Common use of Exceptions to Arbitration Clause in Contracts

Exceptions to Arbitration. This Agreement does not limit the right of either party to a) foreclose against real or personal property collateral; b) exercise self-help remedies such as setoff or repossession; c) obtain provisional remedies such as replevin, injunctive relief, attachment or the appointment of a receiver during the pendency or before or after any arbitration proceeding; or d) obtain a cognovit judgment, if available. These exceptions do not constitute a waiver of the right or obligation of either party to submit any dispute to arbitration, including those arising from the exercise of these remedies.

Appears in 4 contracts

Samples: Credit Agreement (Datalink Corp), Credit Agreement (Planar Systems Inc), Medamicus Inc

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Exceptions to Arbitration. This Agreement does not limit the right of either party to a) foreclose against real or personal property collateral; b) exercise self-help remedies such as setoff or repossession; c) obtain provisional remedies such as replevin, injunctive relief, attachment or the appointment of a receiver during the pendency or before or after any arbitration proceeding; or d) obtain a cognovit cognitive judgment, if available. These exceptions do not constitute a waiver of the right or obligation of either party to submit any dispute to arbitration, including those arising from the exercise of these remedies.

Appears in 2 contracts

Samples: Credit Agreement (Biosensor Corp), Barbers Hairstyling for Men & Women Inc

Exceptions to Arbitration. This Agreement agreement to arbitrate does not limit the right of either party to a(i) foreclose against real or personal property collateral; b(ii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; cor (iii) obtain provisional ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver receiver, before during or after the pendency or before or after of any arbitration proceeding; or d) obtain a cognovit judgment, if available. These exceptions do not not, however, constitute a waiver of the right or obligation of either party to submit any dispute to arbitration, including those arising from the exercise of these remediesthe remedies detailed in this paragraph.

Appears in 1 contract

Samples: Credit Agreement (Northwest Teleproductions Inc)

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Exceptions to Arbitration. This Agreement does not limit the right of either party to a) foreclose against real or personal property collateral; b) exercise self-help remedies such as setoff or repossession; c) obtain provisional remedies such as replevin, injunctive relief, attachment or the appointment of a receiver during the pendency or before or 13 after any arbitration proceeding; or d) obtain a cognovit cognitive judgment, if available. These exceptions do not constitute a waiver wavier of the right or obligation of either party to submit any dispute to arbitration, including those arising from the exercise of these remedies.

Appears in 1 contract

Samples: Credit Agreement (Advantage Learning Systems Inc)

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