Class and Collective Action Waiver Sample Clauses

Class and Collective Action Waiver. In signing this General Release, I hereby agree not to bring or participate in any class or collective action against the Company and/or the other Released Parties that asserts, in whole or in part, any claims that arose before I signed this Agreement, whether or not such claims (if brought by me individually) are released by this Agreement.
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Class and Collective Action Waiver. Each Party hereby waives such Party’s right to begin, to become a party to, or to remain a participant in, any group, representative, class, collective or hybrid class/collective action with respect to the business of the Partnership and/or its Affiliates in any court against any other Party. Each Party also waives such Party’s right to commence, to become a party to, or to remain a participant in, any group, representative, class, collective or hybrid class/collective action claim with respect to the business of the Partnership and/or its Affiliates in arbitration or any other forum against any other Party. Each Party agrees that any Dispute with any other Party will be resolved pursuant to mediation and arbitration procedures set forth in this Article 11. Each Party agrees that this provision does not limit such Party’s right to initiate an action in state or federal court challenging the enforceability of the wavier set forth in this Section 11.4.
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Class and Collective Action Waiver. The Arbitration Parties agree that all covered disputes brought against each other by another Arbitration Party will be arbitrated on an “individual basis” only (which, for purposes of this Agreement, means only between the applicable Arbitration Parties) and not in a class action arbitration, a collective action arbitration, or on a group, representative, consolidated or joint basis with any parties other than the Arbitration Parties. The Arbitrator shall have no authority to consider or resolve any claim or issue in a covered dispute on any basis other than on an individual basis and may not consolidate or join one or more covered disputes. The provisions in this Section 10.12 mean that both parties waive their right to commence, become a party to, or in any way participate as a representative or member in any class action, collective action, or group or representative action, proceeding, or claim against the other party or in any such action or claim consolidated or joined with another person or entity, with respect to any covered dispute, and each Arbitration Party agrees to opt-out of or be severed from any such action, proceeding or claim. For the sake of clarity, it is understood that nothing in this paragraph 10.12 limits or forecloses any Arbitration Party’s right to give testimony or assist another private or a governmental party in any proceeding of any nature. Fees; Award. Consistent with the applicable JAMS Arbitration Rules and Procedures, the parties to an arbitration covered by this Section 10.12 agree that they shall share equally (each side shall pay one-half) of the fees and costs of the Arbitrator and the fees and costs of arbitration charged by JAMS; except that: (i) in all cases where required by law, SI will pay the full amount of the Arbitrator's and JAMS arbitration fees and costs; and (ii) where the Arbitrator determines that it is appropriate or necessary based on the financial resources of the parties, one party shall pay more than one-half, in an amount to be determined by the Arbitrator as fair and equitable. For sake of clarity, it is understood that if any applicable law or court decision limits the amount of filing and other fees that a party shall pay as the fees to any arbitration panel such as JAMS or to an arbitrator, then such party shall not be obligated to pay any fees in excess of such limits. Each of the parties to any arbitration covered by this Section 10.12 shall bear the cost of its own legal fees and costs, in...
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Class and Collective Action Waiver. Employee waives the right to bring any Claim on a class and/or collective action basis, in court, arbitration, or in any other forum, as a named or unnamed plaintiff, participant, class member or in any other capacity. The arbitrator shall have no power to arbitrate class and/or collective action Claims brought by Employee or including Employee. Employee further agrees that if Employee is included in any class and/or collective action of covered Claims, Employee will take all steps necessary to opt out or refrain from opting in. Notwithstanding this waiver, Employee has a statutory right under the National Labor Relations Act to act concertedly on behalf of Employee and others, and to exercise all rights under the Act, including but not limited to Section 7 rights, the right to file statutory claims for public injunctive relief, and the right to file unfair labor practice charges with the National Labor Relations Board.
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Class and Collective Action Waiver. By signing this Agreement and Release, Team Member agrees not to bring or participate as a Plaintiff or class member in any class action or collective action against the Company that asserts, in whole or in part, any claims that arose before Team Member signed this Agreement and Release related to the undersigned’s employment with the Company or his separation therefrom, whether or not such claims (if brought by Team Member individually) are released by this Agreement and Release.
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Class and Collective Action Waiver. You and Mopeka explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis.
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Class and Collective Action Waiver. In signing this General Release, I hereby agree not to bring or participate in any class or collective action against the Company and/or the other Released Parties that asserts, in whole or in part, any claims that arose before I signed this Agreement, whether or not such claims (if brought by me individually) are released by this Agreement. 8. Release Given Full Force and Effect. In signing this General Release, I acknowledge and intend that it shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. I expressly consent that this General Release shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown and unsuspected Claims (notwithstanding any state or local statute that expressly limits the effectiveness of a general release of unknown, unsuspected and unanticipated Claims), if any, as well as those relating to any other Claims hereinabove mentioned or implied. I acknowledge and agree that this waiver is an essential and material term of this General Release and that without such waiver I would not have become a Participant in the Plan. I further agree that in the event I should bring a Claim seeking damages against the Company, or in the event I should seek to recover against the Company in any Claim brought by a governmental agency on my behalf, this General Release shall serve as a complete defense to such Claims to the maximum extent permitted by law. I further agree that I am not aware of any pending claim of the type described herein as of the execution of this General Release. 9.
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Class and Collective Action Waiver. THIS ARBITRATION AGREEMENT PROHIBITS THE ARBITRATOR FROM CONSOLIDATING THE CLAIMS OF OTHERS INTO ONE PROCEEDING. THIS MEANS AN ARBITRATOR SHALL HEAR ONLY INDIVIDUAL CLAIMS AND IS PROHIBITED FROM FASHIONING A PROCEEDING AS A CLASS OR COLLECTIVE ACTION OR AWARDING RELIEF IN SUCH A PROCEEDING. Any question or dispute concerning the scope or validity of this Paragraph shall be decided by a court of competent jurisdiction and not the Arbitrator. Should a court determine that this Paragraph is invalid for any reason, LOGISTICS PROVIDER and IC hereby waive any right to arbitration of a class or collective action and instead agree and stipulate that such claims will be heard only by a judge.
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Class and Collective Action Waiver. The Parties agree not to bring any disputes between each other on a collective or class basis; rather, the Parties agree to bring such disputes in arbitration on an individual basis only. An arbitrator may not resolve any disputes concerning the enforceability or validity of this class and collective action waiver; only a court with proper jurisdiction may resolve such a dispute. If this class action waiver is held to be illegal for any reason, the Parties agree that a court, and not an arbitrator, will hear any class or collective action.
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Related to Class and Collective Action Waiver

