Common use of Dispute Resolution and Binding Arbitration Clause in Contracts

Dispute Resolution and Binding Arbitration. As set forth in this Section, “you,” and “your” shall mean Customer and all of its Authorized Users and others Accessing the Services under or in connection with Customer’s account. In the event of a dispute, the parties agree to enter into good faith discussions which shall take place within fifteen (15) days of written notice from either party of a dispute. Either party may refer the dispute to non-binding mediation in the event that the parties have not resolved a dispute referred to them for resolution within thirty (30) days. The parties agree that they shall attempt in good faith to resolve the dispute under the fast track mediation rules of procedure of the International Institute for Conflict Prevention & Resolution (“CPR”) in effect as of the date the mediation is initiated. Unless otherwise agreed, the parties shall select a mediator from the CPR Panels of Distinguished Neutrals. If the parties cannot agree on the selection within fourteen (14) days after the matter has been referred to mediation, they will defer to the CPR to select a mediator pursuant to the CPR rules. The cost of the mediator shall be borne equally by the parties. Any dispute not resolved within thirty (30) days (or within such other time period as may be agreed by the parties in writing) after appointment of the mediator, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with the following section of this Section. You and Trinnex are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre- existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to the agreement, will be resolved exclusively and finally by binding arbitration. The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules or the Commercial Arbitration Rules and Mediation Procedures, as applicable (the “AAA Rules“), each as then in effect (the AAA Rules are available at xxxxx://xxx.xxx.xxx/Rules or by calling the AAA at 0-000-000-0000.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. There shall be one arbitrator agreed to by the parties within thirty (30) days of receipt by respondents of the request for arbitration or, if the parties cannot agree to an arbitrator, the AAA will appoint one. You agree the arbitration shall be held telephonically with written submissions, or based on written submissions, if the amount in controversy is $500,000 or below, or, for amounts in controversy in excess of $500,000, in person in Wilmington, Delaware The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. IN ANY DISPUTE, NEITHER YOU NOR TRINNEX WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any provision of this Section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforceable.

Dispute Resolution and Binding Arbitration. As set forth in this Section, “you,” and “your” shall mean Customer and all of its Authorized Users and others Accessing the Services under or in connection with Customer’s account. In the event of a dispute, the parties agree to enter into good faith discussions which shall take place within fifteen (15) days of written notice from either party of a dispute. . (i) Either party may refer the dispute to non-binding mediation in the event that the parties have not resolved a dispute referred to them for resolution within thirty (30) days. The parties agree that they shall attempt in good faith to resolve the dispute under the fast track mediation rules of procedure of the International Institute for Conflict Prevention & Resolution (“CPR”) in effect as of the date the mediation is initiated. Unless otherwise agreed, the parties shall select a mediator from the CPR Panels of Distinguished Neutrals. If the parties cannot agree on the selection within fourteen (14) days after the matter has been referred to mediation, they will defer to the CPR to select a mediator pursuant to the CPR rules. The cost of the mediator shall be borne equally by the parties. . (ii) Any dispute not resolved within thirty (30) days (or within such other time period as may be agreed by the parties in writing) after appointment of the mediator, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with the following section of this Section. . (iii) You and Trinnex are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. . (iv) Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre- pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to the agreement, will be resolved exclusively and finally by binding arbitration. . (v) The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules or the Commercial Arbitration Rules and Mediation Procedures, as applicable (the “AAA Rules“), each as then in effect (the AAA Rules are available at xxxxx://xxx.xxx.xxx/Rules or by calling the AAA at 01-000800-000-0000778- 7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. . (vi) There shall be one arbitrator agreed to by the parties within thirty (30) days of receipt by respondents of the request for arbitration or, if the parties cannot agree to an arbitrator, the AAA will appoint one. . (vii) You agree the arbitration shall be held telephonically with written submissions, or based on written submissions, if the amount in controversy is $500,000 or below, or, for amounts in controversy in excess of $500,000, in person in Wilmington, Delaware Delaware (viii) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. . (ix) IN ANY DISPUTE, NEITHER YOU NOR TRINNEX WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. . (x) Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any provision of this Section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforceable.

Dispute Resolution and Binding Arbitration. As set forth in this Section15.10.1. The parties shall attempt to settle any dispute between them amicably and agree to exercise their best efforts to resolve the controversy or dispute prior to seeking a judicial resolution. To invoke the dispute resolution process, “you,” and “your” the invoking party shall mean Customer and all give to the other party written notice of its Authorized Users decision to do so, including a description of the issues subject to the controversy or dispute and others Accessing a proposed resolution thereof. The InforMax Project Managers and the Services under AxCell Project Managers shall attempt to resolve the controversy or in connection with Customer’s accountdispute within five (5) business days after receipt of such notice. In If they cannot resolve the event of a controversy or dispute, the parties agree shall meet at InforMax's office and describe the controversy or dispute and their respective proposals for resolution to enter into their respective chief operating officers or another designated person with comparable authority who shall act in good faith discussions which shall take place within fifteen (15) days of written notice from either party of a to resolve the controversy or dispute. Either party may refer If the controversy or dispute to non-binding mediation in the event that is not resolved within ten (10) business days after such meeting, the parties have by mutual Agreement may engage an independent consultant to mediate the controversy or dispute and the charges of the independent consultant shall be shared equally by the parties. However, nothing in this clause shall preclude any party from commencing suit or arbitration if said negotiations do not resolved reach a dispute referred to them for resolution within thirty (30) daysdays after written notice that the negotiations have commenced. 15.10.2. The In the event that the parties cannot reach an amicable settlement through an informal dispute resolution process, the parties agree that they any dispute, controversy, or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof, shall attempt be finally settled by binding arbitration. Such binding arbitration shall take place in good faith to resolve the dispute location reasonably selected by the party not initiating the arbitration, and shall be administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one (1) and shall be appointed within thirty (30) days following the fast track mediation rules commencement of procedure of the International Institute for Conflict Prevention & Resolution (“CPR”) in effect as of the date the mediation is initiatedarbitration. Unless otherwise agreedIf possible, the parties shall select a mediator from arbitrator will be an expert in the CPR Panels field of Distinguished Neutralsbioinformatics and software development. If the parties cannot agree on the selection an arbitrator within fourteen (14) days after the matter has been referred to mediation, they will defer to the CPR to select a mediator pursuant to the CPR rules. The cost of the mediator shall be borne equally by the parties. Any dispute not resolved within such thirty (30) days day period, the number or arbitrators shall be increased to three (or 3), and each party will select an arbitrator within such other time period as fifteen (15) days, and those arbitrators will promptly select a third arbitrator. 15.10.3. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator(s) may be agreed by entered in any court having jurisdiction thereof. The parties expressly agree that prior to the selection of the arbitrator(s), nothing in this Agreement shall prevent the parties in writing) after appointment of the mediator, shall be finally resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with the following section of this Section. You and Trinnex are agreeing from applying to give up any rights to litigate claims in a court that would otherwise have jurisdiction for provisional or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre- existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to the agreement, will be resolved exclusively and finally by binding arbitrationinterim measures. 15.10.4. The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules or the Commercial Arbitration Rules and Mediation Procedures, as applicable (the “AAA Rules“), each as then in effect (the AAA Rules are available at xxxxx://xxx.xxx.xxx/Rules or by calling the AAA at 0-000-000-0000.) The Federal Arbitration Act will govern the interpretation and enforcement costs of this section. There shall be one arbitrator agreed to by the parties within thirty (30) days of receipt by respondents of the request for arbitration or, if the parties cannot agree to an arbitrator, the AAA will appoint one. You agree the arbitration shall be held telephonically with written submissions, or based on written submissions, if borne by the amount parties to the arbitration in controversy is $500,000 or below, or, for amounts in controversy in excess of $500,000, in person in Wilmington, Delaware The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provisionequal shares. Each party shall pay its own costs and expenses, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalidattorneys' fees. The arbitrator will arbitration shall be empowered to grant whatever relief would conducted in the English language. All submissions shall be available made in court under law English or in equitywith an English translation. Any award of the arbitrator(s) will be final and binding on each of the parties, and Witnesses may be entered as a judgment in any court of competent jurisdiction. IN ANY DISPUTE, NEITHER YOU NOR TRINNEX WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised provide testimony in a court of competent jurisdictionlanguage other than English, provided that a simultaneous English translation is provided. Except as may be required by law, neither a Each party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any provision of this Section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforceableshall bear its own translation costs.

