Dispute Resolution; Binding Arbitration. This Service License shall be construed in accordance with the laws of the United States of America and the State of California, without regard to its conflicts of laws principles. Exclud- ing Company’s enforcement rights with respect to any outstanding payments due or owing, any and all disputes between the Parties arising from or related to this Agreement shall be heard and determined by binding arbitration in California in accordance herein. YOU 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 AC- TION WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING FROM OR IN CONNEC- TION WITH THIS SERVICE LICENSE OR THE SUBJECT MATTER HEREIN. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAIL- ABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTH- ERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATU- TORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY ARISING FROM OR RELAT- ING IN ANY WAY TO THIS SERVICE LICENSE OR YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLU- SIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") in ac- cordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and en- forcement of this section. 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 oth- erwise 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. You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTI- TLED 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 consolida...
Dispute Resolution; Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: xxx.xxx.xxx. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Suffolk, Massachusetts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Suffolk, Massachusetts, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or...
Dispute Resolution; Binding Arbitration. Except for disputes relating to breaches of Sections 10.1 through 10.3, all disputes shall be resolved under the following provisions of this Agreement. This Agreement shall be construed to be in accordance with any and all federal and state statutes, including Medicare, Medicaid and all federal and state rules, regulations, principles and interpretations applicable to the Company and the Members, and the relationships among them. It is the intent of this Section to set forth a procedure so that if certain legal developments occur, a dispute arises, or certain circumstances arise in which the Board of Managers should become internally deadlocked (including due to the withholding of Supermajority Approval), a procedure will be in place that will bring the terms of this Agreement back into legal compliance and/or resolve a Board deadlock while preserving, to the extent possible, the economic and governance relationships set forth here. In the event there is any dispute among the parties or there is any legal development, including without limitation, a change in (or the interpretation of) Medicare, Medicaid or other federal or state statutes, rules, regulations, principles or interpretations, that renders any of the material terms of this Agreement unlawful or unenforceable (including any services rendered or compensation to be paid hereunder), or a definitive judicial or State of Michigan interpretation of Michigan law that substantially affects the business, governance, or economics of the Company in an adverse manner (collectively a “Negative Legal Development”), or any circumstance in which the Board itself is deadlocked in its decision making hereunder and cannot take action (a “Deadlock Event”), any class of Members with voting rights that is affected by such Negative Legal Development or such Deadlock Event shall have the immediate right upon notice to the other Members (the “Notice”) to initiate the renegotiation of the affected term or terms of this Agreement, so as to remedy the impacts of the Negative Legal Development or to seek resolution of the Deadlock Event, each in a manner that substantially maintains the then existing economic and governance relationships of the Members, if it is legal to accomplish the change while maintaining substantially such economic and governance relationship. If the Parties are not able to renegotiate the affected terms of the Agreement or resolve the Deadlock Event or dispute on a mutually satisfactory basis withi...
Dispute Resolution; Binding Arbitration. I/We hereby agree that any dispute arising out of this Agreement or directly related to the quality of services provided by FCM or any of its personnel will be decided only through arbitration by Judicial Arbitration and Mediation Services (JAMS) under the JAMS Streamlined Arbitration Rules and Procedures. I/We further agree that any binding arbitration proceeding shall be conducted in Baltimore County, Maryland, the location of FCM’s headquarters, and agree that any arbitration proceeding shall be conducted in accordance with the laws of Maryland, including, but not limited to standard of care issues, causation issues, damage issues, qualification of experts and rules of evidence. I/We further agree that the decision of the arbitrator(s) shall be binding and final and shall be enforced in any court of competent jurisdiction. Any arbitration costs shall be borne equally between FCM and us. In any action or proceeding brought to enforce or interpret any of the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other reasonable costs expended in such an action or proceeding. If, notwithstanding the parties’ agreement to arbitrate, any dispute becomes subject to a judicial proceeding, the parties agree to waive trial by jury.
Dispute Resolution; Binding Arbitration. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Beezy and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. No Representative Actions. You and Beezy agree that any dispute arising out of or related to this Agreement or the Beezy App is personal to you and Beezy and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Dispute Resolution; Binding Arbitration. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with New Seasons Market and limits the manner in which you can seek relief from us.
