Binding Arbitration Agreement. You and we agree to attempt to informally settle any disputes affecting your Accounts which might arise under the Membership Agreements and Disclosures. If that cannot be done, you and we agree that any claim or dispute, whether in contract, tort, statute, or otherwise, affecting your Accounts and arising out of or relating to the Membership Agreements and Disclosures will be resolved by BINDING ARBITRATION administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Mediation Procedures and Supplementary Procedures for Consumer-Related Disputes. As a result, you will GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the Membership Agreements and Disclosures (EXCEPT for matters within SMALL CLAIMS COURT jurisdiction). You acknowledge that by agreeing to BINDING ARBITRATION you understand and agree to the following terms: • Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You understand and agree that YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. • Arbitration proceedings provide you a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. • Arbitration decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. • ARBITRATORS can award the same REMEDIES including DAMAGES that a COURT can award. • Any ARBITRATION under the Membership Agreements and Disclosures WILL BE ON AN INDIVIDUAL BASIS. You understand and agree that YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION. • The PLACE OF ARBITRATION shall be in the federal district WHERE YOU RESIDE. • WE WILL REIMBURSE YOU FOR ANY FILING, ADMINISTRATION, AND ARBITRATOR FEES as imposed by the American Arbitration Association. However, if the arbitrator determines that YOUR CLAIM IS FRIVOLOUS, UNWARRANTED, OR BROUGHT FOR AN IMPROPER PURPOSE (in accordance with the Federal Rules of Civil Procedure Section 11(b)) YOU WILL RETURN TO US ANY FILING, ADMINISTRATION, AND ARBITRATOR FEES WE PAID. • If YOU PREVAIL on the merits of your claim in arbitration, WE WILL PAY YOUR ATTORNEYS’ FEES. You will NOT be required to pay OUR ATTORNEYS’ FEES IF WE PREVAIL. FOR MORE DETAILS, check the American Arbitration Association’s website, xxx.xxx.xxx, OR call the American Arbitration Association’s Customer Service telephone number at (000)000-0000. Please note that any debt or loan obligation yo...
Binding Arbitration Agreement. In the event of any dispute between Employee and Employer or any of its agents, employees, affiliated entities, successors or assigns, arising out of or relating to the interpretation, application, breach, arbitrability, or enforceability of this Agreement, or any other dispute arising out of or relating to Employee's employment or relationship with Employer, any such dispute must be resolved in accordance with the Arbitration Agreement, attached hereto as Exhibit "C."
Binding Arbitration Agreement. Parties agree that all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the County of Orange in the State of California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in contract breach and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. PARTIES AGREE THAT THE ARBITRATOR SHALL ADMINISTER AND CONDUCT ANY ARBITRATION IN ACCORDANCE WITH CALIFORNIA LAW, INCLUDING THE CALIFORNIA CODE OF CIVIL PROCEDURE AND THE CALIFORNIA EVIDENCE CODE, AND THAT THE ARBITRATOR SHALL APPLY SUBSTANTIVE AND PROCEDURAL CALIFORNIA LAW TO ANY DISPUTE OR CLAIM, WITHOUT REFERENCE TO RULES OF CONFLICT OF LAW. ARBITRATION SHALL BE THE SOLE, EXCLUSIVE, AND FINAL REMEDY FOR ANY DISPUTE BETWEEN THE PARTIES TO THIS AGREEMENT. ACCORDINGLY, EXCEPT AS PROVIDED FOR BY THIS AGREEMENT, NEITHER PARTY WILL BE PERMITTED TO PURSUE COURT ACTION REGARDING CLAIMS THAT ARE SUBJECT TO ARBITRATION. Notwithstanding the foregoing, in order to prevent irreparable harm, either party has the right to pursue injunctive relief in the state and federal courts located in Orange County, California, and the parties agree to the exclusive jurisdiction and venue of such courts for that purpose.
Binding Arbitration Agreement. It is hereby agreed that any and all claims, disputes and controversies by or between Buyer and Seller arising from or related to the subject home identified herein, or to any defect in or to the subject home or the real property upon which the subject home is situated, or the sale of the subject home by the Seller, including without limitation, any claim of breach of contract, negligent or intentional misrepresentation or nondisclosure in the inducement, execution or performance of any contract, including this arbitration agreement, and breach of any alleged duty of good faith and fair dealing, shall be submitted to binding arbitration by and pursuant to the rules of Construction Arbitration Services, Inc. in effect at the time of the request for arbitration, or by such other similar arbitration service as is mutually agreeable to the parties, and pursuant to the rules of that arbitration service in effect at the time of the request for arbitration. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any State or Federal court of competent jurisdiction. Further, the parties agree that although FHA/VA have requirements to the contrary or the provisions of the 2-10 HBW Limited Warranty, they have contracted to resolve all disputes by arbitration and should either party seek relief by any means of dispute resolution other than agreed arbitration procedure, including the commencement of litigation, then the party violating the agreement to use binding arbitration shall pay all reasonable attorney fees and costs incurred by the non-violating party in seeking relief from such improperly commenced action, including fees and costs incurred in connection with any appeal. This obligation shall survive the closing of Purchase and Sale Agreement.
