Dispute Resolution; Jury Waiver. Except as may be prohibited by applicable law, you and we both hereby waive any rights to have a jury hear or decide any dispute between us, and hereby agree that the dispute resolution provisions found in your Deposit Account Agreement (as amended from time to time) shall also govern the resolution of any disputes between us that arise under or in connection with this Agreement, the Zelle and Other Payment Services, or any Zelle transaction. The dispute resolution provisions of the Deposit Account Agreement are hereby incorporated into this Agreement.
Dispute Resolution; Jury Waiver. All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be Chicago, Illinois. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).
Dispute Resolution; Jury Waiver. (a) Each party to this Agreement hereby voluntarily, irrevocably and unconditionally waives any right to have a jury participate in resolving any dispute, whether sounding in contract, tort or otherwise, arising out of, in connection with, related to, or incidental to this Agreement or the transactions related hereto. This provision is a material inducement to both the Senior Lender and the Subordinated Lenders to enter into this Agreement.
Dispute Resolution; Jury Waiver. (a) BCNEPA, Highmark and Highmark Health each hereby irrevocably agrees that any legal action or proceeding with respect to this Agreement or for recognition and enforcement of any judgment in respect hereof brought by the other or its successors or assigns must be brought and determined exclusively in any federal or state court of competent jurisdiction located in the Commonwealth of Pennsylvania.
Dispute Resolution; Jury Waiver. Any dispute arising out of or related hereto, which cannot be resolved amicably among the Parties after good faith efforts of not less than sixty (60) days, shall be exclusively resolved by the courts of Charleston County, South Carolina, and the Parties irrevocably submit to the exclusive jurisdiction of such courts for purposes thereof, and waive all objections to the laying of venue therein. Each Party shall be responsible for its own attorney’s fees and costs in respect of any dispute related to this Agreement, including the costs of any investigations and appeals. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY DISPUTE, AND AGREES THAT SUCH WAIVER IS A MATERIAL INDUCEMENT FOR EACH PARTY TO ENTER INTO THIS AGREEMENT AND TO PERFORM THEREUNDER.
Dispute Resolution; Jury Waiver. Any dispute arising out of or related hereto, which cannot be resolved amicably among the Parties after good faith efforts of not less than sixty (60) days, shall be exclusively resolved by the courts of Coconino County, Arizona, and the Parties irrevocably submit to the exclusive jurisdiction of such courts for purposes thereof, and waive all objections to the laying of venue therein. Each Party shall be responsible for its own attorney’s fees and costs in respect of any dispute related to this Agreement, including the costs of any investigations and appeals. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY DISPUTE, AND AGREES THAT SUCH WAIVER IS A MATERIAL INDUCEMENT FOR EACH PARTY TO ENTER INTO THIS AGREEMENT AND TO PERFORM THEREUNDER.
