Common use of Arbitration; Jury Trial Waiver Clause in Contracts

Arbitration; Jury Trial Waiver. 27.1 Any controversy relating to this Agreement and/or any Appendices, or the breach thereof, shall be determined by arbitration in the City of Providence, State of Rhode Island, U.S.A., in accordance with the Commercial Arbitration Rules of the American Arbitration Association, using arbitrators who are experienced business/commercial litigators admitted before the bar of any state of the United States. The dispute shall be determined by one (1) arbitrator acceptable to both parties who shall be selected within seven (7) days of receipt of notice of intention to arbitrate by the party receiving that notice. If, by the end of said seven (7) day period, the parties have not agreed upon one (1) arbitrator as acceptable, then the dispute shall be determined by a panel of three (3) arbitrators selected as follows: Within an additional seven (7) days, each party will appoint one (1) arbitrator. These two (2) arbitrators will then, within an additional seven (7) days, name a third arbitrator to preside over the panel. If either party fails to appoint an arbitrator, or if the two (2) arbitrators do not name a third arbitrator within seven (7) days, either party may request the person or entity administering the arbitration, or, if none, the American Arbitration Association or any other arbitration administering person or entity, to appoint the necessary arbitrator(s) pursuant to the Commercial Arbitration Rules. Arbitrators shall be compensated for their services at the standard hourly rate charged in their private professional activities, and the costs of such compensation shall be shared equally by the parties. The United States Federal Rules of Civil Procedure shall apply with respect to any arbitration hereunder. The arbitrator(s) shall follow substantive rules of law. The arbitrator(s) shall take evidence directly from witnesses and documents as presented by the parties; all witnesses shall be made available for cross-examination. The arbitrator(s) shall make its award in strict conformity with this Agreement and shall have no power to depart from or change any of the provisions hereof. The award of the panel shall be accompanied by findings of fact and a written statement of reasons for the decision. All parties agree to be bound by the results of this arbitration; judgment upon the award so rendered may be entered and/or enforced in any court of record of competent jurisdiction in any country, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the law of such jurisdiction may require or allow. Any cash award shall be payable in United States dollars through a Navigant in the United States. To the extent reasonably practicable, both parties agree to continue performing their respective obligations under this Agreement while the dispute is being resolved. All matters relating to any arbitration hereunder shall be maintained in confidence. All proceedings of the arbitration, including arguments and briefs, shall be conducted in English.

Arbitration; Jury Trial Waiver. 27.1 Any controversy relating to this Agreement and/or any Appendices, or the breach thereof, shall be determined by arbitration in the City of Providence, State of Rhode Island, U.S.A., in accordance with the Commercial Arbitration Rules of the American Arbitration Association, using arbitrators who are experienced business/commercial litigators admitted before the bar of any state of the United States. The dispute shall be determined by one (1) arbitrator acceptable to both parties who shall be selected within seven (7) days of receipt of notice of intention to arbitrate by the party receiving that notice. If, by the end of said seven (7) day period, the parties have not agreed upon one (1) arbitrator as acceptable, then the dispute shall be determined by a panel of three (3) arbitrators selected as follows: Within an additional seven (7) days, each party will appoint one (1) arbitrator. These two (2) arbitrators will then, within an additional seven (7) days, name a third arbitrator to preside over the panel. If either party fails to appoint an arbitrator, or if the two (2) arbitrators do not name a third arbitrator within seven (7) days, either party may request the person or entity administering the arbitration, or, if none, the American Arbitration Association or any other arbitration administering person or entity, to appoint the necessary arbitrator(s) pursuant to the Commercial Arbitration Rules. Arbitrators shall be compensated for their services at the standard hourly rate charged in their private professional activities, and the costs of such compensation shall be shared equally by the parties. The United States Federal Rules of Civil Procedure shall apply with respect to any arbitration hereunder. The arbitrator(s) shall follow substantive rules of law. The arbitrator(s) shall take evidence directly from witnesses and documents as presented by the parties; all witnesses shall be made available for cross-examination. The arbitrator(s) shall make its award in strict conformity with this Agreement and shall have no power to depart from or change any of the provisions hereof. The award of the panel shall be accompanied by findings of fact and a written statement of reasons for the decision. All parties agree to be bound by the results of this arbitration; judgment upon the award so rendered may be entered and/or enforced in any court of record of competent jurisdiction in any country, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the law of such jurisdiction may require or allow. Any cash award shall be payable in United States dollars through a Navigant financial institution in the United States. To the extent reasonably practicable, both parties agree to continue performing their respective obligations under this Agreement while the dispute is being resolved. All matters relating to any arbitration hereunder shall be maintained in confidence. All proceedings of the arbitration, including arguments and briefs, shall be conducted in English.

