Common use of Class and Consolidated Action Waiver Clause in Contracts

Class and Consolidated Action Waiver. You agree that any arbitration under this Agreement will take place on an individual basis, and not as a class, collective, private attorney general, or representative action or proceeding and such class, collective, private attorney general, or representative arbitrations are not permitted, and (unless all parties otherwise agree in writing) you are agreeing to give up the ability to participate in or join claims of multiple individuals against the Bank (or the Program Manager) in a single proceeding (the “Class Action Waiver”). If a claim does not proceed in arbitration for any reason, the Class Action Waiver will remain in effect, and you shall not join or file any action or proceeding in court on a class, representative or joint basis against the Bank (or the Program Manager).

Appears in 2 contracts

Samples: Cardholder Agreement, Cardholder Agreement

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Class and Consolidated Action Waiver. You agree that any arbitration under this Agreement will take place on an individual basis, and not as a class, collective, private attorney general, or representative action or proceeding and such class, collective, private attorney general, or representative arbitrations are not permitted, and (unless all parties otherwise agree in writing) you are agreeing to give up the ability to participate in or join claims of multiple individuals against the Lead Bank (or the Program Manager) in a single proceeding (the “Class Action Waiver”). If a claim does not proceed in arbitration for any reason, the Class Action Waiver will remain in effect, and you shall not join or file any action or proceeding in court on a class, representative or joint basis against the Lead Bank (or the Program Manager).

Appears in 2 contracts

Samples: Ach Origination Agreement, Ach Origination Agreement

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