Class Waiver. To the fullest extent permitted by Law, each of the parties agrees that any dispute arising out of or in connection with this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties.
Class Waiver. YOU AND WE EACH HEREBY AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS AND EACH HEREBY WAIVES ANY RIGHT TO ASSERT OR PARTICIPATE ON A CLASS, COLLECTIVE, REPRESENTATIVE, AND/OR CONSOLIDATED BASIS. YOU AND WE EACH HEREBY AGREE: (I) THAT NO ARBITRATION PROCEEDING HEREUNDER SHALL BE CERTIFIED AS A CLASS/COLLECTIVE ACTION OR PROCEED AS A CLASS/COLLECTIVE ACTION, OR ON ANY BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OR IN THE INTEREST OF THE GENERAL PUBLIC AND/OR OTHER MEMBERS OR PERSONS SIMILARLY SITUATED, (II) THAT EACH SHALL NOT BE ENTITLED TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC, OR TO ACT AS A PRIVATE ATTORNEY GENERAL, (III) EACH SHALL NOT BE PART OF, OR BE REPRESENTED IN, ANY CLASS OR COLLECTIVE ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND (IV) THAT NO ARBITRATION PROCEEDING SHALL BE CONSOLIDATED WITH, OR JOINED IN ANY WAY WITH, ANY OTHER ARBITRATION OR OTHER PROCEEDING. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, AND/OR CONSOLIDATED BASIS. NO ARBITRATOR SHALL HAVE THE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY.
Class Waiver. Any arbitration proceeding under this Section 11 will take place on an individual basis. Class arbitrations and class or representative proceedings of any kind are not permitted and Provider expressly waives its ability to participate in a class or representative proceeding against Xtime or its Affiliates. If the arbitration clause is found inapplicable to Provider’s dispute with Xtime, this class waiver will continue to apply in litigation. Provider agrees that this class waiver is an essential element of the agreement between Provider and Xtime and that this class waiver may not be severed. In the event that this class waiver is deemed invalid or unenforceable, then the entire agreement to arbitrate in this Section 11 will be null and void.
Class Waiver. To the extent Law permits, any dispute arising out of or relating to this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding any other provision of this Agreement or the AAA Rules, disputes regarding the interpretation, applicability, or enforceability of this class waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither party is entitled to arbitration.
Class Waiver. To the maximum extent permitted by law, Employee hereby waives any right to bring on behalf of persons other than Employee, or to otherwise participate with other persons in, any class, collective, or representative action (including but not limited to any representative action under the California Private Attorneys General Act (“PAGA”), or other federal, state, or local statute or ordinance of similar effect). Employee understands, however, that to the maximum extent permitted by law Employee retains the right to bring claims in arbitration, including PAGA claims, as an individual. If a court adjudicating a case involving the Company and Employee determined that there is an unwaivable right to bring a PAGA representative action, any such representative action shall be brought only in court, and not in arbitration. Employee’s Initials
Class Waiver. Any arbitration proceeding under this Section 11 will take place on an individual basis. Class arbitrations and class or representative proceedings of any kind are not permitted, and Vendor expressly waives its ability to participate in a class or representative proceeding against DDC or its Affiliates. If the arbitration clause is found inapplicable to Vendor’s dispute with DDC, this class waiver will continue to apply in litigation or any other forum. Vendor agrees that this class waiver is an essential element of the agreement between Vendor and DDC and that this class waiver may not be severed. In the event that this class waiver is deemed invalid or unenforceable, then the entire agreement to arbitrate in this Section 11 will be null and void.
Class Waiver. Any arbitration proceeding under this Section 27 will take place on an individual basis. Class arbitrations and class or representative proceedings of any kind are not permitted and Dealer expressly waives its ability to participate in a class or representative proceeding against Shift Digital or its affiliates. If the arbitration clause is found inapplicable to Dealer’s dispute with Shift Digital, this class waiver will continue to apply in litigation. Dealer agrees that this class waiver is an essential element of the agreement between Dealer and Shift Digital and that this class waiver may not be severed. In the event that this class waiver is deemed invalid or unenforceable, then the entire agreement to arbitrate in this Section 2 will be null and void.
Class Waiver. Executive and Employer hereby waive the right to initiate a class, collective, or representative action (“Class Waiver”). Any disputes concerning the validity of the Class Waiver will be decided by a court of competent jurisdiction, not pursuant to Section 10. In the event a court determines that the Class Waiver is unenforceable with respect to any claim, the Class Waiver shall not apply to that claim, which may then only proceed in court.
Class Waiver. Any arbitration proceeding under this Section 27 will take place on an individual basis. Class arbitrations and class or representative proceedings of any kind are not permitted and Dealer expressly waives its ability to participate in a class or representative proceeding against Toyota Digital Solutions or its affiliates. If the arbitration clause is found inapplicable to Dealer’s dispute with Toyota Digital Solutions, this class waiver will continue to apply in litigation. Dealer agrees that this class waiver is an essential element of the agreement between Dealer and Toyota Digital Solutions and that this class waiver may not be severed. In the event that this class waiver is deemed invalid or unenforceable, then the entire agreement to arbitrate in this Section 27 will be null and void.
Class Waiver. Any arbitration proceeding under this Section 8 will take place on an individual basis. Class arbitrations and class or representative proceedings of any kind are not permitted, and Dealership expressly waives its ability to participate in a class or representative proceeding against Cox or its Affiliates. If the arbitration clause is found inapplicable to Dealership’s dispute with Cox, this class waiver will continue to apply in litigation. Dealership agrees that this class waiver is an essential element of the Agreement between Dealership and Cox and that this class waiver may not be severed. In the event that this class waiver is deemed invalid or unenforceable, then the entire agreement to arbitrate in this Section 8 will be null and void.
