Broadest Interpretation. The Company hereby agrees to indemnify Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company’s Certificate of Incorporation or Bylaws as now or hereafter in effect, or by statute. In the event of any change after the date of this Agreement in any applicable law, statute or rule which expands the right of a Delaware corporation to indemnify a member of its Board of Directors or an officer, employee, agent or fiduciary, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware corporation to indemnify a member of its Board of Directors or an officer, employee, agent or fiduciary, such change, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement, shall have no effect on this Agreement or the parties’ rights and obligations hereunder.
Broadest Interpretation. In the event of any change after the date of this Agreement in law, statute, or rule which expands the right Company to indemnify Indemnitee, it is the intent of the parties hereto that Indemnitee shall enjoy by this Agreement the greater benefits afforded by such change. In the event of any change in law, statute, or rule which narrows the right of Company to indemnify Indemnitee, such change, to the extent allowed by law, shall only apply to matters that relate to alleged acts, errors, or omissions of Indemnitee that postdate such change.
Broadest Interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”).
Broadest Interpretation. I agree that this LIABILITY WAIVER AND RELEASE AND INDEMNITY AGREEMENT extends to all acts of negligence by BECC, and is intended to be as broad and inclusive as is permitted by California law, and that if any portion thereof is held invalid, I agree that the balance shall, notwithstanding, continue in full legal force and effect.
Broadest Interpretation. Any question about whether a Claim is subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest manner permitted by law to allow its enforcement. Any such questions will be decided by the arbitrator. How the Arbitration Works: How does a party initiate arbitration? All Claims shall be resolved by binding arbitration by the American Arbitration Association (the “AAA”), under its Arbitration Rules for the Resolution of Consumer-Related Disputes. You may obtain copies of the current rules, forms and instructions for initiating arbitration by contacting: American Arbitration Association 0000 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Website: xxx.xxx.xxx 800-778-7879 (toll free) If the AAA is not available or is unwilling to administer the arbitration, the arbitration will be administered by the National Arbitration Forum (“NAF”), under the NAF Code of Procedure then in effect. You may obtain information about how to initiate arbitration from the NAF at xxx.xxxxxxxx.xxx, or by writing to the NAF at X.X. Xxx 00000, Xxxxxxxxxxx, XX 00000. Compelling Arbitration. At any time, you or the Bank may ask a court of competent jurisdiction to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims. What procedures and law are applicable in arbitration? A single arbitrator will resolve Claims. The arbitrator will be a lawyer with at least ten (10) years’ experience in private practice or as a judge of a court of record. The arbitration will follow the rules and procedures of the arbitration administrator in effect on the date the arbitration is filed unless they are inconsistent with this Agreement. In that case, this Agreement will control. The arbitrator will take reasonable steps to protect Cardholder information and other confidential information if requested to do so by you or the Bank. In addition to the parties’ rights to obtain information prior to the hearing under the arbitration administrator’s rules, either party may ask the arbitrator for more information from the other party. The arbitrator will decide whether the discovery of such information is warranted in his or her ...
Broadest Interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”). What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim.
