Common use of Class Arbitration Clause in Contracts

Class Arbitration. Notwithstanding anything contained in Section 14.2 to, and including, Section 14.6, if in the sole opinion of the DSO, a matter which has been or is to be referred to arbitration under the Arbitration Act under this Contract then the DSO may, by issuing a Notice of Arbitration to the Participant and the Other Participants (referred to collectively as the “Participant Class"), require that the Participant Class participate by way of a mandatory multi-party arbitration in the issues set out in the said Notice of Arbitration before one Arbitrator in one arbitral hearing whose decision(s) will bind the DSO and the Participant Class served with such notice, whether or not they participated in such arbitration, subject to the following: (a) This mandatory multiparty arbitration between DSO and the Participant Class shall be conducted in accordance with this Article 15 subject only to such changes as may be necessary to deal with the fact this is to be a multi-party arbitration or as may be directed by the Arbitrator then appointed. (b) If the matter in dispute relates to the alleged invalidity, inapplicability or unenforceability of any provision of this Contract or the disappearance or inability to calculate or determine any index, price or other quantum referred to in this Contract (each, an “Invalid Provision”), then the DSO shall, acting in good faith, propose Replacement Provision(s) to the Arbitrator, which the Arbitrator may choose to accept as a valid, applicable and enforceable replacement for the Invalid Provision(s) in question, or reject the proposed Replacement Provisions, in which case the Arbitrator shall provide the Replacement Provisions, the economic effect of which comes as close as possible to that of the Invalid Provision. (c) The terms of this Contract shall be deemed to be amended by the award of the Arbitrator from and after such date as may be determined by the Arbitrator.

Class Arbitration. (1) Notwithstanding anything contained in Section 14.2 to, and including, Section 14.6Sections 15.2 to 15.6, if in the sole opinion of the DSOOPA, a matter which has been or is to be referred to arbitration under the Arbitration Act under: (a) this Agreement; (b) under this Contract an agreement between the OPA and any other Participant under the DR3 Program; (c) under any other demand response program administered, managed or operated by the OPA; or (d) under any other agreement for demand response between the OPA and a third party, affects all Participants or any class of Participants; then the DSO OPA may, by issuing a Notice of Arbitration to the Participant such Participant(s) and the Other Participants other persons (referred to collectively as collectively, the “Participant DR Class"”), require that the Participant Class such Participant(s) participate by way of a mandatory multi-party arbitration in the issues set out in the said Notice of Arbitration before one Arbitrator in one arbitral hearing whose decision(s) will bind the DSO OPA and the Participant DR Class (including the Participant(s)) served with such notice, whether or not they participated in such arbitration, subject to the following: (a) . This mandatory multiparty arbitration between DSO OPA and the Participant DR Class (including the Participant(s)) shall be conducted in accordance with this Article Section 15 subject only to such changes as may be necessary to deal with the fact this is to be a multi-party arbitration or as may be directed by the Arbitrator then appointed. (b2) If the matter in dispute relates to the alleged invalidity, inapplicability or unenforceability of any provision of this Contract Agreement or the disappearance or inability to calculate or determine any index, price or other quantum referred to in this Contract (each, an “Invalid Provision”)Agreement, then the DSO shall, acting in good faith, propose Replacement Provision(s) to the Arbitrator, which the Arbitrator may choose to accept as shall determine a valid, applicable and enforceable replacement for the Invalid Provision(s) in question, or reject the proposed Replacement Provisions, in which case the Arbitrator shall provide the Replacement Provisionssuch provision, the economic effect of which comes as close as possible to that of the Invalid Provisioninvalid, inapplicable or unenforceable provision.‌ (3) If the matter in dispute relates to the alleged disappearance or inability to calculate or determine any index, price or other quantum referred to in this Agreement, or a material change in the basis for such index, price or other quantum, then the Arbitrator shall determine a replacement index, price or quantum that most nearly, of those then publicly available, approximates the intent and purpose of the original index, price or quantum, and this Agreement shall be amended as necessary to accommodate such replacement index, price or quantum. (c4) The terms of this Contract Agreement shall be deemed to be amended by the award of the Arbitrator from and after such date as may be determined by the Arbitrator.

Class Arbitration. Notwithstanding anything contained in Section 14.2 15.214.2 to, and including, Section 14.615.614.6, if in the sole opinion of the DSO, a matter which has been or is to be referred to arbitration under the Arbitration Act under this Contract then the DSO may, by issuing a Notice of Arbitration to the Participant and the Other Participants (referred to collectively as the “Participant Class"), require that the Participant Class participate by way of a mandatory multi-party arbitration in the issues set out in the said Notice of Arbitration before one Arbitrator in one arbitral hearing whose decision(s) will bind the DSO and the Participant Class served with such notice, whether or not they participated in such arbitration, subject to the following: (a) This mandatory multiparty arbitration between DSO and the Participant Class shall be conducted in accordance with this Article 15 subject only to such changes as may be necessary to deal with the fact this is to be a multi-party arbitration or as may be directed by the Arbitrator then appointed. (b) If the matter in dispute relates to the alleged invalidity, inapplicability or unenforceability of any provision of this Contract or the disappearance or inability to calculate or determine any index, price or other quantum referred to in this Contract (each, an “Invalid Provision”), then the DSO shall, acting in good faith, propose Replacement Provision(s) to the Arbitrator, which the Arbitrator may choose to accept as a valid, applicable and enforceable replacement for the Invalid Provision(s) in question, or reject the proposed Replacement Provisions, in which case the Arbitrator shall provide the Replacement Provisions, the economic effect of which comes as close as possible to that of the Invalid Provision. (c) The terms of this Contract shall be deemed to be amended by the award of the Arbitrator from and after such date as may be determined by the Arbitrator.