Limitations On How This Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in Section 15.3 of this Agreement shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this Agreement, nothing prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to a predispute arbitration agreement pursuant to applicable Federal law or Executive Order are excluded from the coverage of this Arbitration Provision; Disputes regarding the Intellectual Property Rights of the parties; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
Appears in 4 contracts
Samples: Class Action Settlement Agreement, Class Action Settlement Agreement, Technology Services Agreement
Limitations On How This Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in Section 15.3 of this Agreement Arbitration Provision shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this AgreementArbitration Provision, nothing prevents you from making a report claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or filing a claim or charge with charges brought before the Equal Employment Opportunity CommissionCommission (xxx.xxxx.xxx), the U.S. Department of LaborLabor (xxx.xxx.xxx), Securities Exchange Commission, the National Labor Relations BoardBoard (xxx.xxxx.xxx), or the Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration ProvisionPrograms (xxx.xxx.xxx/xxx/xxxxx). Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to a predispute arbitration agreement pursuant to applicable Federal law or Executive Order as provided by the Xxxx-‐Xxxxx Xxxx Street Reform and Consumer Protection Act (Public Law 111-‐203) are excluded from the coverage of this Arbitration Provision; Disputes regarding your, the Intellectual Property Rights of the partiesCompany’s, or Uber’s intellectual property rights; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118111-‐118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-112-‐ 10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
Appears in 2 contracts
Samples: Software License and Online Services Agreement, Sublicense & Online Services Agreement
Limitations On How This Agreement Applies. The following claims are not covered under this Agreement: (i) Workers’ Compensation benefits, state disability insurance benefits or unemployment insurance benefits; however, the Agreement applies to discrimination or retaliation claims based upon seeking such benefits; (ii) disputes and claims set forth below shall that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration and the requirement to arbitrate set forth in Section 15.3 of this Agreement shall not apply: A agreement; (iii) representative action brought on behalf of others actions for civil penalties filed under the California Private Attorneys Attorney General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., ) (but to the extent waiver of such a permitted by applicable law, any claim by you on your own behalf to recover your unpaid wages must be arbitrated and is deemed unenforceable covered by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this Agreement); (iv) claims under the Employee Retirement Income Security Act of 1974; and (v) disputes arising under or related to the Company’s Restricted Stock Unit Agreement, nothing including any Award Notice. Nothing in this Agreement prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, Occupational Safety and Health Administration, or Office of Federal Contract Compliance Programs, and nothing law enforcement authorities. Nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration ProvisionAgreement. This Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Agreement. Nothing in this Arbitration Provision shall be deemed to preclude Agreement prevents or excuse excuses a party from bringing an administrative claim before satisfying any agency in order to fulfill the party's obligation to exhaust conditions precedent and/or exhausting administrative remedies under applicable law before making bringing a claim in arbitration; . The Company will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this agreement to arbitrate. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration. Disputes between the parties that may not be subject to a predispute pre-dispute arbitration agreement pursuant to applicable Federal law as provided by the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (Public Law 111- 203) or Executive Order as provided by another Act of Congress are excluded from the coverage of this Arbitration Provision; Disputes regarding the Intellectual Property Rights of the parties; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claimsAgreement.
Appears in 2 contracts
Samples: Dispute Resolution Agreement, Dispute Resolution Agreement
Limitations On How This Agreement Applies. The disputes and This Arbitration Provision does not apply to claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in Section 15.3 of this Agreement shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; . Regardless of any other terms of this AgreementArbitration Provision, nothing prevents you from making a report claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or filing a claim or charge with charges brought before the Equal Employment Opportunity CommissionCommission (xxx.xxxx.xxx), the U.S. Department of LaborLabor (xxx.xxx.xxx), Securities Exchange Commission, the National Labor Relations BoardBoard (xxx.xxxx.xxx), or the Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration ProvisionPrograms (xxx.xxx.xxx/xxx/xxxxx). Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; . Disputes that may not be subject to a predispute arbitration agreement pursuant to applicable Federal law or Executive Order as provided by the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Arbitration Provision; Disputes regarding the Intellectual Property Rights of the parties; . This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
Appears in 1 contract
Limitations On How This Agreement Applies. The following claims are not covered under these Worker Terms: (i) Workers’ Compensation benefits, state disability insurance benefits or unemployment insurance benefits; however, these Worker Terms applies to discrimination or retaliation claims based upon seeking such benefits; (ii) disputes and claims set forth below shall that an applicable federal statute expressly states cannot be arbitrated or subject to a pre-dispute arbitration agreement; and the requirement to arbitrate set forth in Section 15.3 of this Agreement shall not apply: A (iii) representative action brought on behalf of others actions for civil penalties filed under the California Private Attorneys Attorney General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., ) (but to the extent waiver of such a permitted by applicable law, any claim by you on your own behalf to recover your unpaid wages must be arbitrated and is deemed unenforceable covered by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this Agreement, nothing these Worker Terms). Nothing in these Worker Terms prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, Occupational Safety and Health Administration, or Office of Federal Contract Compliance Programs, and nothing law enforcement authorities. Nothing in this Agreement or Arbitration Provision these Worker Terms prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provisionthese Worker Terms. This Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by these Worker Terms. Nothing in this Arbitration Provision shall be deemed to preclude these Worker Terms prevents or excuse excuses a party from bringing an administrative claim before satisfying any agency in order to fulfill the party's obligation to exhaust conditions precedent and/or exhausting administrative remedies under applicable law before making bringing a claim in arbitration; Disputes that . The Company will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. A party may not be subject apply to a predispute arbitration agreement pursuant to court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable Federal law or Executive Order are excluded from the coverage of this Arbitration Provision; Disputes regarding the Intellectual Property Rights of the parties; This Arbitration Provision law, and any such application shall not be construed deemed incompatible with or waiver of this agreement to require arbitrate. The court to which the arbitration of any claims against a contractor that may not be application is made is authorized to consider the subject of a mandatory arbitration agreement as provided by section 8116 merits of the Department arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118)final relief, section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10however, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claimswill be decided in arbitration.