Dispute Resolution and Binding Arbitration. As set forth It is important that You read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. 13.1 Before initiating or participating in any legal action, arbitration or other resolution proceeding concerning any aspect of this SectionAgreement or Services, “you,” You must notify Intermedia Voice in writing of such a dispute and “your” shall mean Customer and all of its Authorized Users and others Accessing the Services under or in connection with Customer’s account. In the event of a dispute, the parties agree to enter into good faith discussions which shall take place within fifteen give Intermedia Voice at least sixty (1560) days of (from the date written notice from either party of a is given) to resolve the dispute. Either party may refer the dispute to non-binding mediation in the event that the parties have not resolved a dispute referred to them for resolution within thirty (30) days. The parties agree that they shall You and Intermedia Voice will first attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. 13.2 If Your dispute is not resolved by good faith negotiations, You have the right to take any dispute under the fast track mediation rules that qualifies to small claims court rather than arbitration, or to a state or federal regulatory agency. You and Intermedia Voice agree that all of procedure Your other disputes arising out of the International Institute for Conflict Prevention & Resolution or related to this Agreement (“CPR”whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) in effect as of the date the mediation is initiatedmust be resolved by final and binding arbitration. Unless otherwise agreed, the parties shall select This includes any dispute based on any Service or matter having a mediator from the CPR Panels of Distinguished Neutrals. If the parties cannot agree on the selection within fourteen (14) days after the matter has been referred to mediation, they will defer to the CPR to select a mediator pursuant to the CPR rules. The cost of the mediator shall be borne equally by the parties. Any connection with this Agreement and any dispute not resolved within thirty (30) days (or within such other time period as may be agreed by the parties in writing) after appointment of the mediator, shall be finally resolved by a small claims court or state or federal regulatory agency. 13.3 The arbitration administered process established by this section is governed by the American Federal Arbitration Association Act (“AAA”) "FAA"), 9 U.S.C. § 1 et seq. The arbitration of any dispute will be conducted in accordance with the following section American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. In conducting the arbitration and making any award, the arbitrator will be bound by and strictly enforce the terms of this Section. You Agreement and Trinnex are agreeing to give up any rights to litigate claims in a court or before a jurymay not limit, expand, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre- existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to the agreement, will be resolved exclusively and finally by binding arbitration. The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules or the Commercial Arbitration Rules and Mediation Procedures, as applicable (the “AAA Rules“), each as then in effect (the AAA Rules are available at xxxxx://xxx.xxx.xxx/Rules or by calling the AAA at 0-000-000-0000otherwise modify its terms.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. There shall be one arbitrator agreed to by the parties within thirty (30) days of receipt by respondents of the request for arbitration or, if the parties cannot agree to an arbitrator, the AAA will appoint one. You agree the arbitration shall be held telephonically with written submissions, or based on written submissions, if the amount in controversy is $500,000 or below, or, for amounts in controversy in excess of $500,000, in person in Wilmington, Delaware 13.4 The arbitrator will have exclusive no authority to resolve award consequential, incidental, punitive, or exemplary damages barred by this Agreement, and You expressly waive Your rights to any dispute relating such damages. To the extent such damages may not be so waived, if an arbitrator decides to arbitrability and/or enforceability award such damages they will be limited to the total amount of this arbitration provisionService charges between You and Intermedia Voice. Unless applicable substantive law provides otherwise, each party pays its own expenses to participate in the arbitration, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator attorneys’ fees and expenses for witnesses and production and presentation of evidence. 13.5 Arbitrations under this Agreement will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered confidential as a judgment in any court of competent jurisdiction. permitted by federal law. 13.6 EACH DISPUTE WILL BE DECIDED ON AN INDIVIDUAL CASE BASIS AND WILL NOT BE CONSOLIDATED IN ANY DISPUTE, NEITHER ACTION WITH THE DISPUTES OR CLAIMS OF OTHER CONSUMERS OR CUSTOMERS. YOU NOR TRINNEX AGREE THAT YOU WILL BE ENTITLED TO JOIN NOT BRING ANY DISPUTE OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER ACTION OR IN AS A PRIVATE ATTORNEY GENERAL CAPACITYGENERAL, AND YOU AGREE NOT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY DISPUTE OR CLAIM RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED BY INTERMEDIA VOICE. The arbitral tribunal may not consolidate more than one person’s claimsWHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, and may not otherwise preside over THE YOU AND INTERMEDIA VOICE AGREE TO WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES UNDER THIS AGREEMENT. 13.7 If any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability portion of this class arbitration waiver and any challenge dispute resolution section is determined to the class arbitration waiver may only be raised in a court of competent jurisdiction. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any provision of this Section is found unenforceable, then the unenforceable provision remainder will be severed, given full force and the remaining arbitration terms will be enforceableeffect.