPTO (OR ITS AFFILIATES) INCLUDING THOSE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR THE ACCOUNT, ANY SUBSEQUENT AGREEMENT WITH ACTIVITIES IN THE CONTRACTOR RELATING TO ACCOUNT, INCLUDING WITHOUT LIMITATION, ANY USE OF THE TERMS SERVICES, USE OF THIS AGREEMENT THE PLATFORM, THIRD PARTY SERVICES, SENDING ORDERS FOR THE PURCHASE OR SALE OF CRYPTOCURRENCIES, AND THE STORAGE OF YOUR CRYPTOCURRENCIES, SHALL BE SUBMITTED EXCLUSIVELY, FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION PURSUANT TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (INCLUDING THE EXPEDITED PROCEDURES FOR SUCH RULES IF THE MATTER IS ARBITRATED BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KINDA SINGLE ARBITRATOR). THE PARTIES AGREE EITHER ARBITRATION WILL BE HELD IN CHICAGO, ILLINOIS, UNLESS SUCH LOCATION IS NOT CONVENIENT, THE ARBITRATION WILL BE HELD IN THE COUNTY OF YOUR RESIDENCE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY MAY INVOKE BINDING OF A WRITTEN DEMAND FOR ARBITRATION AND SUCH INVOCATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE MATTER SHALL BE DECIDED BY ONE INDEPENDENT ARBITRATOR, UNLESS THE AMOUNT IN DISPUTE IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTYEXCESS OF $1,000,000, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THEN THE ARBITRATION SHALL BE CONDUCTED BEFORE DECIDED BY A SOLE ARBITRATOR AGREED UPON PANEL OF THREE INDEPENDENT ARBITRATORS, ONE CHOSEN BY BAKKT CRYPTO, ONE CHOSEN BY YOU AND THE THIRD CHOSEN BY THE PARTIESFIRST TWO ARBITRATORS. THE ARBITRATOR’S AUTHORITY ARBITRATOR(S) SHALL HAVE INDUSTRY RELATED EXPERIENCE. THE ARBITRATOR(S) SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY APPLY. THE ARBITRATION ITSELF SHALL BE LIMITED TO WHETHER GOVERNED BY FEDERAL ARBITRATION ACT 9 USC §1 ET. SEQ. AND JUDGMENT UPON THE AWARD MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR OR NOT PANEL SHALL ISSUE A PARTY BREACHED REASONED AWARD. BAKKT CRYPTO SHALL BE RESPONSIBLE FOR THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT COSTS OF THE BREACH AND/OR ARBITRATION AND THE ISSUANCE PARTIES OWN LEGAL FEES AND COSTS, UNLESS BAKKT CRYPTO IS THE PREVAILING PARTY, IN WHICH CASE YOU WILL PAY ONE-HALF OF AN INJUNCTIONTHE COSTS OF THE ARBITRATION AND YOUR LEGAL FEES AND COSTS. AT ALL TIMES THE ARBITRATOR ARBITRATORS SHALL HAVE BE SPECIFICALLY AUTHORIZED TO AWARD LEGAL FEES AND COSTS OF ARBITRATION TO THE RIGHT PREVAILING PARTY. THE DUTY TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY ARBITRATE DESCRIBED HEREIN SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THE PARTIES HEREBY WAIVE TRIAL IN A COURT OF COMPETENT JURISDICTION LAW OR BY JURY. ALL ARBITRATION CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND YOU WAIVE ANY RIGHTS YOU HAVE TO HALT PARTICIPATE IN A CLASS ACTION RELATING TO ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDMATTERS DESCRIBED IN THIS DISPUTE RESOLUTION SECTION. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS DISPUTE REQUIRING INJUNCTIVE OR OTHER EMERGENCY EQUITABLE RELIEF MAY BE FORFEITED BROUGHT DIRECTLY TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE CODESTATE OR FEDERAL COURT LOCATED IN CHICAGO, ILLINOIS FOR ANY SUIT SEEKING INTERIM OR INJUNCTIVE RELIEF OR TO CONFIRM AND EXECUTE UPON THE AWARD. YOU HEREBY AGREE TO SUCH EXCLUSIVE JURISDICTION AND VENUE AND WAIVE ANY RIGHTS YOU MAY HAVE TO CLAIM THAT THE FORUM IS NOT CONVENIENT AND OTHER CLAIMS TO INVALIDATE SUCH JURISDICTION. BEFORE COMMENCING AN ACTION IN ARBITRATION, THE PARTIES SHALL PROMPTLY SUBMIT ANY DISPUTE THAT THEY HAVE FAILED TO PROMPTLY RESOLVE TO MEDIATION BEFORE JAMS IN CHICAGO, ILLINOIS OR AT A LOCATION AGREED TO BY THE PARTIES, THE PARTIES SHALL JOINTLY SELECT THE MEDIATOR, OR IF THE PARTIES ARE UNABLE TO AGREE UPON A MEDIATOR, THEN THE DISPUTE SHALL BE SUBMITTED TO NON-BINDING MEDIATION BEFORE JAMS. THE ITEMS COST OF THE MEDIATION SHALL BE PAID BY BAKKT CRYPTO. IF THE PARTIES ARE UNABLE TO ACHIEVE A MUTUALLY AGREEABLE RESOLUTION OF THE DISPUTE THROUGH MEDIATION WITHIN 60 DAYS AFTER COMMENCEMENT OF MEDIATION PROCEEDINGS, THE PARTIES HEREBY AGREE TO SUBMIT THEIR DISPUTE TO BINDING ARBITRATION DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO ABOVE. NOTWITHSTANDING THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING FOREGOING, EITHER PARTY MAY SEEK ENFORCEMENT IN FILE AN ARBITRATION DEMAND AT ANY COURT TIME TO COMPLY WITH ANY STATUTE OF COMPETENT JURISDICTION. FAILURE LIMITATION OR TIMING REQUIREMENTS TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page followsPRESERVE ITS CLAIMS.] Independent Contractor Agreement
Appears in 1 contract
Samples: User Agreement
Arbitration Agreement. ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES CONTROVERSY BETWEEN US ARISING OUT OF YOUR BUSINESS OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. ARBITRATION CONDUCTED BEFORE THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION NASD REGULATION INC., AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR ACCORDANCE WITH THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OBTAINING OF THE COMPANY. THE ARBITRATION SELECTED ORGANIZATION AND SHALL BE CONDUCTED BEFORE AS A SOLE ARBITRATOR AGREED BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE, THEREIN ELECTING THE ARBITRATION TRIBUNAL. NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PRE-DISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION AND WHO IS A MEMBER OF A PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PARTIES. PUTATIVE CLASS ACTION UNTIL: (i) THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR NOT A PARTY BREACHED (iii) THE AGREEMENT, CUSTOMER IS EXCLUDED FROM THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES CLASS BY THE ARBITRATOR AND SHALL BE COURT. SUCH FORBEARANCE TO ENFORCE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT AGREEMENT TO CREATE A PENALTY. THE ARBITRATOR ARBITRATE SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE COMPANY. [Remainder of page left intentionally blank. Signature page followsEXTENT STATED HEREIN.] Independent Contractor Agreement