Binding Arbitration Agreement. The term “Merchant” in this Section 11.e (“Arbitration Agreement”) includes Merchant and the Guarantor(s) listed on Sales Contract. This Arbitration Agreement binds all of them and Vitabyte.
Binding Arbitration Agreement. (i) Company and Merchant agree to resolve all claims and disputes of every kind between them or their respective owners, partners, shareholders, affiliates (including parents, subsidiaries, and other related entities), predecessors, successors, or assigns only through binding individual arbitration before the American Arbitration Association (“AAA”). This Arbitration Agreement is to be broadly interpreted. It includes: (A) claims or disputes relating to any aspect of the relationship between Company and Merchant including claims or disputes relating to this Service Agreement, the Equipment, the Software, the Processing Agreement, any Company product or service, and any agreement to which Merchant and Company are parties (even if the claim or dispute does not involve the Service Agreement), whether based in contract, tort, statute, fraud, misrepresentation, omission, or any other theory; (B) claims or disputes that arose before this Service Agreement or any other agreement became effective (including claims or disputes relating to advertising); (C) claims or disputes that are subject of purported class action litigation on the date this Service Agreement becomes effective but Merchant is not a member of a certified class on that date; and (D) claims or disputes that arise after the termination of this Service Agreement but relate to it or to the Equipment or Software.
Binding Arbitration Agreement. The term “Merchant” in this Section 11.e (“Arbitration Agreement”) includes Merchant and the Guarantor(s) listed on POS Exhibit A. This Arbitration Agreement binds all of them and Shift4.
Binding Arbitration Agreement. If you and Obligo are unable to resolve a Dispute through informal negotiations, either you or Obligo may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO XXX IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website xxx.xxx.xxx. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Obligo will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York County, State of New York, provided that arbitration governed by the AAA Consumer Rules will take place, or where the arbitrator may determine. Except as otherwise provided in this Agreement, you and Obligo may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the arbitrator’s entered award.
Binding Arbitration Agreement. In the event of any dispute between Employee and Employer or any of its agents, employees, affiliated entities, successors or assigns, arising out of or relating to the interpretation, application, breach, arbitrability, or enforceability of this Agreement, or any other dispute arising out of or relating to Employee's employment or relationship with Employer, any such dispute must be resolved in accordance with the Arbitration Agreement, attached hereto as Exhibit "C." The parties have duly executed this Agreement as of the day and year set forth above. EMPLOYER: VIDESSENCE, INC. By: /s/Douglas Netter Dated: Douglas Netter, Chaixxxx xx xxx Xxard of Directors Dated: Paul D. Costa EXHIBXX X XXXXXX XGREEMENT NETTER DIGITAL ENTERTAINMENT, INC. STOCK OPTION AGREEMENT THIS STOCK OPTION AGREEMENT (the "Agreement") is effective as of December 31, 1996 by and between Netter Digital Entertainment, Inc., a Delaware corporation (the "Company"), and Paul Costa ("Optionex"), xxxx reference to the following facts:
Binding Arbitration Agreement. In the event of any dispute between Employee and Employer or any of its agents, employees, affiliated entities, successors or assigns, arising out of or relating to the interpretation, application, breach, arbitrability, or enforceability of this Agreement, or any other dispute arising out of or relating to Employee's employment or relationship with Employer, any such dispute must be resolved in accordance with the Arbitration Agreement, attached hereto as Exhibit "C." The parties have duly executed this Agreement as of the day and year set forth above. EMPLOYER: VIDESSENCE, INC. By: Dated: Douglas Netter, Chairmxx xx xxx Xxxxd of Directors Dated: Delwin Francis EXHIBIX X XXXXXX XXXEEMENT NETTER DIGITAL ENTERTAINMENT, INC. STOCK OPTION AGREEMENT THIS STOCK OPTION AGREEMENT (the "Agreement") is effective as of December 31, 1996 by and between Netter Digital Entertainment, Inc., a Delaware corporation (the "Company"), and Delwin Francis ("Optioxxx"), xxxx xeference to the following facts:
