Disputes Not Subject to Arbitration. Notwithstanding the foregoing, the following disputes are not required to be arbitrated: (1) disputes that are within the jurisdiction of a small claims court (or an equivalent court). You or we may bring an action in small claims court or, if an arbitration demand has been made, instruct the arbitration administrator to close the case because the dispute should be decided by a small claims court. However, if the dispute is transferred, removed, or appealed from small claims court to a different court, you or we may elect to compel arbitration. Moreover, if you or we bring a counterclaim or cross-claim that is for more than the small claims court’s jurisdiction, the entire dispute must, if you or we choose, be resolved by arbitration; and (2) disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the Class Action Waiver), which are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of this Agreement as a whole is for the arbitrator, not a court, to decide. In addition, this Arbitration Provision does not prohibit you or us, at any time, from (1) exercising any lawful rights to preserve or obtain possession of property or self-help remedies, including but not limited to, the right to set-off or exercise a statutory lien or other lien granted by law or rule, the right to restrain funds in an account, recoupment, repossession, replevin or trustee’s sales; (2) obtaining provisional or ancillary remedies or injunctive relief (other than a stay of arbitration), including but not limited to attachment, garnishment, interpleader or the appointment of a receiver by a court of appropriate jurisdiction; or (3) bringing an individual action in court that is limited to preventing the other party from using a self-help or non-judicial remedy and that does not involve a request for damages or monetary relief of any kind.
Disputes Not Subject to Arbitration. Notwithstanding anything to the contrary set forth in this Agreement:
(a) Arbitration may not be invoked regarding matters expressed in this Agreement to be agreed upon by or determined with the consent or approval of both Parties.
(b) Arbitration may not be invoked if a Party violates the provisions of this Agreement relating to Company Intellectual Property Rights, and/or Company Trade Secrets, or Corporate Opportunity. In such event, the remedies set forth in Articles 8 or 10 hereof shall apply.
Disputes Not Subject to Arbitration. Disputes or differences of opinion raised by the Union or by an employee which involve matters other than the meaning, interpretation or application of the express provisions of this Agreement may be processed in Accordance with Section 5.2 and 5.3 below. Such disputes shall not, however, be subject to arbitration (Section 5.4).
Disputes Not Subject to Arbitration. 16.1 All disputes not subject to the provisions of clause 15 above may be referred to legal action.
16.2 The parties hereby consent, in terms of Section 45 of the Magistrate’s Court Act No. 32 of 1944 as amended, to the jurisdiction of the Magistrate’s Court having territorial jurisdiction in respect of any action instituted against the performer by DJ’s for the recovery of monies or for legal action in terms hereof. It shall nevertheless be entirely within the discretion of DJ’s as to whether to proceed against the performer in any other court having jurisdiction.
16.3 In the event of DJ’s having to instruct a tracing agent, collecting agent and/or attorneys to enforce its rights in terms of this agreement, the performer shall be liable for all attorney and client costs, xxxxxx’s costs and other costs incidental to such proceedings, including collection commission. 17 GOVERNING LAW
Disputes Not Subject to Arbitration. The disputes and controversies between COST CUTTERS and the FRANCHISEE which are set forth in Article 24.1 and the following disputes and controversies between COST CUTTERS and the FRANCHISEE will not be subject to Arbitration: (A) any dispute involving the Marks or which arises under or as a result of Article 3 of this Agreement; (B) any dispute involving immediate termination of this Agreement pursuant to Article 9.5 and 9.6 of this Agreement; (C) any dispute involving enforcement of the confidentiality provisions set forth in Article 8 of this Agreement; and (D) any dispute involving enforcement of the covenants not to compete set forth in Article 12 of this Agreement.
Disputes Not Subject to Arbitration. Notwithstanding anything to the contrary in this Section 14(b), the following Disputes are not required to be arbitrated: (A) any Dispute that is within the jurisdiction of a small claims court or an equivalent court (provided, that if such Dispute is transferred, removed, or appealed from small claims court to a different court, then such Dispute will be subject to arbitration); and (B) Disputes regarding the validity or enforceability of this Section 14(b), which are for a court and not an arbitrator to decide (provided, that any Dispute regarding the validity or enforceability of this Agreement as a whole is for the arbitrator, and not a court, to decide). Moreover, this Section 14(b) does not prohibit Customer or Neuronetics, at any time, from: (X) exercising any lawful right to preserve the status quo or obtain possession of property or self-help remedies, including the right to set-off or exercise a statutory lien or other lien granted by law or rule, the right to restrain funds in an account, recoupment, repossession, replevin, or trustee’s sales; (Y) obtaining provisional or ancillary remedies or injunctive relief (other than a stay of arbitration), including attachment, garnishment, interpleader, or the appointment of a receiver by a court of appropriate jurisdiction; or (Z) bringing an individual action in court that is limited to preventing the other party from using a self-help or non-judicial remedy and that does not involve a request for damages or monetary relief of any kind. A party may also seek relief in a court with jurisdiction to move to compel arbitration or stay litigation.
Disputes Not Subject to Arbitration. Notwithstanding anything to the contrary set forth in this Technical Assistance Agreement:
11.2.1. Arbitration may not be invoked regarding matters expressed in this Technical Assistance Agreement to be agreed upon by or determined with the consent or approval of both Parties.
11.2.2. Arbitration may not be invoked if a Party violates the provisions of this Technical Assistance Agreement relating to NTI Intellectual Property Rights, NTI and/or NTI Asean Trade Secrets, or Corporate Opportunity. In such event, the remedies set forth in Articles 7 and 8 hereof shall apply.
Disputes Not Subject to Arbitration. The disputes and controversies between WCH and the FRANCHISEE which are set forth in Article 12.1 and the following disputes between WCH and the FRANCHISEE will not be subject to Arbitration:
(A) any dispute involving the Marks; (B) any dispute involving immediate termination of this Agreement by WCH pursuant to Article 6.5 and Article 6.6 of this Agreement; (C) any dispute involving enforcement of the confidentiality provisions set forth in Article 5 of this Agreement; and (D) any dispute involving enforcement of the covenants not to compete set forth in Article 8 of this Agreement.
Disputes Not Subject to Arbitration. Notwithstanding anything to the contrary set forth in this License Agreement:
11.2.1. Arbitration may not be invoked regarding matters expressed in this License Agreement to be agreed upon by or determined with the consent or approval of both Parties.
11.2.2. Arbitration may not be invoked if a Party violates the provisions of this License Agreement relating to NTI and/or NTI Asean Trade Secrets, or Corporate Opportunity. In such event, the remedies set forth in Articles 7, 8 and/or 10 hereof shall apply.
Disputes Not Subject to Arbitration. Notwithstanding anything to the contrary set forth in this Sales Representation Agreement:
7.2.1. Arbitration may not be invoked regarding matters expressed in this Sales Representation Agreement to be agreed upon by or determined with the consent or approval of both Parties.
7.2.2. Arbitration may not be invoked if a Party violates the provisions of this Sales Representation Agreement relating to Atagençer Trade Secrets or Corporate Opportunity. In such event, the remedies set forth in Article 4 hereof shall apply.