Arbitration; Jury Trial Waiver. 27.1 Any controversy relating (i) This paragraph concerns the resolution of any controversies or claims between the parties, whether arising in contract, tort or by statute, including but not limited to controversies or claims that arise out of or relate to: (A) this agreement (including any renewals, extensions or modifications); or (B) any document related to this Agreement and/or agreement (collectively a “Claim”). For the purposes of this arbitration provision only, the term “parties” shall include any Appendicesparent corporation, subsidiary or affiliate of the breach thereofBank involved in the servicing, management or administration of any obligation described or evidenced by this agreement. (ii) At the request of any party to this agreement, any Claim shall be determined resolved by binding arbitration in the City of Providence, State of Rhode Island, U.S.A., in accordance with the Commercial Federal Arbitration Rules of Act (Title 9, U.S. Code) (the American Arbitration Association, using arbitrators who are experienced business/commercial litigators admitted before the bar of any state of the United States“Act”). The dispute shall Act will apply even though this agreement provides that it is governed by the law of a specified state. The arbitration will take place on an individual basis without resort to any form of class action. (iii) Arbitration proceedings will be determined by one (1) arbitrator acceptable to both parties who shall be selected within seven (7) days of receipt of notice of intention to arbitrate by in accordance with the party receiving that notice. If, by the end of said seven (7) day periodAct, the parties have not agreed upon one (1) arbitrator as acceptable, then then-current rules and procedures for the dispute shall be determined by a panel arbitration of three (3) arbitrators selected as follows: Within an additional seven (7) days, each party will appoint one (1) arbitrator. These two (2) arbitrators will then, within an additional seven (7) days, name a third arbitrator to preside over the panel. If either party fails to appoint an arbitrator, or if the two (2) arbitrators do not name a third arbitrator within seven (7) days, either party may request the person or entity administering the arbitration, or, if none, financial services disputes of the American Arbitration Association or any other arbitration administering person or entity, to appoint the necessary arbitrator(s) pursuant to the Commercial Arbitration Rules. Arbitrators shall be compensated for their services at the standard hourly rate charged in their private professional activitiessuccessor thereof (“AAA”), and the costs terms of such compensation this paragraph. In the event of any inconsistency, the terms of this paragraph shall control. If AAA is unwilling or unable to (A) serve as the provider of arbitration or (B) enforce any provision of this arbitration clause, any party to this agreement may substitute another arbitration organization with similar procedures to serve as the provider of arbitration. (iv) The arbitration shall be shared equally administered by AAA and conducted, unless otherwise required by law, in any U.S. state where real or tangible personal property collateral for this credit is located or if there is no such collateral, in the partiesCommonwealth of Virginia. The United States Federal Rules All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars ($5,000,000), upon the request of Civil Procedure any party, the Claims shall apply with respect be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to any arbitration hereunderan additional sixty (60) days. The arbitrator(s) shall follow substantive rules of law. The arbitrator(s) shall take evidence directly from witnesses and documents as presented by the parties; all witnesses shall be made available for cross-examination. The arbitrator(s) shall make its award in strict conformity with this Agreement and shall have no power to depart from or change any of the provisions hereof. The award of the panel shall be accompanied by findings of fact and provide a concise written statement of reasons for the decisionaward. All parties agree The arbitration award may be submitted to any court having jurisdiction to be bound confirmed, judgment entered and enforced. (v) The arbitrator(s) will give effect to statutes of limitation in determining any Claim and may dismiss the arbitration on the basis that the Claim is barred. For purposes of the application of the statute of limitations, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the results arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this agreement. (vi) This paragraph does not limit the right of any party to: (A) exercise self-help remedies, such as but not limited to, setoff; (B) initiate judicial or non-judicial foreclosure against any real or personal property collateral; (C) exercise any judicial or power of sale rights, or (D) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. (vii) The filing of a court action is not intended to constitute a waiver of the right of any party, including the suing party, thereafter to require submittal of the Claim to arbitration; judgment upon . (viii) By agreeing to binding arbitration, the award so rendered parties irrevocably and voluntarily waive any right they may be entered and/or enforced have to a trial by jury in respect of any Claim. Furthermore, without intending in any court of record of competent jurisdiction way to limit this agreement to arbitrate, to the extent any Claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury in any country, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the law respect of such jurisdiction may require or allowClaim. Any cash award shall be payable in United States dollars through This provision is a Navigant in material inducement for the United States. To the extent reasonably practicable, both parties agree to continue performing their respective obligations under entering into this Agreement while the dispute is being resolved. All matters relating to any arbitration hereunder shall be maintained in confidence. All proceedings of the arbitration, including arguments and briefs, shall be conducted in Englishagreement.