Common use of Arbitration of Dispute Clause in Contracts

Arbitration of Dispute. The Company and Client waive any right to trial by jury in any lawsuit or other similar proceeding. Any dispute in connection with any service performed by the Company will be resolved through binding arbitration, pursuant to the rules of the American Arbitration Association ('AAA') as a sole and exclusive manner in which such dispute may be resolved. To the extent allowed by law, the Company and Client each agree that they may only bring claims against each other in his/her or its individual capacities, and not as a plaintiff on a class-wide basis. Each party will bear its own attorney's fees in connection with any dispute in connection with Client's business relationship with the Company. Client agrees that any and all claims, demands, or controversies of any kind or nature that Client has concerning any of the negotiations leading to the purchase of the services, terms, and/or provisions of the sale, engagement agreement, supplemental engagement agreements, supplemental bills, arrangements of payment, purchase of service contract, performance of the engagement agreement or services, or any other dispute arising from any agreement with the Company shall be settled by binding arbitration conducted pursuant to the provisions of Title 9 of the United States Code Chapter 1, et seq. Either party may demand arbitration conducted pursuant to the provisions along with a written statement of the matter in controversy. Within thirty (30) days of receipt of a demand for arbitration, the receiving party shall contact the party initiating arbitration in an attempt to settle the dispute. If attempts to resolve the dispute fail, then the dispute shall be resolved by a neutral binding arbitration body that has knowledge of California Law. If the Company is initiating arbitration, then the Company shall notify Client of its choice of arbitrator when the demand for arbitration is sent. If the Client is initiating arbitration, then the Company will notify Client of its choice of arbitrator within thirty days of receipt of the Client's demand for arbitration. If the Company and Client do not agree on the arbitrator, then the arbitrator shall be selected by Client's choice of arbitrator, together with the Company's choice of arbitrator. If the receiving party fails to contact the initiating party within the time specified above, and/or fails to notify the other party of its choice of arbitrator within the time specified, such party is deemed to agree with the other party's choice of arbitrator. The Company shall deliver its demand for arbitration to Client at Client's last known address. Client shall deliver its demand for arbitration to the Company's business address. Failure of either party to properly deliver the demand in accordance with these terms shall extend the beginning of the period of arbitration and arbitrator selection process until such party is notified in accordance with this agreement. Client agrees to limit the Company's liability of damages to the Client to the greater of the sum of $2,500, or the fee that the Company charged Client for its services. This limitation shall apply regardless of the causes of action or legal theory pled or asserted by Client. If neither party's claim exceeds fifteen thousand dollars ($15,000), then both parties agree that the arbitration shall be decided by submission of their arguments and evidence to the arbitrator in writing. The arbitrator then makes an award based only on the documents. No hearing will be held. The arbitration shall be conducted by the rules selected by the agreed arbitrator, provided that such rules are consistent with the provisions of Title 9 of the United States Code Chapter 1, et seq. Client and Company agree that the party requesting arbitration shall pay its portion of the arbitration fees assessed by the arbitrator.

Arbitration of Dispute. In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, conscionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Dallas, TX in accordance with the Laws of the State of Texas or agreements to be made in and to be performed in Texas. The Company and Client waive any right to trial parties agree that the arbitration shall be administered by jury in any lawsuit or other similar proceeding. Any dispute in connection with any service performed by the Company will be resolved through binding arbitration, pursuant to the rules of the American Arbitration Association ('“AAA'”) as a sole pursuant to its rules and exclusive manner in which such dispute procedures and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification. Judgment on the award made by the arbitrator may be resolvedentered in any court having jurisdiction over the parties. To If either party fails to comply with the extent allowed by lawarbitrator’s award, the Company and Client each injured party may petition the circuit court for enforcement. The parties agree that they either party may only bring claims against each the other only in his/her or its individual capacities, capacity and not as a plaintiff on a class-wide basisor class member in any purported class or representative proceeding. Each party will bear its own attorney's fees in connection with any dispute in connection with Client's business relationship with the Company. Client agrees that any and all claims, demands, or controversies of any kind or nature that Client has concerning any of the negotiations leading to the purchase of the services, terms, and/or provisions of the sale, engagement agreement, supplemental engagement agreements, supplemental bills, arrangements of payment, purchase of service contract, performance of the engagement agreement or services, or any other dispute arising from any agreement with the Company shall be settled by binding arbitration conducted pursuant to the provisions of Title 9 of the United States Code Chapter 1, et seq. Either party may demand arbitration conducted pursuant to the provisions along with a written statement of the matter in controversy. Within thirty (30) days of receipt of a demand for arbitrationFurther, the receiving party shall contact the party initiating arbitration in an attempt to settle the dispute. If attempts to resolve the dispute fail, then the dispute shall be resolved by a neutral binding arbitration body that has knowledge of California Law. If the Company is initiating arbitration, then the Company shall notify Client of its choice of arbitrator when the demand for arbitration is sent. If the Client is initiating arbitration, then the Company will notify Client of its choice of arbitrator within thirty days of receipt of the Client's demand for arbitration. If the Company and Client do not agree on the arbitrator, then the arbitrator shall be selected by Client's choice of arbitrator, together with the Company's choice of arbitrator. If the receiving party fails to contact the initiating party within the time specified above, and/or fails to notify the other party of its choice of arbitrator within the time specified, such party is deemed to agree with the other party's choice of arbitrator. The Company shall deliver its demand for arbitration to Client at Client's last known address. Client shall deliver its demand for arbitration to the Company's business address. Failure of either party to properly deliver the demand in accordance with these terms shall extend the beginning of the period of arbitration and arbitrator selection process until such party is notified in accordance with this agreement. Client agrees to limit the Company's liability of damages to the Client to the greater of the sum of $2,500, or the fee that the Company charged Client for its services. This limitation shall apply regardless of the causes of action or legal theory pled or asserted by Client. If neither party's claim exceeds fifteen thousand dollars ($15,000), then both parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding. The parties shall share the cost of arbitration shall be decided by submission of their arguments and evidence to (not including attorneys’ fees) equally, however the arbitrator shall have discretion to order that the successful party in writingarbitration should be reimbursed for attorneys’ fees from the losing party, as part of the award. The arbitrator then makes an award based only on In the documents. No hearing will be held. The arbitration shall be conducted by event a party fails to proceed with arbitration, unsuccessfully challenges the rules selected by the agreed arbitrator’s award, provided that such rules are consistent or fails to comply with the provisions arbitrator’s award, the other party is entitled to costs of Title 9 suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of the United States Code Chapter 1, et seqissues that can or may be appealed. Client and Company agree It also means that the party requesting arbitration shall pay its portion of the arbitration fees assessed discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.