Broadest Interpretation Clause Samples
The "Broadest interpretation" clause ensures that the terms of an agreement are interpreted in the most expansive way possible to achieve the intended purpose of the contract. In practice, this means that if there is any ambiguity or uncertainty in the language, the interpretation that provides the widest scope of rights, obligations, or protections will be favored. For example, if a provision could be read narrowly or broadly, the broader reading prevails. This clause is primarily used to prevent parties from exploiting technicalities or narrow readings to avoid their responsibilities, thereby promoting fairness and reducing the risk of disputes over interpretation.
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. 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. 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. 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 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.
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: 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 sole discretion, after allowing the other party the opportunity to respond to the request. The arbitrator will apply applicable substantive law, to
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. How Arbitration Works How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or National Arbitration Forum. Any arbitration hearing that I attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to my then current billing address, or at some other place to which I and the Bank agree in writing. You may obtain copies of the current rules of each of the two arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows: American Arbitration Association ▇▇▇-▇▇▇-▇▇▇▇ (toll-free) Website: ▇▇▇.▇▇▇.▇▇▇ JAMS ▇▇▇-▇▇▇-▇▇▇▇ (toll-free) Website: ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ At any time the Bank or I may ask an appropriate court 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, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to me or the Bank. The arbitrator will take reasonable steps to protect customer Account information and other confidential informat...