Arbitration of Controversies. Any controversy arising under this Agreement shall be settled by arbitration in Minneapolis, Minnesota. All controversies shall be settled in accordance with the American Arbitration Association rules then in effect, and any award rendered thereon shall be enforceable in any court of competent jurisdiction.
Arbitration of Controversies. Any claim or controversy that arises out of or relates to this Agreement, or breach of it, will be settled by Arbitration in New York, in accordance with the rule of the American Arbitration Association. Judgment upon the award rendered may be entered in any court having jurisdiction.
Arbitration of Controversies. Any claim or controversy that arises out of or relates to this agreement or breach of it will be settled by arbitration in the City of Lynnwood, in the State of Washington, in accordance with the rules then obtaining of the American Arbitration Association. Judgment upon the award rendered may be entered in the Snohomish County Superior Court in the State of Washington.
Arbitration of Controversies. Any controversy, claim or dispute arising out of or relating to termination of Employee, other than tort claims of Discrimination or Wrongful Termination, shall be settled solely and exclusively by binding arbitration. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator and court reporter, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS’ rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this Section shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. If for any reason this arbitration clause becomes not applicable, then each party submits to the ongoing jurisdiction of the state of California and/or the United States District Court for the enforcement hereof.
Arbitration of Controversies. (i) Arbitration is final and binding on the Parties.
(ii) The Parties are waiving their rights to seek remedies in court, including the right to jury trial.
(iii) Pre-arbitration discovery is generally more limited than and different from discovery in connection with court proceedings.
(iv) The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
(v) The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. The Client agrees and the Bank agrees by carrying the Account that all controversies between the Client and the Bank or its agents, representatives, or employees arising out of or concerning the Account, any transactions between the Client and the Bank or for the Account, or the construction, performance or breach of this or any other agreement between the Client and the Bank, whether entered into prior to, on, or subsequent to the date below, shall be determined by arbitration in accordance with the rules of the American Arbitration Association. Any arbitration proceeding between the Client and the Bank shall be held in Miami-Dade County, Florida. The award of the arbitrator or a majority of the arbitrators shall be final. Judgment on the award rendered may be entered in any state or federal court having jurisdiction.
Arbitration of Controversies. The Client agrees, and the Bank agrees by providing the Online Services, that all controversies between the Client and the Bank or its agents, representatives, or employees, arising out of or concerning the Online Services, or the construction, performance or breach of this or any other agreement between the Client and the Bank or its agents, representatives, or employees, whether entered into prior to, on, or subsequent to the date the Client first accesses the Online Services and agrees to the terms of this Agreement, shall be determined by arbitration in accordance with the rules of the American Arbitration Association. Any arbitration proceeding between the Client and the Bank shall be exclusively held in Miami-Dade County, Florida. The award of the arbitrator or a majority of the arbitrators shall be final. Judgment on the award rendered may be entered in any state or federal court having jurisdiction.
A. Arbitration is final and binding on the Parties.
B. The Parties are waiving their rights to seek remedies in court, including the right to jury trial.
C. Pre arbitration discovery is generally more limited than and different from discovery in connection with court proceedings.
D. The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
E. The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
Arbitration of Controversies. The customer and MLPF&S agree as follows:
(i) the class certification is denied;
(ii) the class is decertified; or
(iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this SDBA Agreement except to the extent stated herein. MyMerrill Terms and Conditions for Self-Direct Brokerage Accounts The following terms and conditions govern your use of MyMerrill website for Self-Direct Brokerage Accounts (“MyMerrill”). By using MyMerrill, you agree to these terms and conditions and they become part of your Self-Direct Brokerage Account Agreement with Xxxxxxx Xxxxx, which otherwise remains in full force and effect. By using this modified version of MyMerrill, you are representing to Xxxxxxx Xxxxx and its licensors and Information Providers that you are at least 18 years old (or the minimum legal age in your jurisdiction). Xxxxxxx Xxxxx reserves the right to add, delete or modify MyMerrill’s functionality and to amend or supplement these Terms and Conditions upon notice, delivered by regular mail, by e-mail or by an on-screen alert on the MyMerrill site. Xxxxxxx Xxxxx also reserves the right to terminate your enrollment in MyMerrill at any time. MyMerrill for Self-Direct Brokerage Account is designed for investors who wish to self-direct their investments in the Self-Direct Brokerage Account. Neither Xxxxxxx Xxxxx, nor any Xxxxxxx Xxxxx representative, will provide any tax, legal, or investment advice nor give any advice or offer any opinion regarding the suitability of any security, order, or transaction in a Self-Direct Brokerage Account. No Xxxxxxx Xxxxx Research opinion or any recommendation of any security (such as our Focus 1 selections) provided to clients at large constitutes a recommendation to a specific client to purchase or sell any investment. You agree that any investments you make through MyMerrill, whether based on information obtained from Xxxxxxx Xxxxx or otherwise, will be solely your own decisions and based on your own evaluation of your personal investment risk profile and your investment objectives. In addition to retaining the sole responsibility for investment decisions, you understand and agree that you are responsible for knowing the rights and terms of all securities in your account, specifically including valuable rights that expire unless the holder takes action. This includes, but is not limited to warrants, stock rights, converti...
