Individual Claims. All claims, disputes, or causes of action under this section, whether by you or the Company, must be brought 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 regarding class claims or proceedings 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. This paragraph shall not apply to any action or claim that cannot be subject to mandatory arbitration as a matter of law, including, without limitation, claims brought pursuant to the California Private Attorneys General Act of 2004, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, to the extent such claims are not permitted by applicable law to be submitted to mandatory arbitration and such applicable law(s) are not preempted by the Federal Arbitration Act or otherwise invalid (collectively, the “Excluded Claims”). In the event you intend to bring multiple claims, including one of the Excluded Claims listed above, the Excluded Claims may be publicly filed with a court, while any other claims will remain subject to mandatory arbitration.
Individual Claims a. Any pending or future claim or challenge to any individual cost determinations made by Defendants relating to whether a particular cost is allowable or reasonable under applicable OMB Circulars or under any other provision of law, and any claim relating to mathematical, computational, clerical or input errors in the calculation of indirect cost rates which has occurred or may occur for a particular Class Member, and which is not the result of a government policy, practice or procedure applicable to all Tribal Contractors, are expressly reserved and may be pursued by a Tribe or tribal organization in a separate proceeding, except that such reserved claim shall not include claims for monetary relief for the settled years;
b. Any individual claims for pre-award or start-up costs under 25 U.S.C. § 450j-1(a)(5) or (6) which arose in the settled years are expressly reserved and may be pursued by a Tribe or tribal organization in a separate proceeding;
c. Any CSC claims arising in or relating to fiscal year 2014 or thereafter, except as foreclosed by PSA III, are expressly reserved and may be pursued by a Tribe or tribal organization in a separate proceeding;
d. Any individual Class Member claim that Defendants or any of them have failed or refused to pay a previously agreed amount for contract support costs to a BIA ISDA contract, but not paid, which is not the result of a BIA policy, practice or procedure applicable to all Tribal Contractors, are expressly reserved and may be pursued by a Tribe or tribal organization in a separate proceeding.
Individual Claims. (1) Class Members who retain lawyers to assist them in making their individual claims for compensation pursuant to this Settlement Agreement or to appeal the classification or rejection of their claim for compensation, shall be responsible for the legal fees and expenses of such lawyers.
Individual Claims. The Sellers shall not be liable, and therefore shall not be required to indemnify or pay in respect of a Loss pursuant to a Notified Claim, in the event that such Loss results from a single event or fact, and the amount of such Loss does not exceed €5,000 (five thousand euro). All Loss having a similar initiating fact or cause being a single cause, shall be taken into account as one cumulated amount.
Individual Claims. Class Members are eligible for payments with or without Proof of Purchase: You can get up to $.80 per Unit purchased up to a maximum of 6 Units per Household for up to $4.80 maximum per Household. You can get up to $.0.80 per Unit purchased for the number of Units for which a valid Proof of Purchase has been provided, up to a maximum reimbursement of $25.00 per Household. Only one Claim may be submitted per Household under either Tier 1 or Tier 2 and final amounts paid may be reduced based on total number of Valid Claims received. You must file a Claim to get any money from the proposed Settlement. Claim Forms must be received on or before Month 00, 2021.
Individual Claims. Notwithstanding any other provision of this Agreement, any Employee shall have the right at any time to present grievances to the Company and to have such grievances adjusted without the intervention of the Union as long as the adjustment is not inconsistent with the terms of this Agreement; provided, that the Union stewxxx xxx been notified of such grievance and that a Union representative has been given an opportunity to be present at such adjustment.
Individual Claims. Class Members are eligible for payments with or without proof of purchase: You can get up to $7.00 for up to 2 Units for up to $14.00 maximum.
Individual Claims. 75. Nothing in this Agreement in any way limits or impairs an individual class member’s entitlement to Title XIX behavioral health services.
76. Nothing in this Agreement in any way limits or impairs the right of class members, or parents acting on a class member’s behalf, to pursue an individual action – administrative or judicial -- to secure Title XIX behavioral health services to which the class member is entitled under Title XIX.
77. When a class member, or the class member’s parents, file an individual action to secure services under Title XIX, the class member’s entitlement to services will be governed by applicable federal and state statutes, regulations, and policies regarding the Title XIX program.
Individual Claims. All claims, disputes, or causes of action under this section, whether by you or the Company, must be brought 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 regarding class claims or proceedings 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. This section shall not apply to an action or claim brought in court pursuant to the California Private Attorneys General Act of 2004 or to any other action or claim that cannot be subject to arbitration as a matter of law.
Individual Claims. Nothing in this Agreement is intended to prevent any individual, in his or her individual capacity, from bringing any claim related to the facts underlying the Actions against FanDuel.
