Common use of Dispute Resolution Provisions Clause in Contracts

Dispute Resolution Provisions. This XXXX shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Services, Software, Modlet, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and mailing to ThinkEco an Initial Dispute Notice to ThinkEco. ThinkEco may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If ThinkEco provides you with a Final Settlement Offer and you do not accept it, or if ThinkEco cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than ThinkEco’s Final Settlement Offer, then ThinkEco will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, ThinkEco will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although ThinkEco may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, ThinkEco will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against ThinkEco and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that ThinkEco incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.

Dispute Resolution Provisions. This XXXX shall be treated as though it were executed and performed in New YorkThe Arbitrating Parties hereby agree that, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Services, Software, Modlet, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and mailing to ThinkEco an Initial Dispute Notice to ThinkEco. ThinkEco may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If ThinkEco provides you with a Final Settlement Offer and you do not accept it, or if ThinkEco cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than ThinkEco’s Final Settlement Offer, then ThinkEco will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, ThinkEco will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although ThinkEco may have a right to an award obtain prompt and expeditious resolution of attorneys’ fees and expenses if we prevail in arbitrationany disputes under this Agreement, ThinkEco will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against ThinkEco and/or its employeesof whatever nature, officersarising out of, directorsin connection with, membersor in relation to this Agreement or the breach, representatives and/or assigns. You agree termination or validity thereof, including any claim based on contract, tort or statute or the arbitrability of any claim hereunder or any determination of compensation, costs, fees and expenses (an “Arbitrable Claim”), shall be finally settled by binding arbitration conducted in accordance with the then-prevailing Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (the “AAA”) as modified herein (except for the right of either party to the entry apply to a court of injunctive competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to stop such a lawsuit preserve the status quo or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that ThinkEco incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration prevent irreparable harm as provided above; ). The place of arbitration shall be New York City, New York. There shall be one arbitrator mutually agreed to by the parties who shall be a retired federal judge or magistrate with experience in disputes relating to large, commercial transactions involving software licenses. Each Arbitrating Party hereto expressly consents to, and (b) is waives any future objection to, such forum and arbitration rules. Judgment upon any award may be entered by any state or Federal court having jurisdiction thereof. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, shall govern the interpretation, validity and effect of this arbitration agreement and any arbitration proceedings, decisions or awards rendered hereunder. Any award rendered hereunder shall include a statement regarding the reasons for the award. In rendering any award hereunder, the arbitrators shall apply the substantive law of the State of New York, without regard to the conflicts of law provisions thereof. Adherence to this dispute resolution process shall not limit the right of the Arbitrating Parties hereto, consistent with the “Enforcement” provisions above, to seek interim relief, including temporary restraining orders and preliminary injunctions, in aid of arbitration of to protect the rights of either Arbitrating Party pending the establishment of the arbitral tribunal. The arbitration proceeding conducted pursuant to this agreement shall be confidential. Neither Arbitrating Party shall disclose or permit the disclosure of any information about the evidence adduced or the documents produced by the other Arbitrating Party in the arbitration proceeding or about existence, contents or result of the arbitration award without the prior written consent of such other Arbitrating Party, except as required in the course of a judicial, regulatory or arbitration proceeding or filling as may be requested or required by a governmental authority or as required for the enforcement of an independent agreementarbitral award. Before making any disclosure permitted by the preceding sentence, the Arbitrating Party intending to make such disclosure shall give the other Arbitrating Party reasonable written notice of the intended disclosure and afford the other Arbitrating Party a reasonable opportunity to protect its interests.