Arbitration of Controversies. Client understands and acknowledges that:
a. Arbitration is final and binding on the Parties.
b. The Parties are waiving their rights to seek remedies in court, including the right to jury trial.
c. Pre arbitration discovery is generally more limited than and different from discovery in connection with court proceedings.
d. The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
e. The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry. Client agrees and the Securities Depository agrees by carrying the Account that all controversies between Client and the Securities Depository or its agents, representatives, or employees arising out of or concerning this Agreement, the Account, any transactions between Client and the Securities Depository or for the Account, or the construction, performance or breach of this or any other agreement between Client and the Securities Depository, whether entered into prior to, on, or subsequent to the date below, shall be determined by arbitration in accordance with the rules of the American Arbitration Association. Any arbitration proceedin g between Client and the Securities Depository shall be held in Miami-Dade County, Florida. The award of the arbitrator or a majority of the arbitrators shall be final. Judgment on the award rendered may be entered in any state or federal court having jurisdiction.
Arbitration of Controversies. Employee agrees that any and all past or present disputes with anyone (including Employer and any employee, officer, director, shareholder or benefit plan of Employer in their capacity as such or otherwise) arising out of, relating to, or resulting from Employee's employment with Employer or the termination of Employer's employment with Employer shall be subject to binding arbitration held in San Francisco City and County, California, under the Arbitration Rules set forth in California Code of Civil Procedure Section 1280 through 1294.2, including section 1283.05 (the "Rules") and pursuant to California law. Disputes which Employee agrees to arbitrate include any potential claims of harassment, discrimination or wrongful termination and any statutory claims. Employee understand that this Agreement to arbitrate, the Rules and California law also apply to any disputes which Employer may have with Employer. Any arbitration will be held before an arbitrator from a list provided by JAMS (Judicial Arbitration and Mediation Service) Endispute. To initiate arbitration, Employee may either contact Employer's Human Resources Department for a form or contact JAMS directly. To choose an arbitrator, each party to the arbitration will select five names from the list, and beginning with Employee, will alternatively strike names from the list until a single arbitrator is remaining who is available to decide the dispute. Employer will pay for any administrative or hearing fees charged by the arbitrator or JAMS. The arbitrator shall have the power to decide any motions brought by any party to the arbitration, including motions requesting that a judgment be awarded on any claims raised in arbitration. Employee also agrees that the arbitrator shall have the power to award any remedies, including attorneys' fees and costs, available under applicable law. In addition to the right under the Rules to petition the court to confirm, correct or vacate the arbitrator's award, any party to the arbitration may appeal the arbitrator's award in any appropriate court on any grounds which would exist for an appeal of a decision of a trial court sitting without a jury. In addition to the right under the Rules to petition the court for provisional relief, Employee agrees that any party may petition the court for injunctive relief, in lieu of or in addition to arbitration proceedings, under any circumstances where an injunction (including a temporary restraining order) would be appropriate un...
Arbitration of Controversies. Any dispute over the interpretation or application of this Agreement shall be resolved in binding arbitration under the rules and procedures of the American Arbitration Association. Any request for arbitration must be made in writing no later than 120 days following the date the dispute arises. The cost of arbitration shall be borne equally by the parties. Each party shall pay its own attorney's fees. The arbitrator's decision will be final, and the arbitrator will have no power to add to, subtract from, or modify this Agreement.
