BINDING ARBITRATION; WAIVER OF RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION Sample Clauses

BINDING ARBITRATION; WAIVER OF RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL DISPUTES ARISING OUT OF AND RELATED TO THE AGREEMENT (COLLECTIVELY, THE "DISPUTES") SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE TERMS OF THIS SECTION, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEROF. THE ARBITRATION SHALL BE INITIATED AND CONDUCTED AT THE ST. LOUIS, MISSOURI, OFFICE OF THE AAA. THE ARBITRATION SHALL BE FINAL AND BINDING UPON THE PARTIES. ANY PARTY MAY BRING AN ACTION IN COURT TO COMPEL ARBITRATION UNDER THE AGREEMENT AND TO ENFORCE AN ARBITRATION AWARD AS SET FORTH BELOW. OTHERWISE, NO PARTY SHALL INITIATE OR PROSECUTE ANY LAWSUIT OR ADMINISTRATIVE ACTION IN ANY WAY RELATED TO ANY DISPUTE. IN ANY ARBITRATION ARISING OUT OF OR RELATED TO THE AGREEMENT, THE ARBITRATOR SHALL AWARD TO THE PREVAILING PARTY, IF ANY, THE COSTS AND ATTORNEYS' FEES REASONABLY INCURRED BY THE PREVAILING PARTY IN CONNECTION WITH THE ARBITRATION. THE PARTIES SHALL MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDING AND THE AWARD, EXCEPT AS MAY BE NECESSARY IN CONNECTION WITH A JUDICIAL CHALLENGE TO AN AWARD OR ITS ENFORCEMENT, OR UNLESS OTHERWISE REQUIRED BY LAW OR JUDICIAL DECISION. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE BUYER SHALL BE ENTITLED TO SEEK TO OBTAIN ANY PROVISIONAL REMEDY, INCLUDING INJUNCTIVE OR SIMILAR RELIEF, FROM ANY COURT OF COMPETENT JURISDICTION AS MAY BE NECESSARY TO PROTECT THE BUYER’S RIGHTS AND INTERESTS UNDER THE AGREEMENT. EACH OF THE PARTIES AGREES THAT IT MAY BRING CLAIMS AGAINST THE OTHER PARTY ARISING OUT OF ANY DISPUTE ONLY IN SUCH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, EACH OF THE PARTIES AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. SELLER CONSENTS TO PERSONAL JURISDICTION OVER SELLER BY THE AAA IN ST. LOUIS, MISSOURI, AND BY THE COURTS OF THE STATE OF MISSOURI AND AGREES THAT SERVICE OF PROCESS ON SELLER MAY BE EFFECTED BY CERTIFIED MAIL DIRECTED TO SELLER AT ITS ADDRESS SHOWN IN THE AGREEMENT.
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Related to BINDING ARBITRATION; WAIVER OF RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION

  • BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS

  • Right to Arbitrate Claims If any kind of legal claim arises between us as a result of your purchase of the Note, either of us will have the right to arbitrate the claim, rather than use the courts. There are only three exceptions to this rule. First, we will not invoke our right to arbitrate a claim you bring in Small Claims Court or an equivalent court, if any, so long as the claim is pending only in that court. Second, we have the right to seek an injunction in court if you violate or threaten to violate your obligations. Third, disputes arising under the Note or the Revenue Sharing Agreement will be handled in the manner described in the Revenue Sharing Agreement.

  • Submission of a Claim to Arbitration 1. An investor that meets the conditions precedent in Article 22 (Conditions Precedent to Submission of a Claim to Arbitration) may submit a claim to arbitration under:

  • Arbitration Decisions Unless otherwise agreed by the Parties, the arbitrator(s) shall render a decision within ninety (90) Calendar Days of appointment and shall notify the Parties in writing of such decision and the reasons therefor. The arbitrator(s) shall be authorized only to interpret and apply the provisions of this LGIA and shall have no power to modify or change any provision of this Agreement in any manner. The decision of the arbitrator(s) shall be final and binding upon the Parties, and judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator(s) may be appealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself, violated the standards set forth in the Federal Arbitration Act or the Administrative Dispute Resolution Act. The final decision of the arbitrator(s) must also be filed with FERC if it affects jurisdictional rates, terms and conditions of service, Interconnection Facilities, or Network Upgrades.

  • Binding Arbitration If the mediation reaches no solution or the parties agree to forego mediation, the parties will promptly submit their disputes to binding arbitration before one or more arbitrators (collectively or singly, the "ARBITRATOR") the parties agree to select (or whom, absent agreement, a court of competent jurisdiction selects). The arbitration must follow applicable law related to arbitration proceedings and, where appropriate, the Commercial Arbitration Rules of the American Arbitration Association. ARBITRATION PRINCIPLES All statutes of limitations and substantive laws applicable to a court proceeding will apply to this proceeding. The Arbitrator will have the power to grant relief in equity as well as at law, to issue subpoenas duces tecum, to question witnesses, to consider affidavits (provided there is a fair opportunity to rebut the affidavits), to require briefs and written summaries of the material evidence, and to relax the rules of evidence and procedure, provided that the Arbitrator must not admit evidence it does not consider reliable. The Arbitrator will not have the authority to add to, detract from, or modify any provision of this Agreement. The parties agree (and the Arbitrator must agree) that all proceedings and decisions of the Arbitrator will be maintained in confidence, to the extent legally permissible, and not be made public by any party or the Arbitrator without the prior written consent of all parties to the arbitration, except as the law may otherwise require. DISCOVERY; EVIDENCE; PRESUMPTIONS The parties have selected arbitration to expedite the resolution of disputes and to reduce the costs and burdens associated with litigation. The parties agree that the Arbitrator should take these concerns into account when determining whether to authorize discovery and, if so, the scope of permissible discovery and other hearing and pre-hearing procedures. The Arbitrator may permit reasonable discovery rights in preparation for the arbitration, provided that it should accelerate the scheduling of and responses to such discovery so as not to unreasonably delay the arbitration. Exhibits must be marked and left with the Arbitrator until it has rendered a decision. Either party may elect, at its expense, to record the proceedings by audiotape or stenographic recorder (but not by video). The Arbitrator may conclude that the applicable law of any foreign jurisdiction would be identical to that of Texas on the pertinent issue(s), absent a party's providing the Arbitrator with relevant authorities (and copying the opposing party) at least five business days before the arbitration hearing. NATURE OF AWARD The Arbitrator must render its award, to the extent feasible, within 30 days after the close of the hearing. The award must set forth the material findings of fact and legal conclusions supporting the award. The parties agree that it will be final, binding, and enforceable by any court of competent jurisdiction. Where necessary or appropriate to effectuate relief, the Arbitrator may issue equitable orders as part of or ancillary to the award. The Arbitrator must equitably allocate the costs and fees of the proceeding and may consider in doing so the relative fault of the parties. The Arbitrator may award reasonable attorneys' fees to the prevailing party to the extent a court could have made such an award.

  • LITIGATION OR ARBITRATION In the event that suit or arbitration is brought to enforce the terms of this agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. The Dispute Resolution provisions are set forth on Exhibit "B," ‘Dispute Resolution’ attached hereto and by this reference incorporated herein.

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