BREACH OF ARBITRATION AGREEMENT Sample Clauses

BREACH OF ARBITRATION AGREEMENT. If either party fails to submit to arbitration following a proper demand to do so, that party shall bear all costs and expenses, including reasonable attorneys’ fees, incurred by the other party in seeking to compel arbitration. Contacting Arbitration Administrators If you have a question about the arbitration administrators mentioned in this Arbitration Provision or would like to obtain a copy of their Arbitration Rules or fee schedules, you can contact them as follows: American Arbitration Association, 0000 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, xxx.xxx.xxx, (000) 000-0000. Commercial or Consumer Rules, J.A.M.S./Endispute, 000 Xxxxx Xxxxxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx, XX 00000; xxx.xxxxxxx.xxx (000) 000-0000, Financial Services Arbitration Rules and Procedures. WHAT OTHER TERMS APPLY TO OUR RELATIONSHIP? Closing the Account You may close your Account at any time by notifying us either in writing at the address shown on your billing statement or by phone at the number provided on your billing statement. We will not honor any Convenience Check or authorize any transactions after your Account is closed. We may close your Account or terminate your credit privileges at any time for any reason, subject to applicable law. If we do so, you may not use your Card or any checks we have issued. In either case, You remain responsible for any balance on your Account, which will continue to accrue Interest Charges and fees and remain subject to all terms of this Agreement. Privacy The Popular, Inc. (our holding company) Privacy Notice explains how we collect and share your information. Communications We may send Cards, billing statements, and other communications to you at any mailing or email address in our records. We may also send an email to any address where we reasonably believe we can contact you. By providing a telephone number for a cellular telephone, other wireless device, or a landline number that is later converted to a wireless device, you are expressly consenting to receiving communications at that number, including, but not limited to, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from Banco Popular and its affiliates, agents or assigns. If the wireless device is not registered in your name, you represent that you are its primary user and have the authority to provide this consent. This express consent applies to each such telephone number that you provide to us now or in...

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BREACH OF ARBITRATION AGREEMENT. If either party fails to submit to arbitration following a proper demand to do so, then that party shall bear all costs and expenses, including reasonable attorneys’ fees, incurred by the other party in seeking to compel arbitration. ********** Authorization to Contact You about Your Account By providing us with your home telephone number, cellular telephone number or other telephone contact information, you authorize us and our processor to contact you using any automatic telephone dialing system, prerecorded voice, voicemail, or messaging service. You agree to notify us promptly if your contact information changes. In addition, you agree that we or our processor may also contact you at any telephone number that you may provide to us in the future using any automatic telephone dialing system, prerecorded voice, voicemail, or messaging service. Backup Withholding You are required to provide us with a tax identification number (“TIN”), certified under the penalty of perjury. Proper completion of IRS Form W-9 or other form that we provide to you requesting TIN certification fulfills this requirement. For individuals, the TIN is the social security number. Under certain conditions we may be required to withhold and pay to the IRS a certain percentage of payments of interest. The percentage withheld will be determined by the rate in effect under IRS regulations. Interest payments may be subject to backup withholding if: • You do not furnish us with your TIN. • The IRS notifies us that you furnished an incorrect TIN. • We are notified by the IRS that you are subject to backup withholding. • You fail to certify to us that you are not subject to backup withholding. • You fail to certify your TIN. • You fail to re-certify your TIN (foreign accounts only). Change of Address/Email Address You must notify us immediately if you change your address or email address. Address changes may be requested only by valid Account Owners upon proper verification. Address changes may be done online at xxx.xxxxxxxxxxxxx.xxx, by contacting our Customer Care Center at 1. 800.274.5696, or by writing to us at the following address: Popular Bank Attn: Popular Direct Products P.O. Box 4884 Miami Lakes, FL 33014 Changes to Agreement We may change, amend or supplement this Agreement at any time as allowed by applicable law. You may be bound by these changes, with or without notice, as the case may be and as allowed by applicable law. For additional information please see Notices Section. C...

BREACH OF ARBITRATION AGREEMENT. If I or KJC AUTO TITLE LOANS CORP fails to submit to arbitration following a proper demand to do so, that party shall bear all costs and expenses, including reasonable attorney's fees, incurred by the other party compelling arbitration. ACKNOWLEDGMENT BY SIGNING BELOW, I ACKNOWLEDGE THAT: (1) I HAVE READ THIS ENTIRE ARBITRATION AGREEMENT CAREFULLY; (2) I AM ENTERING INTO THIS ARBITRATION AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS ARBITRATION AGREEMENT; (3) I WILL HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT IN ACCORDANCE WITH PARAGRAPH (A) ABOVE; AND (4) I HAVE BEEN PROVIDED WITH A DUPLICATE COPY OF THIS ARBITRATION AGREEMENT. I UNDERSTAND THAT THE ARBITRATION PROVISION WILL SUBSTANTIALLY AFFECT MY RIGHTS WITH RESPECT TO ANY DISPUTES WITH YOU UNLESS I FOLLOW THE PROCEDURE TO REJECT ARBITRATION. I VOLUNTARILY AGREE TO BE BOUND BY THE ARBITRATION PROVISION. By: Its Authorized Representative By: Borrower KJC AUTO TITLE LOANS CORP ,

BREACH OF ARBITRATION AGREEMENT. If either party unreasonably fails to submit to arbitration following a proper demand to do so, then that party shall bear all costs and expenses, including reasonable attorneys’ fees, incurred by the other party in seeking to compel arbitration. NON-SUFFICIENT FUNDS (“NSF”)/OVERDRAFTS & RELATED FEES YOUR ACCOUNT BALANCES You may use a number of different access devices to deposit and withdraw funds from your account. Your deposits are credits, and they may be made by cash, check and other instruments of payment for which you are the payee, Automated Clearing House (“ACH”) direct deposits, and via online and mobile banking transfers. Withdrawals from your account are debits, and they may be made, depending on the type of account you have, via checks (and through other transactions made using your share draft checking account number), Debit and ATM Cards, in-person, by mail, Shared Branching, ACH debits, wire transfer requests, internal debits, Bill Pay Service, online and mobile banking transfers and automatic payments.

Related to BREACH OF ARBITRATION AGREEMENT

BINDING ARBITRATION AND CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE 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. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we 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 either 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 [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Applicability of Arbitration Agreement You agree that any dispute or claim relating in any way to your access or use of the Covered Products, or to any aspect of your relationship with Enphase, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Enphase may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
Effect of Arbitration Award The arbitrator's decision shall be final and binding upon the grievant(s), the District and the Union. The California law on final and binding arbitration awards between a school district and an employee organization shall be applicable to such a decision.