Dispute Resolution; Binding Arbitration. The parties will attempt in good faith to promptly resolve any dispute arising out of or relating to this Agreement or any Related Agreement. In the event resolution cannot be reached, the disputing party shall give the other party written notice of the dispute. If the parties still fail to resolve the dispute within thirty (30) days of receiving such written notice, either party may seek arbitration. Except for proceedings requesting equitable remedies, all disputes shall be finally settled by binding arbitration in Cincinnati, Ohio by a single, mutually agreeable arbitrator, who is knowledgeable in the information technology field pursuant to rules and procedures of the JAMS then in effect when the claim is filed. The parties agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. The arbitrator’s decision and award will be final and binding. The arbitrator may, as a part of the arbitration award, permit the substantially prevailing party to recover all or part of its legal fees and other out-of-pocket costs incurred in connection with such arbitration. An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class-wide, or representative basis. All administrative fees and expenses of arbitration will be divided equally between Customer and Company, and each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Dispute Resolution; Binding Arbitration. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FIRSTPROMOTER AND LIMITS THE HOW YOU CAN SEEK RELIEF FROM US UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
Dispute Resolution; Binding Arbitration. (a) Each Partner shall appoint a representative who shall be responsible for administering this Agreement on behalf of such Partner and for representing the Partner's interests in any dispute, controversy or disputed claim arising under, in connection with, or relating to, this Agreement, including any amendment, purported amendment or termination, or any breach or violation of this Agreement (each, a "Dispute"). Any Dispute between the Partners relating to this Agreement that is not resolved between the Partners' representatives shall be referred to the senior management of the Partners for resolution. Such referral shall occur by written notice from any Partner's representative to the senior management of all Partners (the "Referral Notice") and "senior management" for purposes of the Referral Notice shall mean the respective officers of the Partners specified in Section 14.2 for receipt of Notices. The date that the Referral Notice is deemed given and received in accordance with Section 14.2 shall be the "Referral Date". The senior management of the Partners shall then use all reasonable efforts to attempt to resolve the Dispute within 30 days after the Referral Date. If the senior management of the Partners are unable to (or for any reason do not) resolve the Dispute within such 30 day period, any Partner shall have the right immediately thereafter to seek resolution of the Dispute by binding arbitration in accordance with this Section 14.5.
(b) Any Dispute shall be finally settled and determined under and pursuant to the applicable commercial arbitration rules and procedures of the American Arbitration Association ("AAA"). The arbitration shall be held at Wilmington, Delaware. The arbitration shall be conducted by three arbitrators selected by AAA who shall have no affiliation or relationship with any Partner or their counsel and, if deemed feasible by the AAA, shall have training or experience in the subject matter of the Dispute. If all Partners agree, the arbitration shall follow expedited procedures; otherwise, the arbitration shall follow non-expedited procedures. The arbitrators shall have the authority to make interim decisions and to grant injunctive relief, specific performance, and similar relief pending final award or decision. Any award or decision rendered by the arbitrators shall be final and binding on each of the Partners and their respective successors and assigns. Such award or decision shall be in writing signed by the arbitrators a...
Dispute Resolution; Binding Arbitration. 19.3.1 All disputes arising under or in connection with this Agreement or among the Members, shall be submitted to a mutually agreeable arbitrator, or if the parties are unable to agree on an arbitrator within fifteen (15) days after a written demand for arbitration is made by either party, to JAMS/Endispute (“JAMS”) or successor organization, for binding arbitration in Los Angeles County by a single arbitrator who shall be a former California Superior Court judge. Except as may be otherwise provided herein, the arbitration shall be conducted under the California Arbitration Act, Code of Civil Procedure 1280 et seq. The parties shall have the discovery rights provided in Code of Civil Procedure 1283.05 and 1283.
1. The arbitration hearing shall be commenced within ninety (90) days after the selection of an arbitrator by mutual agreement or, absent such mutual agreement, the filing of the application with JAMS by either party hereto, and a decision shall be rendered by the arbitrator within thirty (30) days after the conclusion of the hearing. The arbitrator shall have complete authority to render any and all relief, legal and equitable, appropriate under California law, including the award of punitive damages where legally available and warranted. The arbitrator shall award costs of the proceeding, including reasonable attorneys’ fees and the arbitrator’s fee and costs, to the party determined to have substantially prevailed. Judgment can be entered in a court of competent jurisdiction.