Appears in 1 contract
Samples: User Agreement and Terms of Platform
Limitations On How This Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in Section 15.3 of this Agreement Arbitration Provision shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Michigan Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this Agreement, nothing prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to a predispute pre-dispute arbitration agreement pursuant to applicable Federal law or Executive Order are excluded from the coverage of this Arbitration Provision; Disputes regarding your, the Intellectual Property Rights of the partiesCompany’s, or Quik Plow’s intellectual property rights; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-112- 10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
Appears in 1 contract
Samples: Technology Services Agreement
Limitations On How This Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in Section 15.3 of this Agreement Arbitration Provision shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this Agreement, nothing prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to a predispute arbitration agreement pursuant to applicable Federal law or Executive Order are excluded from the coverage of this Arbitration Provision; Disputes regarding your, the Intellectual Property Rights of the partiesCompany’s, or Uber’s intellectual property rights; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-112- 10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
Appears in 1 contract
Samples: Technology Services Agreement
Limitations On How This Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in Section 15.3 of this Agreement Arbitration Provision shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this Agreement, nothing prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to a predispute arbitration agreement pursuant to applicable Federal law or Executive Order are excluded from the coverage of this Arbitration Provision; Disputes regarding the Intellectual Property Rights of the parties; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, your or any successor DoD appropriations act addressing the arbitrability of claims.Footsage’s intellectual property rights;
Appears in 1 contract
Samples: Massage Services Agreement
Limitations On How This Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in Section 15.3 of this Agreement Arbitration Provision shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this AgreementArbitration Provision, nothing prevents you from making a report claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or filing a claim or charge with charges brought before the Equal Employment Opportunity CommissionCommission (xxx.xxxx.xxx), the U.S. Department of LaborLabor (xxx.xxx.xxx), Securities Exchange Commission, the National Labor Relations BoardBoard (xxx.xxxx.xxx), or the Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration ProvisionPrograms (xxx.xxx.xxx/xxx/xxxxx). Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to a predispute arbitration agreement pursuant to applicable Federal law or Executive Order as provided by the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Arbitration Provision; Disputes regarding the Intellectual Property Rights of the parties; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
Appears in 1 contract
Limitations On How This Agreement Applies. The following claims are not covered under this Agreement: (i) workers’ compensation benefits, state disability insurance benefits or unemployment insurance benefits; however, the Agreement applies to discrimination or retaliation claims based upon seeking such benefits; (ii) disputes and claims set forth below shall between the parties that may not be subject to pre- dispute arbitration agreement as provided by the Xxxx-Xxxxx Xxxx Street Reform and the requirement Consumer Protection Act, if applicable; (iii) disputes that an applicable federal statute expressly states cannot be arbitrated or subject to arbitrate set forth in Section 15.3 of this Agreement shall not apply: A a pre-dispute arbitration agreement; (iv) representative action brought on behalf of others actions for civil penalties filed under the California Private Attorneys Attorney General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by which may only be brought and maintained in a court of competent jurisdiction; Claims and (v) claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless benefits under employee benefit plans covered by the Employee Retirement Income Security Act of any other terms of 1974 (“ERISA”). Nothing in this Agreement, nothing Agreement prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, Occupational Safety and Health Administration, or Office of Federal Contract Compliance Programs, and nothing law enforcement authorities. Nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration ProvisionAgreement. This Agreement also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Agreement. Nothing in this Arbitration Provision shall be deemed to preclude Agreement prevents or excuse excuses a party from bringing an administrative claim before satisfying any agency in order to fulfill the party's obligation to exhaust conditions precedent and/or exhausting administrative remedies under applicable law before making bringing a claim in arbitration; Disputes that . The Company will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. This Agreement also does not prevent or prohibit you in any way from reporting, communicating about, or disclosing claims for discrimination, harassment, retaliation, or sexual abuse. A party may not be subject apply to a predispute arbitration agreement pursuant to court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable Federal law or Executive Order are excluded from the coverage of this Arbitration Provision; Disputes regarding the Intellectual Property Rights of the parties; This Arbitration Provision law, and any such application shall not be construed deemed incompatible with or waiver of this agreement to require arbitrate. The court to which the arbitration of any claims against a contractor that may not be application is made is authorized to consider the subject of a mandatory arbitration agreement as provided by section 8116 merits of the Department arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118)final relief, section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10however, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claimswill be decided in arbitration.
