Mandatory Arbitration Provision Sample Clauses
A Mandatory Arbitration Provision requires that any disputes arising under the agreement be resolved through binding arbitration rather than through court litigation. In practice, this means that if a disagreement occurs, the parties must submit their case to a neutral arbitrator or arbitration panel, whose decision is final and enforceable. This clause streamlines dispute resolution, often making it faster and less costly than traditional lawsuits, and helps avoid the unpredictability and publicity of court proceedings.
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Mandatory Arbitration Provision. 9.1 Unless otherwise noted in this paragraph, disputes between the Parties will be submitted to and resolved by binding arbitration with the American Arbitration Association (“AAA”). Except as to injunctions and other equitable relief, this section on mandatory arbitration applies to any dispute, claim or controversy arising out of or related in any way to this Agreement, including but not limited to its enforceability, validity, or interpretation. This section on mandatory arbitration will also apply to any claim related in any way to the Employee’s employment with or provision of services to Company or any Affiliate and to any employment-related claim that the Employee may assert against the Company or any Affiliate; or to any employment-related claim that the Company or any of the Affiliates may assert against the Employee. The arbitration will be conducted under AAA’s Rules for the Resolution of Employment Disputes, which are incorporated herein unless expressly contradicted by the language of this paragraph and will be held in Houston, Texas. One neutral arbitrator will be selected by mutual agreement of the Parties. Should the Parties be unable to reach agreement on the arbitrator after 30 days of consultation, the arbitrator will be appointed by the AAA. The arbitrator will provide a written decision setting forth his or her essential findings and conclusions on which the award is based and judicial review of the arbitration award will be allowed to the extent permitted by any applicable federal, state or local law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. It is specifically agreed that this arbitration provision will be binding on the Employee’s heirs, administrators, and personal representatives, and the Company and its successors and assigns. This paragraph will be governed by the Federal Arbitration Act. Consistent with the expedited nature of arbitration, each party to any arbitration filed under this paragraph will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the issue raised by any claim or counterclaim. Additionally, each party will allow the other party to depose witnesses under that party’s control and will cooperate with the other party in scheduling depositions. Any dispute regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator. All discovery will be completed within 90 days fol...
Mandatory Arbitration Provision. These Terms and Conditions of Use and Cardholder Agreement (this “Agreement”) and the fee schedule above (“Schedule of Fees”) constitute our disclosure to you and an agreement between you and us with respect to our issuance and your use of your prepaid Visa reloadable card (“Card”). If you initially purchase a Card that is not embossed with your name (an “Instant Issue Card”), you may receive a Card embossed with your name in the mail within about 14 days of your Card purchase (“Personalized Card”). Your Instant Issue Card may not be reloaded until your identity has been confirmed as discussed below. Card means any Instant Issue Card, Personalized Card, and any Secondary Card issued pursuant to this Agreement. Once you have loaded funds to your Card, you will have electronic access to those funds for purchases at merchant point-of- sale (“POS”) locations and cash withdrawals at automated teller machine (“ATM”) locations. Your Card is issued by Republic Bank of Chicago pursuant to a license from Visa U.S.A., Inc. It will remain our property and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. You must surrender a revoked Card, and you may not use an expired or revoked Card. The Card is a reloadable prepaid card, and is not a credit card or a loan. You will not receive any interest on funds held on the Card. The Card is not for resale and is nontransferable. You will be deemed to have accepted the Card and the terms and conditions of this Agreement if you: sign the back of the Card; or use the Card.
Mandatory Arbitration Provision. By this provision you are agreeing to forego certain rights, such as a right to trial by jury, in the event of a dispute that cannot be resolved amicably. Unless provide otherwise by controversy or claim arising out of this Agreement or the Atlantic Broadband Phone Service, other than a claim by Atlantic Broadband as to non-payment, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“Rules”) and judgment upon the award awarded by the arbitrator may be entered in any court of competent jurisdiction. You agree that the costs of the arbitrator shall be split evenly between you and Atlantic Broadband.
