Delegation Clause Clause Samples
Delegation Clause. Notwithstanding anything to the contrary herein or in any other agreement, if in the Principal Paying Agent’s opinion, acting reasonably, it deems it appropriate to delegate any of its roles, duties or obligations created hereunder or under any other agreement (or any part thereof) to a third party, the Issuer hereby acknowledges the potential for, and acquiesces to, such delegation. The Principal Paying Agent acknowledges that, in the absence of any contractual right of action between the Issuer and the person to whom such delegation is made, the Principal Paying Agent shall be liable for any acts or omissions committed by such person, to the same extent as it would have been liable hereunder had it performed such acts or omissions itself.
Delegation Clause. Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any Claim that all or any part of this Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to Paragraphs 1(b) (Class Action Waiver) and 1(e) (individual claims under the Private Attorneys General Act), as applicable, of this Agreement, and the applicability of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.
Delegation Clause. An addition of delegation clause would mean that the chosen arbitrator would not only decide the issue of merits but also the issue of arbitrability.57 Including such a clause would ensure that the decision on whether the dispute is arbitrable or not, can be decided by the tribunal itself. If such a clause is not included, the arbitrability could be challenged in the courts, consequently incurring litigation costs for the platform and the gig workers both.