Appears in 1 contract
Samples: Disclosed Clearing Agreement (International Assets Holding Corp)
Arbitration Agreement. EACH PARTY AGREES TO ADVISE THE OTHER PARTY PROMPTLY IN THE EVENT A DISPUTE ARISES BETWEEN THEM (OR ANY OF THEIR AFFILIATES, IT BEING UNDERSTOOD THAT AFFILIATES ARE BOUND BY THIS USER AGREEMENT). THE PARTIES AGREE TO ATTEMPT TO RESOLVE ANY SUCH DISPUTE INFORMALLY BEFORE FILING A FORMAL ACTION. IF A DISPUTE CANNOT BE RESOLVED INFORMALLY WITHIN THIRTY (30) DAYS, AND ALL DISPUTESMEDIATION (DESCRIBED BELOW) FAILS TO RESOLVE THE DISPUTE, CONTROVERSIES EITHER PARTY MAY FILE AN ARBITRATION DEMAND. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY FILE AN ARBITRATION DEMAND PRIOR TO SUCH TIME TO COMPLY WITH ANY STATUTE OF LIMITATION OR CLAIMS FOR DAMAGES TIMING REQUIREMENTS TO PRESERVE ITS CLAIMS. ANY CONTROVERSY, DEMAND, CAUSE OF ACTION, WHETHER IN TORT, CONTRACT, BY STATUTE OR OTHERWISE, BETWEEN YOU AND ANCHOR (OR ITS AFFILIATES) INCLUDING THOSE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS USER AGREEMENT, OR THE ACCOUNT, ANY SUBSEQUENT AGREEMENT WITH ACTIVITIES IN THE CONTRACTOR RELATING TO ACCOUNT, INCLUDING WITHOUT LIMITATION, ANY USE OF THE TERMS SERVICES, USE OF THIS AGREEMENT THE PLATFORM, THIRD PARTY SERVICES, SENDING ORDERS FOR THE PURCHASE OR SALE OR USE OF CRYPTOCURRENCIES AND FIAT CURRENCIES, AND THE STORAGE OF YOUR CRYPTOCURRENCIES, SHALL BE SUBMITTED EXCLUSIVELY, FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION PURSUANT TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (INCLUDING THE EXPEDITED PROCEDURES FOR SUCH RULES IF THE MATTER IS ARBITRATED BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KINDA SINGLE ARBITRATOR). THE ARBITRATION WILL BE HELD IN SAN FRANCISCO, CALIFORNIA, UNLESS SUCH LOCATION IS NOT CONVENIENT, THE ARBITRATION WILL BE HELD IN THE COUNTY OF YOUR RESIDENCE. IF THE PARTIES AGREE EITHER MUTUALLY AGREE, THE ARBITRATION MAY BE HELD ONLINE AND VIA VIDEOCONFERENCE ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY MAY INVOKE BINDING OF A WRITTEN DEMAND FOR ARBITRATION AND SUCH INVOCATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE MATTER SHALL BE DECIDED BY ONE INDEPENDENT ARBITRATOR, UNLESS THE AMOUNT IN DISPUTE IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTYEXCESS OF $1,000,000, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THEN THE ARBITRATION SHALL BE CONDUCTED BEFORE DECIDED BY A SOLE ARBITRATOR AGREED UPON PANEL OF THREE INDEPENDENT ARBITRATORS, ONE CHOSEN BY ANCHOR, ONE CHOSEN BY YOU AND THE THIRD CHOSEN BY THE PARTIESFIRST TWO ARBITRATORS. THE ARBITRATOR’S AUTHORITY ARBITRATOR(S) SHALL HAVE INDUSTRY-RELATED EXPERIENCE. THE ARBITRATOR(S) SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY APPLY. THE ARBITRATION ITSELF SHALL BE LIMITED TO WHETHER GOVERNED BY FEDERAL ARBITRATION ACT 9 USC §1 ET SEQ. AND JUDGMENT UPON THE AWARD MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR OR NOT PANEL SHALL ISSUE A REASONED AWARD. ANCHOR SHALL BE RESPONSIBLE FOR THE COSTS OF THE ARBITRATION AND EACH PARTY BREACHED WILL BEAR ITS OWN LEGAL FEES AND COSTS. NOTWITHSTANDING THE AGREEMENTFOREGOING, THE AMOUNT ARBITRATORS SHALL BE SPECIFICALLY AUTHORIZED TO AWARD LEGAL FEES AND COSTS OF AN AWARD ARBITRATION TO THE PREVAILING PARTY. THE DUTY TO ARBITRATE DESCRIBED HEREIN SHALL SURVIVE THE TERMINATION OF DAMAGES AS A RESULT OF THIS USER AGREEMENT. THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY PARTIES HEREBY WAIVE TRIAL IN A COURT OF COMPETENT JURISDICTION LAW OR BY JURY. ALL ARBITRATION CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND YOU WAIVE ANY RIGHTS YOU HAVE TO HALT PARTICIPATE IN A CLASS ACTION RELATING TO ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDMATTERS DESCRIBED IN THIS DISPUTE RESOLUTION SECTION. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS DISPUTE REQUIRING INJUNCTIVE OR OTHER EMERGENCY EQUITABLE RELIEF MAY BE FORFEITED BROUGHT DIRECTLY TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE CODESTATE OR FEDERAL COURT LOCATED IN SAN FRANCISCO, CALIFORNIA FOR ANY SUIT SEEKING INTERIM OR INJUNCTIVE RELIEF OR TO CONFIRM AND EXECUTE UPON THE AWARD. YOU HEREBY AGREE TO SUCH EXCLUSIVE JURISDICTION AND VENUE AND WAIVE ANY RIGHTS YOU MAY HAVE TO CLAIM THAT THE ITEMS DESCRIBED IN THIS SECTION ARE FORUM IS NOT SUBJECT CONVENIENT AND OTHER CLAIMS TO THE COURT’S INVALIDATE SUCH JURISDICTION. I SUGGEST DELETIONBEFORE COMMENCING AN ACTION IN ARBITRATION, THE PARTIES SHALL PROMPTLY SUBMIT ANY DISPUTE THAT THEY HAVE FAILED TO PROMPTLY RESOLVE TO MEDIATION BEFORE JAMS IN SAN FRANCISCO, CALIFORNIA OR AT A LOCATION AGREED TO BY THE PARTIES, THE PARTIES SHALL JOINTLY SELECT THE MEDIATOR, OR IF THE PARTIES ARE UNABLE TO AGREE UPON A MEDIATOR, THEN THE DISPUTE SHALL BE SUBMITTED TO NON-BINDING MEDIATION BEFORE JAMS. IF THE ARBITRATOR SHALL HAVE SOLE AUTHORITY PARTIES ARE UNABLE TO DETERMINE ACHIEVE A MUTUALLY AGREEABLE RESOLUTION OF THE DISPUTE THROUGH MEDIATION WITHIN 60 DAYS AFTER COMMENCEMENT OF MEDIATION PROCEEDINGS, THE PARTIES HEREBY AGREE TO SUBMIT THEIR OWN JURISDICTIONDISPUTE TO BINDING ARBITRATION DESCRIBED ABOVE. ANY PREVAILING NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY SEEK ENFORCEMENT IN FILE AN ARBITRATION DEMAND AT ANY COURT TIME TO COMPLY WITH ANY STATUTE OF COMPETENT JURISDICTION. FAILURE LIMITATION OR TIMING REQUIREMENTS TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page followsPRESERVE ITS CLAIMS.] Independent Contractor Agreement
Appears in 1 contract
Samples: User Agreement
