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.
Appears in 2 contracts
Samples: Xtime Api Integration Terms and Conditions, Xtime Api Integration Terms and Conditions
Class Waiver. Any arbitration proceeding under this Section 11 12 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 12 will be null and void.
Appears in 1 contract
Class Waiver. Any arbitration proceeding under this Section 11 12 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 Dealertrack or its Affiliates. If the arbitration clause is found inapplicable to Provider’s dispute with XtimeDealertrack, 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 Dealertrack 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 12 will be null and void.
Appears in 1 contract
Samples: Dealertrack Opentrack Integration Terms and Conditions
Class Waiver. Any arbitration proceeding under this Section 11 12 will take place on an individual basis. Class arbitrations and class or representative proceedings of any kind are not permitted and Provider Customer expressly waives its ability to participate in a class or representative proceeding against Xtime Cox or its Affiliates. If the arbitration clause is found inapplicable to ProviderCustomer’s dispute with XtimeXxx, this class waiver will continue to apply in litigation. Provider Customer agrees that this class waiver is an essential element of the agreement between Provider Customer and Xtime Xxx 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 12 will be null and void.
Appears in 1 contract
Samples: Master Agreement