  • Collective Action of the Lenders Each of the Lenders hereby acknowledges that to the extent permitted by Applicable Law, any collateral security and the remedies provided under the Loan Documents to the Lenders are for the benefit of the Lenders collectively and acting together and not severally and further acknowledges that its rights hereunder and under any collateral security are to be exercised not severally, but by the Administrative Agent upon the decision of the Required Lenders (or such other number or percentage of the Lenders as shall be expressly provided for in the Loan Documents). Accordingly, notwithstanding any of the provisions contained herein or in any collateral security, each of the Lenders hereby covenants and agrees that it shall not be entitled to take any action hereunder or thereunder including, without limitation, any declaration of default hereunder or thereunder but that any such action shall be taken only by the Administrative Agent with the prior written agreement of the Required Lenders (or such other number or percentage of the Lenders as shall be expressly provided for in the Loan Documents). Each of the Lenders hereby further covenants and agrees that upon any such written agreement being given, it shall co-operate fully with the Administrative Agent to the extent requested by the Administrative Agent. Notwithstanding the foregoing, in the absence of instructions from the Lenders and where in the sole opinion of the Administrative Agent, acting reasonably and in good faith, the exigencies of the situation warrant such action, the Administrative Agent may without notice to or consent of the Lenders take such action on behalf of the Lenders as it deems appropriate or desirable in the interest of the Lenders.

  • Alternative Action In the event it shall become impossible for the Bank or the Plan Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Bank or Plan Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the Bank, provided that such alternative act does not violate Code Section 409A.