Dispute Resolution Provisions. This XXXX Any action arising out of or relating to this Agreement shall be treated resolved as though it were executed and performed in New York, New York and follows: (a) Such action shall be governed settled by and construed binding arbitration in Houston, Texas in accordance with the laws then current commercial arbitration rules and mediation procedures and the optional appellate arbitration rules of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning American Arbitration Association and judgment upon the Services, Software, Modlet, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and mailing to ThinkEco an Initial Dispute Notice to ThinkEco. ThinkEco may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If ThinkEco provides you with a Final Settlement Offer and you do not accept it, or if ThinkEco cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than ThinkEco’s Final Settlement Offer, then ThinkEco will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, ThinkEco will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent having jurisdiction. Nothing contained herein The arbitrator shall have the authority to grant any equitable and legal remedies that would be construed available in any judicial proceeding subject to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or limits set forth herein. (b) pursuing Such arbitration shall be conducted by a single, independent arbitrator or, if the matter parties are unable to agree on such arbitrator, each party shall appoint a single, independent arbitrator who must collectively agree on a third party, independent arbitrator to serve as arbitrator hereunder. For clarity, the arbitrator can be either judicial or non-judicial, depending on the nature of the dispute (i.e., if the dispute is technical in small claims court rather than arbitration. Although ThinkEco nature, the Parties may elect to agree upon an arbitrator who possesses a relevant technical background). (c) The arbitrator may rule upon motions to compel or limit discovery and shall have a right the authority to an award of impose sanctions for discovery abuses, including reasonable and documented attorneys’ fees and expenses if we prevail costs, to the extent and upon the grounds available for such in arbitration, ThinkEco will not seek such an award from you unless the United States District Courts for the district in which the arbitration is taking place. (d) The decision of the arbitrator determines that your claim was frivolous. To (the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit “Award”) as to any claimaction (including the validity and amount of any action) shall be final, dispute binding, and conclusive upon the Parties. such award shall be written and shall be supported by written findings of facts and conclusions. Any payment required by the award shall be made within seven (7) days of issuance of an award. (e) The Parties to the arbitration may apply to a court of competent jurisdiction for a temporary restraining order, preliminary injunction or controversy that you may have against ThinkEco and/or its employeesother interim or conservatory relief, officersas necessary, directorswithout breach of this arbitration provision and without abridgment of the powers of the arbitrator. (f) The Parties agree, members, representatives and/or assigns. You and agree to direct the entry arbitrator, that the arbitration will be kept confidential and that the existence of injunctive relief the proceeding and any proceedings therein, including without limitation any pleadings, briefs or other documents, any testimony or other oral submissions and any award, will not be disclosed beyond the arbitrator or arbitration tribunal, the Parties, their counsel and any party (including witnesses, if any) involved in the conduct of the proceeding, except (i) in any legal proceeding concerning the arbitration, including without limitation any proceeding to stop such a lawsuit compel or to remove you stay arbitration or otherwise in aid of arbitration, to vacate, modify or confirm an award, or to enforce an award or any judgment based upon an award, (ii) to the tax, legal, financial or other professional advisors of such party who are obligated to keep such information confidential, or (iii) as a participant in the suit. You agree to pay the may be required by law. (g) Borrower shall be responsible for all costs and expenses (including legal expenses and reasonable and documented attorney’s fees and court costs that ThinkEco incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (afees) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreementsuch arbitration.

Dispute Resolution Provisions. This XXXX shall be treated as though it were executed and performed in New YorkThe Arbitrating Parties hereby agree that, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Services, Software, Modlet, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and mailing to ThinkEco an Initial Dispute Notice to ThinkEco. ThinkEco may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If ThinkEco provides you with a Final Settlement Offer and you do not accept it, or if ThinkEco cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than ThinkEco’s Final Settlement Offer, then ThinkEco will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, ThinkEco will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although ThinkEco may have a right to an award obtain prompt and expeditious resolution of attorneys’ fees and expenses if we prevail in arbitrationany disputes under this Agreement, ThinkEco will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against ThinkEco and/or its employeesof whatever nature, officersarising out of, directorsin connection with, membersor in relation to this Agreement or the breach, representatives and/or assigns. You agree termination or validity thereof, including any claim based on contract, tort or statute or the arbitrability of any claim hereunder or any determination of compensation, costs, fees and expenses (an “Arbitrable Claim”), shall be finally settled by binding arbitration conducted in accordance with the then-prevailing Commercial Arbitration Rules (the “Rules”) of the American Arbitration Association (the “AAA”) as modified herein (except for the right of either party to the entry apply to a court of injunctive competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to stop such a lawsuit preserve the status quo or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that ThinkEco incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration prevent irreparable harm as provided above; ). The place of arbitration shall be Chicago, Illinois. There shall be one arbitrator mutually agreed to by the parties who shall be a retired federal judge or magistrate with experience in disputes relating to large, commercial transactions involving software licenses. Each Arbitrating Party hereto expressly consents to, and (b) is waives any future objection to, such forum and arbitration rules. Judgment upon any award may be entered by any state or Federal court having jurisdiction thereof. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, shall govern the interpretation, validity and effect of this arbitration agreement and any arbitration proceedings, decisions or awards rendered hereunder. Any award rendered hereunder shall include a statement regarding the reasons for the award. In rendering any award hereunder, the arbitrators shall apply the substantive law of the State of Illinois, without regard to the conflicts of law provisions thereof. Adherence to this dispute resolution process shall not limit the right of the Arbitrating Parties hereto, consistent with the “Enforcement” provisions above, to seek interim relief, including temporary restraining orders and preliminary injunctions, in aid of arbitration or to protect the rights of either Arbitrating Party pending the establishment of the arbitral tribunal. The arbitration proceedings conducted pursuant to this agreement shall be confidential. Neither Arbitrating Party shall disclose or permit the disclosure of any information about the evidence adduced or the documents produced by the other Arbitrating Party in the arbitration proceedings or about the existence, contents or results of the arbitration award without the prior written consent of such other Arbitrating Party, except as required in the course of a judicial, regulatory or arbitration proceeding, or filings as may be requested or required by a governmental authority or as required for the enforcement of an independent agreementarbitral award. Before making any disclosure permitted by the preceding sentence, the Arbitrating Party intending to make such disclosure shall give the other Arbitrating Party reasonable written notice of the intended disclosure and afford the other Arbitrating Party a reasonable opportunity to protect its interests.