Common use of BINDING ARBITRATION AND CLASS ACTION WAIVER Clause in Contracts

BINDING ARBITRATION AND CLASS ACTION WAIVER. Any dispute, controversy or claim arising out of or relating in any way to the Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the Agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the Agreement, the complaining Party shall notify the other Party in writing thereof. Within thirty (30) days of such notice, both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. For purposes of this section and the sections heretofore related to class actions and joinder of parties, the terms herein shall apply to any and all claims, liabilities, losses and demands arising on or after August 1, 2020.

BINDING ARBITRATION AND CLASS ACTION WAIVER. Any dispute, controversy or claim arising out of or relating in any way to the Agreement, including without limitation any dispute anydispute concerning the construction, validity, interpretation, enforceability or enforceabilityor breach of the Agreement, shall be exclusively resolved by binding arbitration upon a Party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to the Agreement, the complaining Party shall Partyshall notify the other Party in writing thereof. Within thirty (30) days of such notice, both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through exclusivelythrough arbitration. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two (2) years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. For purposes of this section and the sections heretofore related to class actions and joinder of parties, the terms herein shall apply to any and all claims, liabilities, losses and demands arising on or after August 1, 2020.