  • Corrective Action Plan Within fifteen (15) Business Days following the establishment of the Joint Remediation Committee, the Purchasers, in consultation with the Sellers, shall prepare and submit to the Joint Remediation Committee an initial draft of the Corrective Action Plan. The parties shall work in good faith through the Joint Remediation Committee to finalize the Corrective Action Plan within fifteen (15) Business Days of the Purchasers’ submission of the initial draft of the Correct Action Plan. At the end of such period, if the Sellers reasonably determine that the Corrective Action Plan proposed by the Purchasers (as may be modified over the course of such period) would not reasonably be expected to satisfactorily address the Major Default, then the Sellers may escalate the issue to the Head of Commercial Capital (or equivalent leader of any successor business unit) of the Seller Group and the Chief Executive Officer of the Bank Assets Purchaser (the “Senior Executives”) and the Senior Executives shall work collaboratively (including with the Joint Remediation Committee) to develop a mutually agreeable Corrective Action Plan within fifteen (15) Business Days.

  • Corrective Action Despite its right to terminate this Agreement pursuant to this Article, the LHIN may choose not to terminate this Agreement and may take whatever corrective action it considers necessary and appropriate, including suspending Funding for such period as the LHIN determines, to ensure the successful completion of the Services in accordance with the terms of this Agreement.

  • Indemnification in Derivative Actions and Direct Actions by the Company Subject to Section 10 below, the Company shall indemnify Indemnitee to the fullest extent permitted by the Code, as the same may be amended from time to time (but, only to the extent that such amendment permits Indemnitee to broader indemnification rights than the Code permitted prior to adoption of such amendment), if Indemnitee is a party to or threatened to be made a party to or otherwise involved in any proceeding by or in the right of the Company to procure a judgment in its favor, against any and all expenses actually and reasonably incurred by Indemnitee in connection with the investigation, defense, settlement, or appeal of such proceedings.

  • Required Actions (a) Each of the parties shall use their respective reasonable best efforts to take, or cause to be taken, all actions, and do, or cause to be done, and assist and cooperate with the other parties in doing, all things reasonably appropriate to consummate and make effective, as soon as reasonably possible, the Merger and the other transactions contemplated by this Agreement.

  • Derivative Actions In addition to the requirements set forth in Section 3816 of the Delaware Act, a Shareholder may bring a derivative action on behalf of the Trust only if the following conditions are met:

  • Advances Payments Non Funding Lenders Information Actions in Concert (a) ADVANCES; PAYMENTS. Lenders shall refund or participate in the Swing Line Loan in accordance with CLAUSES (iii) and (iv) of SECTION 1.1(c). If the Swing Line Lender declines to make a Swing Line Loan or if Swing Line Availability is zero, Agent shall notify Lenders, promptly after receipt of a Notice of Revolving Advance and in any event prior to 1:00 p.m. (New York time) on the date such Notice of Revolving Advance is received, by telecopy, telephone or other similar form of transmission. Each Lender shall make the amount of such Lender's Pro Rata Share of such Revolving Credit Advance available to Agent in same day funds by wire transfer to Agent's account as set forth in ANNEX H not later than 3:00 p.m. (New York time) on the requested funding date, in the case of an Index Rate Loan and not later than 11:00 a.m. (New York time) on the requested funding date in the case of a LIBOR Loan. After receipt of such wire transfers (or, in the Agent's sole discretion, before receipt of such wire transfers), subject to the terms hereof, Agent shall make the requested Revolving Credit Advance to Borrower. All payments by each Lender shall be made without setoff, counterclaim or deduction of any kind.

  • Restricted Actions (a) Subject to Section 4.04, during the period beginning on the Distribution Date and ending on, and including, the last day of the two-year period following the Distribution Date (the “Restricted Period”), SpinCo shall not (and shall not cause or permit any member of the SpinCo Group to), in a single transaction or a series of transactions:

  • Prohibited Actions The Company agrees that it will not take any action which would entitle the Warrantholder to an adjustment of the Exercise Price if the total number of shares of Common Stock issuable after such action upon exercise of this Warrant, together with all shares of Common Stock then outstanding and all shares of Common Stock then issuable upon the exercise of all outstanding options, warrants, conversion and other rights, would exceed the total number of shares of Common Stock then authorized by its Charter.

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