Arbitration Agreement. ALL PARTIES TO THIS ADVISORY AGREEMENT AGREE THAT UPON THE ELECTION OF ANY OF THEM, ANY DISPUTE RELATING IN ANY WAY TO THIS AGREEMENT, YOUR ACCOUNT(S), OR TRANSACTIONS WILL BE RESOLVED BY BINDING ARBITRATION AS DISCUSSED BELOW, AND NOT THROUGH LITIGATION IN ANY COURT. THIS ARBITRATION AGREEMENT IS ENTERED INTO PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16: ● ALL PARTIES TO THIS ADVISORY AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED; ● ALL PARTIES TO THIS ADVISORY AGREEMENT WAIVE ANY ABILITY TO PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES MUST BE RESOLVED BY BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, WHEN EITHER YOU OR WE REQUEST IT; ● ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED; ● THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; ● THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD EXCEPT IN VERY LIMITED CIRCUMSTANCES; ● THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY; ● THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION; AND ● THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS ADVISORY AGREEMENT. THIS ARBITRATION PROVISION SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES IN THIS ADVISORY AGREEMENT. ANY AND ALL DISPUTESCONTROVERSIES, CONTROVERSIES DISPUTES OR CLAIMS FOR DAMAGES BETWEEN THE PARTIES OR THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM, OR WITH RESPECT TO (i) ANY PROVISIONS OF OR THE VALIDITY OF THIS ADVISORY AGREEMENT OR OTHER AGREEMENTS RELATING TO YOUR PARTICIPATION IN THE SERVICES, (ii) THE RELATIONSHIP OF THE PARTIES HERETO, (iii) ANY CONTROVERSY ARISING OUT OF OUR BUSINESS OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENTYOUR INVESTMENT ACCOUNT (COLLECTIVELY, "CLAIMS"), OR (iv) ANY SUBSEQUENT AGREEMENT WITH TRANSACTIONS IN YOUR INVESTMENT ACCOUNT SHALL BE CONDUCTED SOLELY BY ARBITRATION PURSUANT TO THE CONTRACTOR RELATING TO ANY RULES THEN IN EFFECT OF THE TERMS AMERICAN ARBITRATION ASSOCIATION. ARBITRATION MUST BE COMMENCED BY SERVICE OF THIS AGREEMENT A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE UPON THE OTHER PARTY. THE DECISION AND AWARD OF THE ARBITRATOR(S) SHALL BE SUBMITTED CONCLUSIVE AND BINDING UPON ALL PARTIES. EACH SIDE IS RESPONSIBLE FOR ITS OWN SHARE OF ARBITRATOR FEES ASSESSED BY THE ARBITRATOR UNDER THE ARBITRATION ADMINISTRATOR’S RULES OF PROCEDURE. IF YOU BELIEVE THAT YOU ARE UNABLE TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES AFFORD ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS FEES THAT WOULD BE YOURS TO PAY, YOU MAY REQUEST THAT WE PAY OR CLIENTS FOR ANY DAMAGE OF ANY KINDREIMBURSE THEM, AND WE WILL CONSIDER YOUR REQUEST IN GOOD FAITH. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION THAT THERE SHALL BE CONDUCTED BEFORE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENTCLASS ACTION BASIS, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE AND YOU EXPRESSLY WAIVE ANY RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY BRING A COURT OF COMPETENT JURISDICTION CLASS ACTION LAWSUIT OR ARBITRATION AGAINST US OR OUR REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS WITH RESPECT TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDCLAIMS. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITIONNotwithstanding the foregoing or anything to the contrary in this Advisory Agreement, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder in no way shall this Advisory Agreement constitute a waiver or limitation of page left intentionally blank. Signature page followsrights that you may have under federal or state securities laws to pursue a remedy by other means if and to the extent such laws guaranty you such right and do not permit the waiver thereof.] Independent Contractor Agreement
Appears in 1 contract
Samples: Advisory Agreement
Arbitration Agreement. ALL PARTIES TO THIS ADVISORY AGREEMENT AGREE THAT UPON THE ELECTION OF ANY OF THEM, ANY DISPUTE RELATING IN ANY WAY TO THIS ADVISORY AGREEMENT, YOUR PASSFOLIO ACCOUNT(S), OR TRANSACTIONS WILL BE RESOLVED BY BINDING ARBITRATION AS DISCUSSED BELOW, AND NOT THROUGH LITIGATION IN ANY COURT. THIS ARBITRATION AGREEMENT IS ENTERED INTO PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1-16: ● ALL PARTIES TO THIS ADVISORY AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED; ● ALL PARTIES TO THIS ADVISORY AGREEMENT WAIVE ANY ABILITY TO PARTICIPATE IN A CLASS OR REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES MUST BE RESOLVED BY BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, WHEN EITHER YOU OR WE REQUEST IT; ● ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED; ● THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; ● THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD EXCEPT IN VERY LIMITED CIRCUMSTANCES; ● THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY; ● THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION; AND ● THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS ADVISORY AGREEMENT. THIS ARBITRATION PROVISION SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES IN THIS ADVISORY AGREEMENT. ANY AND ALL DISPUTESCONTROVERSIES, CONTROVERSIES DISPUTES OR CLAIMS FOR DAMAGES BETWEEN PASSFOLIO ADVISERS, LLC AND THE CLIENT OR THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM, OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS ADVISORY AGREEMENT OR OTHER AGREEMENTS RELATING TO THIS AGREEMENT OR ANY MATTER COVERED YOUR PARTICIPATION IN THIS AGREEMENTTHE PROGRAM, OR ANY SUBSEQUENT AGREEMENT WITH (b) THE CONTRACTOR RELATING TO ANY RELATIONSHIP OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page follows.] Independent Contractor AgreementHERETO,
Appears in 1 contract
Samples: Advisory Agreement
Arbitration Agreement. ANY AND This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree as follows: • ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES ARISING OUT OF OR RELATING PARTIES TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE ARE GIVING UP THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED. • ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. • THE ABILITY OF COMPETENT JURISDICTION THE PARTIES TO HALT ANY BREACH BEFORE ISSUANCE OF OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. • THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR PANEL AT LEAST 30 20 DAYS PRIOR TO THE FINAL FIRST SCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. • THE RULES OF SOME ARBITRATION HEARING; AND 2) EACH PARTY FORUMS MAY TAKE ONE DEPOSITION IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. • THE RULES OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND FORUM IN WHICH THE CLAIM IS FILED, AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND AMENDMENTS THERETO, SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED INCORPORATED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTIONAGREEMENT. I SUGGEST DELETIONClient and Baird agree that any claim or controversy between Client or Authorized Representatives, Agents or employees of Client on the one hand, and Baird or any of Xxxxx’x present or former officers, directors, agents or employees on the other hand, shall be settled by arbitration. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder This Arbitration Agreement shall apply to any claim, controversy or issue arising from events that occurred prior to, on, or subsequent to the execution of page left intentionally blank. Signature page follows.] Independent Contractor Agreementthis Arbitration Agreement concerning or relating to:
Appears in 1 contract
Samples: Client Margin Agreement Supplement
Arbitration Agreement. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE. BY SIGNING AN ARBITRATION AGREEMENT THE PARTIES AGREE AS FOLLOWS: • ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED. • ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. • THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. • THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. • THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. • THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. YOU AGREE THAT ANY AND ALL DISPUTESCONTROVERSIES THAT MAY ARISE BETWEEN YOU AND CENTERPOINT SECURITIES, CONTROVERSIES PRECISION SECURITIES, ITS OFFICERS, OWNERS, AFFILITAES, DIRECTORS, AGENTS OR CLAIMS FOR DAMAGES ARISING OUT EMPLOYEES CONCERNING ANY ACCOUNT, TRANSACTION, DISPUTE, OR THE CONSTRUCTION, PERFORMANCE, OR BREACH OF OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN OTHER AGREEMENT BETWEEN US PERTAINING TO SECURITIES AND OTHER PROPERTY, WHETHER ENTERED INTO PRIOR, ON OR SUBSEQUENT TO THE DATE HEREOF, SHALL BE DETERMINED BY ARBITRATION. YOU AND PRECISION SECURITIES AGREE THAT THE BENEFIT OF THIS AGREEMENT, OR ANY SUBSEQUENT ARBITRATION AGREEMENT WITH THE CONTRACTOR RELATING SHALL INURE TO ANY OF THE TERMS OF PRECISION SECURITIES AFFILIATE(S) NAMED IN CONNECTION WITH ANY SUCH PRECISION SECURITIES CLAIM. ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED PURSUANT TO THE FEDERAL ARBITRATION ACT AND THE LAWS OF THE STATE OF CALIFORNIA. ANY CONTROVERSY BETWEEN YOU AND YOUR BROKER SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. ARBITRATION BEFORE THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTYFINANCIAL INDUSTRY REGULATORY AUTHORITY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION INC (“AHLAFINRA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION ) AND SHALL BE CONDUCTED BEFORE IN ACCORDANCE WITH THE RULES OF FINRA IN EFFECT AT THE TIME WHEN THE ARBITRATION IS COMMENCED. THE AWARD OF THE ARBITRATORS, OR OF THE MAJORITY OF THEM, SHALL BE FINAL, AND JUDGMENT UPON THE AWARD RENDERED MAY BE ENTERED AND ENFORCED IN ANY COURT, STATE OR FEDERAL, HAVING JURISDICTION. NO PERSONS SHALL BRING A SOLE ARBITRATOR AGREED UPON PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PRE-DISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION; OR WHO IS A MEMBER OF A PUTATIVE CLASS WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PARTIES. PUTATIVE CLASS ACTION UNTIL: (I) THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER CLASS CERTIFICATION IS DENIED, OR NOT A PARTY BREACHED (II) THE AGREEMENTCLASS IS DECERTIFIED, OR (III) THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF CUSTOMER IS EXCLUDED FROM THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES CLASS BY THE ARBITRATOR AND SHALL BE COURT. SUCH FORBEARANCE TO ENFORCE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT AGREEMENT TO CREATE A PENALTY. THE ARBITRATOR ARBITRATE SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE COMPANYEXTENT STATED HEREIN. [Remainder of page left intentionally blank. Signature page followsYOU UNDERSTAND THAT ANY COMPLAINTS SHOULD BE DIRECTED TO THE YOUR BROKER’S MAIN ADDRESS 16885 XXX XXX XXXXX XX, XXXXX 000, XXX XXXXX, XX 00000, ATTENTION: COMPLIANCE.] Independent Contractor Agreement
Appears in 1 contract
Samples: Account Agreement
Arbitration Agreement. EACH PARTY AGREES TO ADVISE THE OTHER PARTY PROMPTLY IN THE EVENT A DISPUTE ARISES BETWEEN THEM (OR ANY OF THEIR AFFILIATES, IT BEING UNDERSTOOD THAT AFFILIATES ARE BOUND BY THIS USER AGREEMENT). THE PARTIES AGREE TO ATTEMPT TO RESOLVE ANY SUCH DISPUTE INFORMALLY BEFORE FILING A FORMAL ACTION. IF A DISPUTE CANNOT BE RESOLVED INFORMALLY WITHIN THIRTY (30) DAYS, AND ALL DISPUTESMEDIATION (DESCRIBED BELOW) FAILS TO RESOLVE THE DISPUTE, CONTROVERSIES EITHER PARTY MAY FILE AN ARBITRATION DEMAND. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY FILE AN ARBITRATION DEMAND PRIOR TO SUCH TIME TO COMPLY WITH ANY STATUTE OF LIMITATION OR CLAIMS FOR DAMAGES TIMING REQUIREMENTS TO PRESERVE ITS CLAIMS. ANY CONTROVERSY, DEMAND, CAUSE OF ACTION, WHETHER IN TORT, CONTRACT, BY STATUTE OR OTHERWISE, BETWEEN YOU AND BAKKT CRYPTO (OR ITS AFFILIATES) INCLUDING THOSE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR THE ACCOUNT, ANY SUBSEQUENT AGREEMENT WITH ACTIVITIES IN THE CONTRACTOR RELATING TO ACCOUNT, INCLUDING WITHOUT LIMITATION, ANY USE OF THE TERMS SERVICES, USE OF THIS AGREEMENT THE PLATFORM, THIRD PARTY SERVICES, SENDING ORDERS FOR THE PURCHASE OR SALE OF CRYPTOCURRENCIES, AND THE STORAGE OF YOUR CRYPTOCURRENCIES, SHALL BE SUBMITTED EXCLUSIVELY, FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION PURSUANT TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (INCLUDING THE EXPEDITED PROCEDURES FOR SUCH RULES IF THE MATTER IS ARBITRATED BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KINDA SINGLE ARBITRATOR). THE PARTIES AGREE EITHER ARBITRATION WILL BE HELD IN ATLANTA, GEORGIA, UNLESS SUCH LOCATION IS NOT CONVENIENT, THE ARBITRATION WILL BE HELD IN THE COUNTY OF YOUR RESIDENCE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY MAY INVOKE BINDING OF A WRITTEN DEMAND FOR ARBITRATION AND SUCH INVOCATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE MATTER SHALL BE DECIDED BY ONE INDEPENDENT ARBITRATOR, UNLESS THE AMOUNT IN DISPUTE IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTYEXCESS OF $1,000,000, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THEN THE ARBITRATION SHALL BE CONDUCTED BEFORE DECIDED BY A SOLE ARBITRATOR AGREED UPON PANEL OF THREE INDEPENDENT ARBITRATORS, ONE CHOSEN BY BAKKT CRYPTO, ONE CHOSEN BY YOU AND THE THIRD CHOSEN BY THE PARTIESFIRST TWO ARBITRATORS. THE ARBITRATOR’S AUTHORITY ARBITRATOR(S) SHALL HAVE INDUSTRY RELATED EXPERIENCE. THE ARBITRATOR(S) SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY APPLY. THE ARBITRATION ITSELF SHALL BE LIMITED TO WHETHER GOVERNED BY FEDERAL ARBITRATION ACT 9 USC §1 ET. SEQ. AND JUDGMENT UPON THE AWARD MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR OR NOT PANEL SHALL ISSUE A PARTY BREACHED REASONED AWARD. BAKKT CRYPTO SHALL BE RESPONSIBLE FOR THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT COSTS OF THE BREACH AND/OR ARBITRATION AND THE ISSUANCE PARTIES OWN LEGAL FEES AND COSTS, UNLESS BAKKT CRYPTO IS THE PREVAILING PARTY, IN WHICH CASE YOU WILL PAY ONE-HALF OF AN INJUNCTIONTHE COSTS OF THE ARBITRATION AND YOUR LEGAL FEES AND COSTS. AT ALL TIMES THE ARBITRATOR ARBITRATORS SHALL HAVE BE SPECIFICALLY AUTHORIZED TO AWARD LEGAL FEES AND COSTS OF ARBITRATION TO THE RIGHT PREVAILING PARTY. THE DUTY TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY ARBITRATE DESCRIBED HEREIN SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THE PARTIES HEREBY WAIVE TRIAL IN A COURT OF COMPETENT JURISDICTION LAW OR BY JURY. ALL ARBITRATION CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND YOU WAIVE ANY RIGHTS YOU HAVE TO HALT PARTICIPATE IN A CLASS ACTION RELATING TO ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDMATTERS DESCRIBED IN THIS DISPUTE RESOLUTION SECTION. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS DISPUTE REQUIRING INJUNCTIVE OR OTHER EMERGENCY EQUITABLE RELIEF MAY BE FORFEITED BROUGHT DIRECTLY TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE CODESTATE OR FEDERAL COURT LOCATED IN ATLANTA, GEORGIA OR WILMINGTON, DELAWARE FOR ANY SUIT SEEKING INTERIM OR INJUNCTIVE RELIEF OR TO CONFIRM AND EXECUTE UPON THE AWARD. YOU HEREBY AGREE TO SUCH EXCLUSIVE JURISDICTION AND VENUE AND WAIVE ANY RIGHTS YOU MAY HAVE TO CLAIM THAT THE FORUM IS NOT CONVENIENT AND OTHER CLAIMS TO INVALIDATE SUCH JURISDICTION. BEFORE COMMENCING AN ACTION IN ARBITRATION, THE PARTIES SHALL PROMPTLY SUBMIT ANY DISPUTE THAT THEY HAVE FAILED TO PROMPTLY RESOLVE TO MEDIATION BEFORE JAMS IN ATLANTA, GEORGIA OR AT A LOCATION AGREED TO BY THE PARTIES, THE PARTIES SHALL JOINTLY SELECT THE MEDIATOR, OR IF THE PARTIES ARE UNABLE TO AGREE UPON A MEDIATOR, THEN THE DISPUTE SHALL BE SUBMITTED TO NON-BINDING MEDIATION BEFORE JAMS. THE ITEMS COST OF THE MEDIATION SHALL BE PAID BY BAKKT CRYPTO. IF THE PARTIES ARE UNABLE TO ACHIEVE A MUTUALLY AGREEABLE RESOLUTION OF THE DISPUTE THROUGH MEDIATION WITHIN 60 DAYS AFTER COMMENCEMENT OF MEDIATION PROCEEDINGS, THE PARTIES HEREBY AGREE TO SUBMIT THEIR DISPUTE TO BINDING ARBITRATION DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO ABOVE. NOTWITHSTANDING THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING FOREGOING, EITHER PARTY MAY SEEK ENFORCEMENT IN FILE AN ARBITRATION DEMAND AT ANY COURT TIME TO COMPLY WITH ANY STATUTE OF COMPETENT JURISDICTION. FAILURE LIMITATION OR TIMING REQUIREMENTS TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page followsPRESERVE ITS CLAIMS.] Independent Contractor Agreement
Appears in 1 contract
Samples: Bakkt User Agreement
Arbitration Agreement. ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES CONTROVERSY BETWEEN US ARISING OUT OF YOUR BUSINESS OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATIONARBITRATION CONDUCTED BEFORE THE NEW YORK STOCK EXCHANGE, INC., OR NASD DISPUTE RESOLUTION, INC. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS (OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THEIR SUCCESSOR FIRMS), AND IN ACCORDANCE WITH THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION THEN OBTAINING OF THE COMPANY. THE ARBITRATION SELECTED ORGANIZATION AND SHALL BE CONDUCTED BEFORE AS A SOLE ARBITRATOR AGREED BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE, THEREIN ELECTING THE ARBITRATION TRIBUNAL. NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PRE-DISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED TN COURT A PUTATIVE CLASS ACTION AND WHO IS A MEMBER OF A PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PARTIES. PUTATIVE CLASS ACTION UNTIL: (i) THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR NOT A PARTY BREACHED (iii) THE AGREEMENT, CUSTOMER IS EXCLUDED FROM THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES CLASS BY THE ARBITRATOR AND SHALL BE COURT. SUCH FORBEARANCE TO ENFORCE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT AGREEMENT TO CREATE A PENALTY. THE ARBITRATOR ARBITRATE SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE COMPANY. [Remainder of page left intentionally blank. Signature page followsEXTENT STATED HEREIN.] Independent Contractor Agreement
Appears in 1 contract
Samples: Fully Disclosed Clearing Agreement (Southern Trust Securities Holding Corp)
