Dispute Resolution Provision Sample Clauses

Dispute Resolution Provision. This paragraph, including the subparagraphs below, is referred to as the “Dispute Resolution Provision.” This Dispute Resolution Provision is a material inducement for the parties entering into this agreement. (a) This Dispute Resolution Provision concerns the resolution of any controversies or claims between the parties, whether arising in contract, tort or by statute, including but not limited to controversies or claims that arise out of or relate to: (i) this agreement (including any renewals, extensions or modifications); or (ii) any document related to this agreement (collectively a "Claim"). For the purposes of this Dispute Resolution Provision only, the term “parties” shall include any parent corporation, subsidiary or affiliate of the Bank involved in the servicing, management or administration of any obligation described or evidenced by this agreement. (b) At the request of any party to this agreement, any Claim shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 9, U.S. Code) (the "Act"). The Act will apply even though this agreement provides that it is governed by the law of a specified state. (c) Arbitration proceedings will be determined in accordance with the Act, the then-current rules and procedures for the arbitration of financial services disputes of the American Arbitration Association or any successor thereof ("AAA"), and the terms of this Dispute Resolution Provision. In the event of any inconsistency, the terms of this Dispute Resolution Provision shall control. If AAA is unwilling or unable to (i) serve as the provider of arbitration or (ii) enforce any provision of this arbitration clause, the Bank may designate another arbitration organization with similar procedures to serve as the provider of arbitration. (d) The arbitration shall be administered by AAA and conducted, unless otherwise required by law, in any U.S. state where real or tangible personal property collateral for this credit is located or if there is no such collateral, in the state specified in the governing law section of this agreement. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars ($5,000,000), upon the request of any party, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within ...

Dispute Resolution Provision. This Dispute Resolution Provision contains a jury waiver and a judicial reference agreement. READ

Dispute Resolution Provision. This Dispute Resolution Provision contains a jury waiver, a class action waiver, and an arbitration agreement (or judicial reference agreement, as applicable), set out in four Sections. READ IT CAREFULLY. No portion of this Dispute Resolution section shall be interpreted or applied in a manner prohibited by governing law, but all other portions shall remain in effect. Without limitation, no portion of this Dispute Resolution section shall require arbitration or other non-judicial procedure to resolve any controversy or settle any claim arising out of any consumer credit transaction that is secured by a dwelling (including a home equity line of credit secured by the consumer’s principal dwelling). The jury waiver, class action waiver, and arbitration agreement in this Dispute Resolution provision do not apply to you if, as of the date of this agreement, you are a member of the Armed Forces or a dependent of such member entitled to protection under the Federal Military Lending Act. SECTION 1: GENERAL PROVISIONS GOVERNING ALL DISPUTES.

Dispute Resolution Provision. This Dispute Resolution Provision contains a jury waiver, a class action waiver, and an arbitration clause (or judicial reference agreement, as applicable), set out in four Sections. READ IT CAREFULLY. SECTION 1: GENERAL PROVISIONS GOVERNING ALL DISPUTES. 1.1 PRIOR DISPUTE RESOLUTION AGREEMENTS SUPERSEDED. This Dispute Resolution Provision shall supersede and replace any prior “Jury Waiver,” “Judicial Reference,” “Class Action Waiver,” “Arbitration,” “Dispute Resolution,” or similar alternative dispute agreement or provision between or among the parties.

Dispute Resolution Provision. This Dispute Resolution Provision contains a jury waiver and a judicial reference agreement. READ IT CAREFULLY. 26.1 GENERAL PROVISIONS GOVERNING ALL DISPUTES. 26.1.1 PRIOR DISPUTE RESOLUTION AGREEMENTS SUPERSEDED. This Dispute Resolution Provision shall supersede and replace any prior “Jury Waiver,” “Judicial Reference,” “Class Action Waiver,” “Arbitration,” “Dispute Resolution,” or similar alternative dispute agreement or provision between or among the parties relating to this Agreement or the subject matter hereof.

Dispute Resolution Provision. This paragraph, including the subparagraphs below, is referred to as the “Dispute Resolution Provision.” The Bank and the Borrower (and any other party to this Agreement) agree that this Dispute Resolution Provision is a material inducement for their entering into this Agreement.

Dispute Resolution Provision. This Section contains a jury waiver and a class action waiver. This Section should be carefully read.

Dispute Resolution Provision. Any dispute or controversy arising out of this Contract or the Employee's employment or the termination thereof, including, but not limited to, any claim of discrimination under state or federal law, shall be settled exclusively by arbitration in Tacoma, WA in accordance with the rules of the American Arbitration Association then in effect; provided, however, that in the event of a claimed violation of the Confidential Information obligations specified in this Contract, the Corporation or the Employee may seek injunctive relief in order to prevent irreparable harm or preserve the status quo. Judgment may be entered on the arbitrator's award in any court having jurisdiction and attorney fees will be awarded to the prevailing party. EXHIBIT A JOB DESCRIPTION Title: Vice President of Sales Reports: President/COO Status: Exempt Job Family: Employee Management Summary ------- Directs and manages the (General Domestic Accounts Ref Section Notes) activities ----------------- of the U.S. Field sales force know as Account Executives, supporting staff such as Branch and Regional Managers along with administrative related to General Domestics Sales of the SMB, markets. Monitors profitability of the department and implements processes and programs to facilitate the sales activity required for the company to reach the agreed on sales goals. Participates on the Executive Management Team, providing relative department status and input for development of company strategies.

Dispute Resolution Provision. This Dispute Resolution Provision contains a jury waiver, a class action waiver, and an arbitration clause (or judicial reference agreement, as applicable), set out in four Sections. READ IT CAREFULLY. This dispute resolution provision shall supersede and replace any prior "Jury Waiver," "Judicial Reference," "Class Action Waiver," "Arbitration," "Dispute Resolution," or similar alternative dispute agreement or provision between or among the parties. Notwithstanding anything to the contrary herein, the parties acknowledge and agree that the Dispute Resolution Provision contained herein is not enforceable at any time that the SBA is the holder of the Promissory Note which evidences the Loan.

Dispute Resolution Provision. This Dispute Resolution Provision contains a jury waiver, a class action waiver, and an arbitration agreement (or judicial reference agreement, as applicable), set out in four Sections. READ IT CAREFULLY. No portion of this Dispute Resolution section shall be interpreted or applied in a manner prohibited by governing law, but all other portions shall remain in effect. Without limitation, no portion of this Dispute Resolution section shall require arbitration or other non-judicial procedure to resolve any controversy or settle any claim arising out of any consumer credit transaction that is secured by a dwelling (including a home equity line of credit secured by the consumer’s principal dwelling). SECTION 1: GENERAL PROVISIONS GOVERNING ALL DISPUTES. 25.1.1 PRIOR DISPUTE RESOLUTION AGREEMENTS SUPERSEDED. This Dispute Resolution Provision shall supersede and replace any prior “Jury Waiver,” “Class Action Waiver,” “Arbitration,” “Judicial Reference,” “Dispute Resolution,” or similar alternative dispute agreement or provision between or among the parties.