DISPUTE RESOLUTION AND MANDATORY ARBITRATION Sample Clauses

DISPUTE RESOLUTION AND MANDATORY ARBITRATION. All terms, provisions and agreements set forth in the Arbitration Policy (except to the extent expressly modified herein) are hereby incorporated herein by reference with the same force and effect as though fully set forth herein.
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DISPUTE RESOLUTION AND MANDATORY ARBITRATION. THIS SECTION INCLUDES AN AGREEMENT FOR MANDATORY ARBITRATION, WHICH MEANS THAT YOU (AS DEFINED IN THIS AGREEMENT) AND COMPANY AGREE TO SUMIT ANY DISPUTE RELATING TO OR ARISING OUT OF THIS AGREEMENT, THE PRIVACY POLICY, OR IN ANY WAY RELATED TO THE SYSTEM OR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THIS SECTION 13.2 ALSO INCLUDES A MANDATORY CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
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DISPUTE RESOLUTION AND MANDATORY ARBITRATION. Any dispute arising out of or in connection with the establishment, performance, or termination of your Agreement shall be first escalated internally to a Wheels Up executive that has authority to resolve such dispute. If the dispute cannot be resolved, it shall be settled by binding arbitration before a panel of one (1) arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction. The location of arbitration shall be in New York, New York. No class arbitration shall be permissible. In the event you fail to pay any sums due to Wheels Up hereunder at the time such sums are due to be paid, Wheels Up shall be entitled to recover all reasonable attorneys’ fees and costs from you related to or arising out of any efforts to collect such sums from you, including any legal proceedings or arbitration that is commenced to collect such sums.
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DISPUTE RESOLUTION AND MANDATORY ARBITRATION. If a dispute arises under this Agreement, the parties shall meet within 30 days after notice of such dispute is given to attempt to resolve the matter in good faith. Thereafter, the parties agree to arbitrate any dispute arising out of this Agreement. Any such dispute shall be finally resolved by arbitration in accordance with the International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “Rules”) by a sole arbitrator appointed by agreement of the Contractor and Subcontractor within thirty (30) days of the date of the Notice of the Demand or, upon failure of the Contractor and Subcontractor to reach agreement on such appointment, appointed by CPR in accordance with the Rules on failure to appoint an arbitrator. No arbitration between the parties may proceed on a class basis or be consolidated with any other arbitration without the written consent of all parties. If the prohibition on class arbitrations set forth above is deemed unenforceable, then neither party shall be required to arbitrate. Any award shall be accompanied by a written opinion of the arbitrator giving the reasons for the award and shall be binding upon the parties with no right of appeal. If for any reason the provisions of this Agreement requiring arbitration are declared unenforceable, void, or voidable, or if any action or judicial proceeding is permitted, each party waives any right it may have to trial by jury.
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DISPUTE RESOLUTION AND MANDATORY ARBITRATION. Should a dispute arise under or relate to this Agreement the Parties shall meet within 30 days after Legal Notice of such dispute is given to attempt to resolve the matter in good faith. Thereafter, the Parties agree to arbitrate any dispute arising out of this Agreement. The Federal Arbitration Act, 9 USC §§1-16, as amended, shall govern the interpretation and enforcement of this provision. The arbitration shall be held before an independent arbitrator pursuant to the Wireless Industry Arbitration (“WIA”) rules in effect at the time of the dispute, as modified by this Agreement and administered by the American Arbitration Association (“AAA”). In the event of any conflict, the WIA rules shall govern. No arbitration between the Parties may proceed on a class basis or be consolidated with any other arbitration without the written consent of all Parties. If the prohibition on class arbitrations set forth above is deemed unenforceable, then neither Party shall be required to arbitrate. Any award shall be accompanied by a written opinion of the arbitrator giving the reasons for the award and shall be binding upon the Parties with no right of appeal. If for any reason the provisions of this Agreement requiring arbitration are declared unenforceable, void, or voidable, or if any action or judicial proceeding is permitted, each Party waives any right it may have to trial by jury. Notwithstanding the above, either Party may seek preliminary and final injunctive relief in the event of the unauthorized disclosure of such Party’s Confidential Information or intellectual property infringement. Customer and any Authorized Third Party shall comply with all federal, state and local laws, treaties, rules, regulations and ordinances applicable to the Customer Product or Service, including (i) all Federal Communications Commission rules and regulations, (ii) all privacy and security requirements, including those, if applicable, pertaining to medical devices or location-based services, and (iii) all consumer protection rules and regulations. Without limiting the scope of the foregoing, Customer and any Authorized Third Party agree as follows: • it shall comply with Department of Treasury’s Office of Foreign Assets Control (OFAC) regulations to not provide the Wireless Service to any individual or entity appearing on the OFAC Specially Designated Nationals (SDN) list or that is the subject of an embargo or sanction; • all functionality provided by Customer does and will comply...
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DISPUTE RESOLUTION AND MANDATORY ARBITRATION 
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Related to DISPUTE RESOLUTION AND MANDATORY ARBITRATION

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed: 21.1.1 Initially the Employee shall discuss any grievance, dispute or claim with their immediate supervisor; 21.1.2 If the matter is not resolved at such a meeting, the Parties may hold further discussions with appropriate senior levels of management; 21.1.3 If the matter cannot be resolved at the workplace level, the Parties agree to refer the matter to Enterprise Initiatives Pty Ltd who will engage a third party mediator to mediate the dispute. Any such mediator will conduct the mediation in accordance with the provisions of Part 13, Division 6 of the Act. 21.2 To the extent that the dispute concerns Employee entitlements or Employer obligations under the Agreement the Employer will ask for the Employee's agreement to seek advice from EI Legal Pty Ltd. 21.3 This dispute resolution procedure does not apply to Employees where the Employer has given notice and reasons for termination according to clause 5 of the Agreement. 21.4 Where the Parties agree to pursue mediation the Parties:- 21.4.1 Will participate in the mediation process in good faith; 21.4.2 Acknowledge the right of other to appoint in writing, another person to act on their behalf in relation to the mediation process; 21.4.3 Agree not to commence any action against the other; and 21.4.4 Agree that during the time when the Parties attempt to resolve the matter: i) the Parties continue to work in accordance with the contract of employment unless the Employee has a reasonable concern about an imminent risk to his or her health or safety; and ii) subject to relevant provisions of any state or territory occupational safety law, even if the Employee has a reasonable concern about an imminent risk to his or her health or safety, the Employee must not unreasonably fail to comply with a direction by his or her Employer to perform other available work, whether at the same workplace or another workplace, that is safe and appropriate for the Employee to perform; and iii) the Parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible.

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