Arbitration Agreement. THE PRIOR CONFIDENTIALITY, NON-CIRCUMVENTION & NON-DISCLOSURE AGREEMENT (CA.NDA), IF ANY, SIGNED BY REPRESENTIVE IN ANY CAPACITY IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE. A BREACH OF THAT AGREEMENT IS A BREACH OF THIS AGREEMENT. AND A BREACH OF THIS AGREEMENT IS A BREACH OF THAT AGREEMENT. AS SUCH, ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT AND/OR THE CA.NDA SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS CUSTOMERS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR EITHER UNDER THE AMERICAN HEALTH LAWYERS ARBITRATION ASSOCIATION (“AHLAAAA”), AND/OR THE DALLAS OFFICE OF JAMS. SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION OR TRIBUNAL HEREUNDER IS AT THE SOLE DISCRETION OF THE COMPANY. IF THE RECEIPENT PARTY, OR ANY CUSTOMER OR CLIENT OF RECEIPEENT PARTY SEEKS ADJUDICATION FOR ANY DAMAGES IN ANY OTHER FORUM OR VENUE, UPON TRANSFER TO THE ALLOWED VENUES HEREIN, THE ARBITRATOR SHALL IMMEDIATELY AWARD COSTS AND ATTORNEY FEES TO THE COMPANY ON AN INTERMIN BASIS FOR CORRECTING SUCH IMPROPER USE OF FORUM AND/OR VENUE. THIS IS A MANDATORY AWARD AND SHALL BE AWARED AND ENFORCED WITHIN 30 DAYS OF CHANGE OF VENUE TO DALLAS OR COLLIN COUNTY, TEXAS. THIS AWARD SHALL BE IN THE FORM OF A SANCTION AND NOT A FINAL AJUDICATION. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIES; OTHERWISE, SELECTED BY A COURT OF COMPETENT JURISDICTION, AAA, OR JAMS. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. IN THE EVENT THE ARBITRATOR FINDS THE CONTRACTOR BREACHED THE AGREEMENT, IN ANY MANNER WHATSOVER WHETHER THE CONTRACTOR HAS CURED OR ATTEMPTED TO CURE ITS BREACH, THE ARBITRATOR MUST AND SHALL AWARD ACTUAL ATTORNEY FEES AND MONEY DAMAGES, EVEN IF NOMINAL IN AMOUNT. IN ADDITION, IF A BREACH OF ANY NATURE HAS OCCURRED RELATED TO NON-PERMISSBLE CONTACT WITH TPIP AS LISTED UNDER THE EXISTING CA.NDA BETWEEN THE PARTIES, WHETHER CURED OR NOT, THE ARBITRATOR IN ADDITION TO DAMAGES MUST ALSO AWARD A PERMENANT INJUNCTION CONCURRENT WITH ACTUAL DAMAGES PROHIBITING THE CONTRACTOR FROM EVER CONTACTING ANY PARTY (TPIP) LISTED ON EXHIBIT “A” OF THE CONFIDENTIALITY AGREEMENT INCLUDING, BUT NOT LIMITED TO, THEIR EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS, AFFILATES AND/OR SUBSIDIARIES, DURING THE REMAINING DURATION OF THE TEN (10) YEAR PERIOD SET FORTH IN IN THE CONFIDENTIALITY AGREEMENT. A BREACH RELATED TO NON-PERMISSIBLE CONTACT WITH A TPIP SHALL BE AWARDED SOME DAMAGES, EVEN IF NOMINAL. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED ENFORECED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. THE COMPANY SHALL HAVE THE RIGHT TO ELECT THE TYPE OF MONEY DAMAGES (BOTH GENERAL AND SPECIAL) THEY SEEK. AS SUCH, THEY MAY ELECT TO RECOVER: 1) EXPECTANCY DAMAGES (BENEFIT OF THE BARGAIN); 2) RELIANCE DAMAGES; 3) RESTITUTION DAMAGES (QUATUM MERIUT); 4) LOST PROFITS; 5) OUT OF POCKET DAMAGES; 6) LOSS OF GOODWILL; 7) LOSS OF CREDIT; AND/OR 7) EXEMPLARY DAMAGES. ANY DAMAGES SHALL BE DETERMINED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND NO OTHER. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED FORFIETED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE CREAT A PENALTY. IN ADDITION, ANY BREACH SHALL RESULT IN IMMEDIATE FOREFEITURE OF ANY MONEY CONTRACTOR HAS ON DEPOSIT WITH THE COMPANY AS LIQUIDATED DAMAGES. SUCH FOREFEITURE SHALL BE AN OFFSET AGAINST FUTURE ACTUAL DAMAGES, ATTORNEY FEES AND COSTS. FURTHER, THE COMPANY MAY ELECT TO HAVE A COMBINATION AWARD OF ANY AND ALL TYPES OF DAMAGES ALLOWED HEREIN OR UNDER TEXAS LAW TO FULLY AND COMPLETELY COMPENSATE THEM FOR ANY BREACH. MONEY DAMAGES FOR ANY BREACH BY THE COMPMANY IS LIMITED TO: 1) SPECIFIC PERFORMANCE OF ANY CONTRACT FOR GOODS, SERVICES OR FEES (PERSONAL SERVICE CONTRACTS ARE NOT ENFORCEABLE IN TEXAS AND MAY NOT BE ENFORECED BY THE ARBITRATOR) BETWEEN CONTRACTOR AND THE COM[PANY (IF SPECIFIC PERFORMANCE IS NOT AVAILABLE, THEN A REFUND OF THE PRICE OF GOODS OR PAYMENT OF FEES); 2) DAMAGES ONLY IN THE AMOUNT OF ANY EARNED MONEY ON DEPOSIT WITH COMPANY AT THE TIME THE ARBITRATION IS ENVOKED; AND 3) AN AWARD OF REASONABLE ATTORNEY FEES AND COSTS ONLY. THE ARBITRATOR MAY NOT AWARD THE CONTRACTOR ANY DAMAGES FOR FUTURE LOST PROFITS, BENEFIT OF THE BARGAIN, LOSS OF BUSINESS REPUTATION, OR LOSS OF GOODWILL. ANY SUCH AWARD IS OUTSIDE THE ARBITRATIOR’S EXPRESS POWERS. ANY OTHER AWARDS, (INCLUDING FAILURE TO FIND DAMAGES, EVEN IF NOMINAL, OR TO ISSUE AN INJUNCTION IF A BREACH WAS FOUND BY THE RECEIPENT PARTY) THAN THOSE LISTED HEREIN, SHALL BE OUTSIDE THE ARBITRATOR’S EXPRESS POWERS AND MAY BE IMMEDIATELY REVOKED AND/OR MODIFIED BY A COURT OF COMPETENT JURSIDICTION. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. HEARSAY IS ONLY ALLOWED RELATING TO A TPIP, OR THEIR EMPLOYEES, OFFICERS AND/OR DIRECTORTES, AS EVIDENCE AND AFFIDAVITS OR SWORN STATEMENTS OF NON-PARTY EMPLOYEES WHO ARE LISTED AS TPIP ARE ALLOWED AS EVIDENCE. ALL OTHER TESTIMONY SHALL BE LIVE. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE CONSITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING IN THE EVENT THE ARBITRATOR FAILS TO ACT WITHIN THE PRESCRIBED TIME, OR WITHIN THE PRESCIBED LIMITS ON AWARDS SET FORTH HEREIN, INCLUDING A FAILURE TO AWARD NOMINAL DAMAGES AND A PERMENANT INJUNCTION IF A BREACH OF ANY NATURE HAS BEEN FOUND, A COURT OF COMPETENT JURISDICTION SHALL VACATE THE AWARD PURSUANT TO TEX. CIV. PRAC. REM CODE § 171.07 (A)(3)(A). THE MATTER SHALL THEN BE RESUBMITTED TO ARBITRATION WITH A NEW ARBITRATOR. IF AN AWARD IS DISCUSSED APPEALED BY THE NON-PREVAILING PARTY ANY INJUNCTIVE RELIEF SHALL REMAIN IN SECTION 171.088 PLACE DURING THE APPEAL. FAILURE TO FOLLOW THIS SHALL BE CONSIDERED A VIOLATION OF THE CODEAN ARBITRATOR’S EXPRESS POWERS. THE ITEMS DESCRIBED PARTIES AGREE THAT THE DAMAGES IN THESE ARBITRATION PARAGRAPHS AS WELL AS THE ENFORCEMENT OF AN INJUNTION RELATED TO TPIP MAY BE CONTRARY TO PUBLIC POLICY AND THAT THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTIONPARAGRAPH IS A WAIVER OF PUBLIC POLICY UNLESS EXPRESSLY PROHIBITED AS A MATTER OF LAW. I SUGGEST DELETION. IN ADDITION, THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. OTHER THAN THOSE REASONS SET FORTH HEREIN, ANY APPEAL, WHETHER IN FEDERAL OR STATE COURT, MUST EXPRESLLY COMPLY WITH THE PROVISIONS OF THE TEXAS ARBITRATION ACT. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTIONJURISDICTION UNDER ONE OR MORE INTERNATIONAL TREATIES OR AGREEMENTS, IF NECESSARY. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page followsSERVICE OF NOTICE OF ARBITRATION MAY BE MADE BY EMAIL AS WELL AS CERTIFIED MAIL.] Independent Contractor Agreement
Appears in 1 contract
Samples: Independent Contractor Agreement (Rapid Therapeutic Science Laboratories, Inc.)
