Enforcement in Court Sample Clauses

Enforcement in Court. Nothing in this Agreement shall prevent either you or FSB from enforcing all rights under this Arbitration section if a Covered Claim is filed in court.
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Enforcement in Court. Nothing in this Agreement shall prevent either of us from enforcing all rights under these Arbitration Procedures if a Covered Claim is filed in court. Miscellaneous Related to Arbitration. The transactions between us involve interstate commerce, and the FAA governs these Arbitration Procedures. State arbitration laws and procedures shall not apply to this Agreement. These Arbitration Procedures shall survive bankruptcy and termination or modification of the Online Agreement. If either of us does not request arbitration for a Covered Claim, it shall not be considered a waiver of the right to request arbitration for another Covered Claim. In the event of any conflict between these Arbitration Procedures and any other provision of the Online Agreement (or any earlier version), these Arbitration Procedures shall control. In the event of any conflict between these Arbitration Procedures and your Product Agreement, the Product Agreement shall control. These Arbitration Procedures apply to and run to the benefit of your and our successors, assigns, transferees, executors, heirs, and representatives. YOU UNDERSTAND AND AGREE THAT IF EITHER OF US ELECTS TO ARBITRATE A COVERED CLAIM, THESE ARBITRATION PROCEDURES PRECLUDE BOTH OF US FROM LITIGATING CLAIMS THROUGH COURT OR HAVING A JURY TRIAL ON THAT CLAIM, OR ENGAGING IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE ARBITRATION RULES. FURTHER, NEITHER OF US WILL HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATION DECISION WILL GENERALLY BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
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Enforcement in Court. Nothing in this Agreement shall prevent either you or USB from enforcing all rights under this Arbitration section if a Covered Claim is filed in court.
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Enforcement in Court. A. In the event of a dispute between the parties arising under this Agreement, this Agreement may be enforced by either party in an action commenced in a court of competent jurisdiction and under Michigan law.
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Enforcement in Court. Subject to clause 10, nothing in this Agreement prevents:
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Related to Enforcement in Court

  • Competent Court The Court of Milan shall have jurisdiction over any dispute arising out of this offer to purchase.

  • Enforcement of Award The Parties agree that the decision or award resulting from arbitration shall be final and binding upon the Parties and shall be enforceable in accordance with the provisions of the Arbitration Act subject to the rights of the aggrieved parties to secure relief from any higher forum.

  • Appearance in Court When an employee is required by the Employer to appear in any court or before any attorney for the purpose of testifying because of any accident he/she may have been involved in during working hours, the employee shall be reimbursed in full by the Employer for all time spent or hours of work lost, computed at his/her current hourly rate of pay, whichever is greater, because of his/her appearance.

  • Enforcement of the Agreement The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereto, this being in addition to any other remedy to which they are entitled at law or in equity.

  • MAGISTRATE’S COURT JURISDICTION The Parties hereto consent to the jurisdiction of the Magistrates' Court in terms of Section 45 read with Section 28 of the Magistrates’ Court Act of 1944 as amended. Notwithstanding the aforementioned, this shall not preclude either Party from approaching the High Court of South Africa for any relief sought. This Agreement shall further be governed in terms of the law of the Republic of South Africa.

  • GOVERNING LAW & ENFORCEMENT The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, the Settling Entity stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. As an expressed condition of this Settlement Agreement, the Settling Entity waives any exemptions under California Health & Safety Code §25249.6

  • Arbitrator's Jurisdiction The jurisdiction and authority of the arbitrator and his opinion and award shall be confined exclusively to the interpretation and/or application of the provision(s) of this Agreement at issue between the Union and the Administration. The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement; to impose on either party a limitation or obligation not explicitly provided for in this Agreement; or to establish or alter any wage rate or wage structure. The arbitrator shall not hear or decide more than one grievance without the mutual consent of the Administration and the Union. The written award of the arbitrator on the merits of any grievance adjudicated within his jurisdiction and authority shall be final and binding on the aggrieved employee, the Union and the Administration, unless either party contests it before a court of competent jurisdiction as permitted by state law.

  • Enforcement of Rights Borrowers are jointly and severally liable for the Obligations and Bank may proceed against one or more of the Borrowers to enforce the Obligations without waiving its right to proceed against any of the other Borrowers.

  • Court ordered services and supplies including court-ordered care or testing, or services required as a condition of parole, probation, release or because of any legal proceeding.

  • Small Claims Court Notwithstanding anything herein to the contrary, each party retains the right to pursue in Small Claims Court any dispute within that court’s jurisdiction. Further, this arbitration provision shall apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the Small Claims Court.

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