Common use of Informal Mediation Clause in Contracts

Informal Mediation. Before formally pursuing a dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to Lead Bank, Attn: Legal Department, 0000 Xxxx Xxxxxx, Xxxxxx Xxxx, XX 00000 in case of a dispute with Lead Bank, and to Revolut Technologies Inc., Attn: Legal Department, 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000 in case of a dispute with the Program Manager. If Lead Bank (or Program Manager) has a dispute with you, Lead Bank, and Program Manager agree to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Lead Bank (or Program Manager) to identify your account, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Lead Bank’s or Program Manager’s Notice must likewise set forth a detailed description of its dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Lead Bank (or the Program Manager) agree to then negotiate in good faith in an effort to resolve the dispute. As part of these good faith negotiations, if Lead Bank (or Program Manager) requests a telephone conference with you to discuss your dispute, you agree to personally participate, with your attorney if you are represented by counsel. Likewise, if you request a telephone conference to discuss Lead Bank’s or Program Manager’s dispute with you, then Lead Bank (or Program Manager) agrees to have one representative participate. This informal process should lead to a resolution of the dispute. However, if the dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you, Lead Bank, or Program Manager may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below). Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you, Lead Bank, or Program Manager engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.

Appears in 2 contracts

Samples: Ach Origination Agreement, Ach Origination Agreement

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Informal Mediation. Before formally pursuing a dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to Lead Community Federal Savings Bank, Attn: Legal Department, 0000 0 Xxxx Xxxxxx, Xxxxxx Xxxx, XX 00000 in case of a dispute with Lead Bank, and to Revolut Technologies Inc., Attn: Legal Department, 000 Xxxxxxxxx XxxxxxXxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000 in case of a dispute with the Bank, and to Revolut Technologies Inc., Attn: Legal Department, 000 Xxxxxxxxx Street, 20th Floor, New York, NY 10006 in case of a dispute with the Program Manager. If Lead the Bank (or Program Manager) has a dispute with you, Lead the Bank, and Program Manager agree to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Lead the Bank (or Program Manager) to identify your account, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Lead The Bank’s or Program Manager’s Notice must likewise set forth a detailed description of its dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Lead the Bank (or the Program Manager) agree to then negotiate in good faith in an effort to resolve the dispute. As part of these good faith negotiations, if Lead the Bank (or Program Manager) requests a telephone conference with you to discuss your dispute, you agree to personally participate, with your attorney if you are represented by counsel. Likewise, if you request a telephone conference to discuss Lead the Bank’s or Program Manager’s dispute with you, then Lead the Bank (or Program Manager) agrees to have one representative participate. This informal process should lead to a resolution of the dispute. However, if the dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you, Lead the Bank, or Program Manager may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below). Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you, Lead the Bank, or Program Manager engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.

Appears in 1 contract

Samples: Cardholder Agreement

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Informal Mediation. Before formally pursuing a dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to Lead Community Federal Savings Bank, Attn: Legal Department, 0000 0 Xxxx XxxxxxXxxxx, Xxxxxx 00xx Xxxxx, Xxx Xxxx, XX 00000 in case of a dispute with Lead the Bank, and to Revolut Technologies Inc., Attn: Legal Department, 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, XX 00000 in case of a dispute with the Program Manager. If Lead the Bank (or Program Manager) has a dispute with you, Lead the Bank, and Program Manager agree to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Lead the Bank (or Program Manager) to identify your account, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Lead The Bank’s or Program Manager’s Notice must likewise set forth a detailed description of its dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Lead the Bank (or the Program Manager) agree to then negotiate in good faith in an effort to resolve the dispute. As part of these good faith negotiations, if Lead the Bank (or Program Manager) requests a telephone conference with you to discuss your dispute, you agree to personally participate, with your attorney if you are represented by counsel. Likewise, if you request a telephone conference to discuss Lead the Bank’s or Program Manager’s dispute with you, then Lead the Bank (or Program Manager) agrees to have one representative participate. This informal process should lead to a resolution of the dispute. However, if the dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you, Lead the Bank, or Program Manager may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below). Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you, Lead the Bank, or Program Manager engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.

Appears in 1 contract

Samples: Cardholder Agreement

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