Arbitration Agreement. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. BY ENTERING INTO THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: ● ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED; ● ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED; ● THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; ● THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD EXCEPT IN VERY LIMITED CIRCUMSTANCES; ● THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY; ● THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION; AND ● THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. THIS ARBITRATION PROVISION SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES IN THIS AGREEMENT. ANY AND ALL DISPUTESCONTROVERSIES, CONTROVERSIES DISPUTES OR CLAIMS FOR DAMAGES BETWEEN NEXT FINANCIAL AND THE CLIENT OR THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM, OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS AGREEMENT OR OTHER AGREEMENTS RELATING TO YOUR PARTICIPATION IN THE PROGRAM, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF NEXT FINANCIAL’S BUSINESS OR RELATING THE CLIENT'S INVESTMENT ACCOUNT (COLLECTIVELY, "CLAIMS"), SHALL BE CONDUCTED SOLELY BY ARBITRATION PURSUANT TO THIS AGREEMENT OR ANY MATTER COVERED THE RULES THEN IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY EFFECT OF THE TERMS AMERICAN ARBITRATION ASSOCIATION. ARBITRATION MUST BE COMMENCED BY SERVICE OF THIS AGREEMENT A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE UPON THE OTHER PARTY. THE DECISION AND AWARD OF THE ARBITRATOR(S) SHALL BE SUBMITTED TO CONCLUSIVE AND BINDING ARBITRATIONUPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE SUCH ARBITRATION SHALL BE HELD IN THE STATE OF ANY KINDCALIFORNIA. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION THAT THERE SHALL BE CONDUCTED BEFORE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A SOLE ARBITRATOR AGREED UPON BY CLASS ACTION BASIS, AND THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE CLIENT EXPRESSLY WAIVES ANY RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY BRING A COURT OF COMPETENT JURISDICTION CLASS ACTION LAWSUIT OR ARBITRATION AGAINST Next Financial OR ITS REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS WITH RESPECT TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDCLAIMS. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITIONNotwithstanding the foregoing or anything to the contrary in this Agreement, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder in no way shall this Agreement constitute a waiver or limitation of page left intentionally blank. Signature page followsrights that the Client may have under federal or state securities laws to pursue a remedy by other means if and to the extent such laws guaranty such right to the Client and do not permit the waiver thereof.] Independent Contractor Agreement
Appears in 1 contract
Samples: Investment Advisory Agreement
Arbitration Agreement. ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND ALL DISPUTESLOGIPIP AND/OR ITS OFFICERS, CONTROVERSIES DIRECTORS, AGENTS OR CLAIMS FOR DAMAGES EMPLOYEES, ON THE OTHER HAND, ARISING OUT OF OR RELATING TO THIS AGREEMENT THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE SUBMITTED TO RESOLVED BY BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE THE FORUM OF ANY KIND. THE PARTIES AGREE EITHER PARTY ARBITRATION MAY INVOKE BINDING BE AMERICAN ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLAAAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH SELECTION OF FORUMARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, VENUE AND/OR RULES AND MAY BE ENTERED IN ANY COURT OF COMPETENT HAVING JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANYTHEREOF. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE PARTIESARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE ARBITRATORPROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S AUTHORITY ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE LIMITED ENTITLED TO WHETHER JOIN OR NOT CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY BREACHED NOR AN ARBITRATOR MAY DISCLOSE THE AGREEMENTEXISTENCE, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/CONTENT, OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page followsBOTH PARTIES.] Independent Contractor Agreement
Appears in 1 contract
Samples: Customer Agreement
Arbitration Agreement. ANY AND This Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, the parties agree as follows: • ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES ARISING OUT OF OR RELATING PARTIES TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE ARE GIVING UP THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED. • ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. • THE ABILITY OF COMPETENT JURISDICTION THE PARTIES TO HALT ANY BREACH BEFORE ISSUANCE OF OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. • THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A FINAL AWARD. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE COMPANY. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR PANEL AT LEAST 30 20 DAYS PRIOR TO THE FINAL FIRST SCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. • THE RULES OF SOME ARBITRATION HEARING; AND 2) EACH PARTY FORUMS MAY TAKE ONE DEPOSITION IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. • THE RULES OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND FORUM IN WHICH THE CLAIM IS FILED, AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND AMENDMENTS THERETO, SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED INCORPORATED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTIONAGREEMENT. I SUGGEST DELETIONThe parties agree that any claim or controversy between Client or Authorized Representatives, Agents or employees of Client on the one hand, and a Covered Baird Party on the other hand, shall be settled by arbitration. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder This Arbitration Agreement shall apply to any claim, controversy or issue arising from events that occurred prior to, on, or subsequent to the execution of page left intentionally blank. Signature page follows.] Independent Contractor Agreementthis Arbitration Agreement concerning or relating to:
Appears in 1 contract
Samples: Client Margin Agreement Supplement