Appears in 1 contract
Samples: Dispute Resolution Agreement
Limitations On How This Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in Section 15.3 14.3 of this Agreement shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this AgreementArbitration Provision, nothing prevents you from making a report claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or filing a claim or charge with charges brought before the Equal Employment Opportunity CommissionCommission (xxx.xxxx.xxx), the U.S. Department of LaborLabor (xxx.xxx.xxx), Securities Exchange Commission, the National Labor Relations BoardBoard (xxx.xxxx.xxx), or the Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration ProvisionPrograms (xxx.xxx.xxx/xxx/xxxxx). Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to a predispute arbitration agreement pursuant to applicable Federal law or Executive Order as provided by the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Arbitration Provision; Disputes regarding the Intellectual Property Rights of the parties; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
Appears in 1 contract
Limitations On How This Agreement Applies. The disputes and claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in Section 15.3 of this Agreement Arbitration Provision shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; Regardless of any other terms of this Agreement, nothing prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. Nothing in this Arbitration Provision shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration; Disputes that may not be subject to a predispute arbitration agreement pursuant to applicable Federal law or Executive Order are excluded from the coverage of this Arbitration Provision; Disputes regarding your, the Intellectual Property Rights of the partiesCompany’s intellectual property rights; This Arbitration Provision shall not be construed to require the arbitration of any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("DoD") Appropriations Act for Fiscal Year 2011 (Pub. L. 112-112- 10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
Appears in 1 contract
Samples: Technology Services Agreement
Limitations On How This Agreement Applies. The disputes and This Agreement does not apply to Employee Benefit Claims Funded by Insurance or claims set forth below shall not be subject to arbitration and the requirement to arbitrate set forth in Section 15.3 of this Agreement shall not apply: A representative action brought on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction; Claims for workers compensation, state disability insurance and unemployment insurance benefits; . Regardless of any other terms of this Agreement, nothing prevents you from making a report claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or filing a claim or charge with charges brought before the Equal Employment Opportunity CommissionCommission (xxx.xxxx.xxx), The U.S. Department of Labor, Securities Exchange Commission, Labor (xxx.xxx.xxx); the National Labor Relations BoardBoard (xxx.xxxx.xxx), or the Office of Federal Contract Compliance Programs, and nothing in this Agreement or Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration ProvisionPrograms (xxx.xxx.xxx/xxx/xxxxx). Nothing in this Arbitration Provision Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order or to do anything else that is required to fulfill the party's ’s obligation to exhaust administrative remedies before making a claim in arbitration; . Disputes that may not be subject to a predispute arbitration agreement pursuant to applicable Federal law or Executive Order as provided by the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from the coverage of this Arbitration Provision; Disputes regarding the Intellectual Property Rights of the parties; This Arbitration Provision Agreement. Likewise, this Agreement shall not be construed to require the arbitration of any qui tam claims brought pursuant to the False Claims Act, 31 U.S.C.§ 3729(a)(1)(A)-(G), or any whistleblower claims made to the Centers for Medicare and Medicaid Services (“CMS”) pursuant to 42 C.F.R. §420.405, or any claims brought pursuant to the or any claims against a contractor that may not be the subject of a mandatory arbitration agreement as provided by section 8116 of the Department of Defense ("“DoD"”) Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118), section 8102 of the Department of Defense ("“DoD"”) Appropriations Act for Fiscal Year 2011 (Pub. L. 112-10, Division A), and their implementing regulations, or any successor DoD appropriations act addressing the arbitrability of claims.
Appears in 1 contract
Samples: Separation Agreement (Amedisys Inc)