Common use of Individual Capacity Only Clause in Contracts

Individual Capacity Only. All claims, disputes, or causes of action under this Section, whether by you or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 45 contracts

Samples: Employment Agreement (Honest Company, Inc.), Employment Agreement (Honest Company, Inc.), Business Combination Agreement (Phoenix Biotech Acquisition Corp.)

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Individual Capacity Only. All claims, disputes, or causes of action under this SectionArbitration section, whether by you Executive or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator Arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section paragraph are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 9 contracts

Samples: Employment Agreement (S&W Seed Co), Employment Agreement (S&W Seed Co), Employment Agreement (Cadrenal Therapeutics, Inc.)

Individual Capacity Only. All claims, disputes, or causes of action under this Section, whether by you Executive or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 5 contracts

Samples: Employment Agreement (Bionano Genomics, Inc.), Executive Employment Agreement (RayzeBio, Inc.), Executive Employment Agreement (RayzeBio, Inc.)

Individual Capacity Only. All claims, disputes, or causes of action under this Section, whether by you or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator Arbitrator may not consolidate the claims of more than one person or entity, entity and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 4 contracts

Samples: Letter Agreement (Mirati Therapeutics, Inc.), Letter Agreement (Mirati Therapeutics, Inc.), Letter Agreement (Mirati Therapeutics, Inc.)

Individual Capacity Only. All claims, disputes, or causes of action under this Section, whether by you Employee or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 4 contracts

Samples: Executive Employment Agreement (Aethlon Medical Inc), Executive Employment Agreement (Kronos Bio, Inc.), Employment Agreement (Aethlon Medical Inc)

Individual Capacity Only. All claims, disputes, or causes of action under this Section, whether by you Executive or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, entity and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 3 contracts

Samples: Employment Agreement (Neonc Technologies Holdings, Inc.), Employment Agreement (Neonc Technologies Holdings, Inc.), Employment Agreement (Neonc Technologies Holdings, Inc.)

Individual Capacity Only. All claims, disputes, or causes of action under this SectionSection 13, whether by you Consultant or the CompanyClient, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator Arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section 13.3 are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 2 contracts

Samples: Renovorx Consulting Agreement (RenovoRx, Inc.), Consulting Agreement (Spruce Biosciences, Inc.)

Individual Capacity Only. All claims, disputes, or causes of action under this SectionSection 7, whether by you Service Provider or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator Arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section 7.3 are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 2 contracts

Samples: Consulting Agreement (Theriva Biologics, Inc.), Consulting Agreement (Aravive, Inc.)

Individual Capacity Only. All claims, disputes, or causes of action under this SectionSection 12, whether by you or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section 12 are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 1 contract

Samples: Employment Agreement (Honest Company, Inc.)

Individual Capacity Only. All claims, disputes, or causes of action under this Section, whether by you Consultant or the CompanyClient, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section paragraph are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 1 contract

Samples: Consulting Agreement (Xencor Inc)

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Individual Capacity Only. All claims, disputes, or causes of action under this SectionArbitration section, whether by you or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator Arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section paragraph are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 1 contract

Samples: FIGS, Inc.

Individual Capacity Only. All claims, disputes, or causes of action under this Section, whether by you Employee or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.. 8.4

Appears in 1 contract

Samples: Employment Agreement (Instil Bio, Inc.)

Individual Capacity Only. All claims, disputes, or causes of action under this Section, whether by you the Executive or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 1 contract

Samples: Employment Agreement (Regulus Therapeutics Inc.)

Individual Capacity Only. All claims, disputes, or causes of action under this SectionSection 13, whether by you Service Provider or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator Arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section 7.3 are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 1 contract

Samples: Consulting Agreement (Aravive, Inc.)

Individual Capacity Only. All claims, disputes, or causes of action under this Section, whether by you or the Company, must be brought solely in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator Arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. To the extent that the preceding sentences in this Section are found to violate applicable law or are otherwise found unenforceable, any claim(s) alleged or brought on behalf of a class shall proceed in a court of law rather than by arbitration.

Appears in 1 contract

Samples: Mirati Therapeutics, Inc.

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