Arbitration Agreement. THIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE. BY SIGNING AN ARBITRATION AGREEMENT THE PARTIES AGREE AS FOLLOWS: a. ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORM IN WHICH A CLAIM IS FILED; b. ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. c. THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; d. THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE. e. THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. f. THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. g. THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. THE FOLLOWING ARBITRATION AGREEMENT SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES ABOVE. ANY AND ALL DISPUTESCONTROVERSIES, CONTROVERSIES DISPUTES OR CLAIMS FOR DAMAGES BETWEEN THE CUSTOMER AND YOU, OR THE INTRODUCING BROKER, OR THE AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS OR CONTROL PERSONS OF YOU OR THE INTRODUCING BROKER, ARISING OUT OF, IN CONNECTION WITH, FROM OR WITH RESPECT TO (a) ANY PROVISIONS OF OR RELATING TO THE VALIDITY OF THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENTRELATED AGREEMENTS, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY SUBSEQUENT AGREEMENT WITH CONTROVERSY ARISING OUT OF YOUR BUSINESS, THE CONTRACTOR RELATING INTRODUCING BROKER'S BUSINESS OR THE CUSTOMER'S ACCOUNTS, SHALL BE CONDUCTED PURSUANT TO ANY THE CODE OF ARBITRATION PROCEDURE OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION FINANCIAL\n INDUSTRY REGULATORY AUTHORITY (“AHLAFINRA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION DECISION AND AWARD OF THE COMPANY. THE ARBITRATION ARBITRATOR(S) SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED CONCLUSIVE AND BINDING UPON BY THE ALL PARTIES. THE ARBITRATOR’S AUTHORITY SHALL , AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY ENTERED IN A COURT OF COMPETENT HAVING JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDTHEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANYNo person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre- dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of page left intentionally blank. Signature page followsany rights under this agreement except to the extent stated herein.] Independent Contractor Agreement
Appears in 1 contract
Samples: Options Agreement
Arbitration Agreement. THIS ADVISORY AGREEMENT CONTAINS AN ARBITRATION PROVISION. BY ENTERING INTO THIS ADVISORY AGREEMENT THE PARTIES AGREE AS FOLLOWS: ● ALL PARTIES TO THIS ADVISORY AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED; ● ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED; ● THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; ● THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD EXCEPT IN VERY LIMITED CIRCUMSTANCES; ● THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY; ● THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION; AND ● THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS ADVISORY AGREEMENT. THIS ARBITRATION PROVISION SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES IN THIS ADVISORY AGREEMENT. ANY AND ALL DISPUTESCONTROVERSIES, CONTROVERSIES DISPUTES OR CLAIMS FOR DAMAGES BETWEEN STACKIN AND THE CLIENT OR THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM, OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS ADVISORY AGREEMENT OR OTHER AGREEMENTS RELATING TO YOUR PARTICIPATION IN THE PROGRAM, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF STACKIN'S BUSINESS OR RELATING THE CLIENT'S INDIVIDUAL ACCOUNT OR STACKIN ACCOUNT (COLLECTIVELY, "CLAIMS"), SHALL BE CONDUCTED SOLELY BY ARBITRATION PURSUANT TO THIS AGREEMENT OR ANY MATTER COVERED THE RULES THEN IN THIS AGREEMENT, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY EFFECT OF THE TERMS AMERICAN ARBITRATION ASSOCIATION. ARBITRATION MUST BE COMMENCED BY SERVICE OF THIS AGREEMENT A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE UPON THE OTHER PARTY. THE DECISION AND AWARD OF THE ARBITRATOR(S) SHALL BE SUBMITTED TO CONCLUSIVE AND BINDING ARBITRATIONUPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KINDSUCH ARBITRATION SHALL BE HELD IN THE CITY AND STATE WHERE STACKIN'S PRINCIPAL OFFICE IS LOCATED AT THE TIME SUCH ARBITRATION IS COMMENCED. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION THAT THERE SHALL BE CONDUCTED BEFORE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A SOLE ARBITRATOR AGREED UPON BY CLASS ACTION BASIS, AND THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE CLIENT EXPRESSLY WAIVES ANY RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY BRING A COURT OF COMPETENT JURISDICTION CLASS ACTION LAWSUIT OR ARBITRATION AGAINST STACKIN OR ITS REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS WITH RESPECT TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARDCLAIMS. THE INTENT OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITIONNotwithstanding the foregoing or anything to the contrary in this Advisory Agreement, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder in no way shall this Advisory Agreement constitute a waiver or limitation of page left intentionally blank. Signature page followsrights that the Client may have under federal or state securities laws to pursue a remedy by other means if and to the extent such laws guaranty such right to the Client and do not permit the waiver thereof.] Independent Contractor Agreement
Appears in 1 contract
Samples: Investment Advisory Client Agreement
Arbitration Agreement. AGREEMENT TO ARBITRATE Initial here: _ AUGUSTA AND CLIENT AGREE TO ARBITRATE, IN A FINAL AND BINDING MANNER, ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN CLIENT AND AUGUSTA (INCLUDING ANY OF AUGUSTA'S CURRENT OR FORMER OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT; ANY PAST, PRESENT, OR FUTURE TRANSACTION BETWEEN CLIENT AND AUGUSTA; ANY PAST, PRESENT, OR FUTURE INTERACTION BETWEEN CLIENT AND AUGUSTA; CLIENT’S AUGUSTA ACCOUNT; OR ANY SERVICE PROVIDED BY AUGUSTA TO CLIENT AT ANY TIME. THIS AGREEMENT TO ARBITRATE SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. THE FEDERAL ARBITRATION ACT WILL APPLY EVEN THOUGH THE AGREEMENT PROVIDES THAT IT IS GOVERNED BY THE LAW OF THE STATE OF CALIFORNIA. SCOPE OF ARBITRATION AGREEMENT AUGUSTA AND CLIENT AGREE THAT THE ARBITRATOR WILL DETERMINE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS FOR DAMAGES DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENTBREACH, OR ANY SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY TERMINATION, ENFORCEMENT, AND INTERPRETATION OF THE TERMS OF THIS AGREEMENT SHALL BE SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE AMERICAN HEALTH LAWYERS ASSOCIATION (“AHLA”). SUCH SELECTION OF FORUM, VENUE AND/OR RULES IN ANY COURT OF COMPETENT JURISDICTION IS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE PARTIES. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, AS WELL AS THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT SCOPE, APPLICABILITY, AND VALIDITY OF THIS IS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITIONARBITRATION AGREEMENT, IF THE CONTRACTOR HAS ACQUIRED INCLUDING ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF A PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, ALLEGATIONS THAT THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARINGAGREEMENT IS UNCONSCIONABLE OR UNENFORCEABLE IN ANYWAY. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTIONInitial here: Applicable Rules Augusta and Client agree that any arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures when the amount in controversy is greater than $250,000 and JAMS' Streamlined Arbitration Rules when the amount in controversy is less than or equal to $250,000. [NOTEThe parties agree that a single arbitrator shall be selected to adjudicate all disputes. The selection and replacement of an arbitrator shall be in accordance with JAMS' Rules. Client should review JAMS’ Rules, which are located at: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page followsxxxx://xxx.xxxxxxx.xxx.] Independent Contractor Agreement
Appears in 1 contract
Samples: Transaction Agreement