Mandatory Arbitration Provision. THE FOLLOWING ARBITRATION PROVISION ("PROVISION") MUST BE READ CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION. To begin arbitration, either You or We must make a written demand to the other party for arbitration. All arbitrations shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“Rules”) in effect at the time the claim is filed. The terms of this Provision shall control any inconsistency between the Rules and this Provision. Upon written request, We will advance to You either all or part of the fees of the AAA and of the arbitrator. The arbitrator will decide whether You or We will be responsible for these fees. Unless You and We agree, the arbitration will take place in the county and state where You live. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., will govern and no state, local or other arbitration law will apply. IF ANY PORTION OF THIS PROVISION IS DEEMED INVALID OR UNENFORCEABLE, IT SHALL NOT INVALIDATE THE REMAINING PORTIONS OF THE PROVISION, EXCEPT THAT IN NO EVENT SHALL THIS PROVISION BE AMENDED OR CONSTRUED TO PERMIT CLASS ARBITRATION OR ARBITRATION ON BEHALF OF ANY INDIVIDUAL OTHER THAN YOU. You agree that any arbitration proceeding will only consider Your claims. Claims by or on behalf of other individuals will not be arbitrated in any proceeding that is considering Your claims. YOU AND WE UNDERSTAND AND AGREE THAT BECAUSE OF THIS PROVISION, NEITHER YOU NOR WE WILL HAVE THE RIGHT, EXCEPT AS MAY BE PROVIDED ABOVE, TO GO TO COURT, OR TO HAVE A JURY TRIAL, OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM. California Residents Only – Notwithstanding any other terms of the Provision, which otherwise fully apply, Claims seeking statutorily authorized injunctive relief that, if granted, would have the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public may be arbitrated.
Mandatory Arbitration Provision. Any dispute, claim or controversy arising out of or related in any way to this Agreement, including its enforceability, validity, or interpretation, or related in any way to the Executive’s employment with, or provision of services to, the Corporation, WGI or any Affiliate, shall be submitted to and resolved by binding arbitration with the American Arbitration Association (“AAA”) in Houston, Texas, in accordance with the rules of the AAA pertaining to employment disputes. This mandatory arbitration section shall also apply to any claim that the Executive might assert against any officer, director, or manager of the Corporation, WGI or any Affiliate. One arbitrator shall be used. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. It is specifically agreed that this section on arbitration shall be binding on the Executive’s heirs, administrators, and personal representatives. This section on arbitration shall be governed by the Federal Arbitration Act. Nothing contained in this section on mandatory arbitration shall prevent the Corporation from seeking injunctive relief against the Executive for violation of the sections of this Agreement pertaining to intellectual property, protection of Confidential Information, and/or non-competition or non-solicitation. Any provision of this section on mandatory arbitration that is found to be unconscionable or otherwise unenforceable shall be severed and this section on mandatory arbitration shall be enforced without the severed provision. This section on mandatory arbitration shall not apply to any claim that, under applicable law, is not subject to arbitration. This section on mandatory arbitration shall survive the termination of this Agreement unless and until the Executive and the Corporation enter into a new employment agreement that specifically addresses the subject of mandatory arbitration.
Mandatory Arbitration Provision. USE OF THE SERVICES, SOFTWARE, OR SYSTEM IS SUBJECT TO MANDATORY ARBITRATION AND CLASS- ACTION WAIVER OF ANY DISPUTES WHICH MAY ARISE, AS SET FORTH IN SECTION
Mandatory Arbitration Provision. USE OF THE SERVICES OR SOFTWARE IS SUBJECT TO MANDATORY ARBITRATION AND CLASS-ACTION WAIVER OF ANY DISPUTES WHICH MAY ARISE, AS SET FORTH IN SECTION 13 BELOW. PLEASE READ THAT SECTION CAREFULLY AND DO NOT USE THE SERVICES IN ANY MANNER AND IMMEDIATELY CONTACT US TO REQUEST DEACTIVITATION OF THE SERVICES IF YOU ARE UNWILLING TO AGREE TO THE MANDATORY ARBITRATION PROVISION.
Mandatory Arbitration Provision. Any dispute, claim or controversy arising out of or related in any way to this Release, including its enforceability, validity, or interpretation, or related in any way to Executive’s employment with the Corporation, WGI or an Affiliate, shall be submitted to and resolved by binding arbitration with the American Arbitration Association in Houston, Texas, in accordance with the section on Mandatory Arbitration set forth in the Employment Agreement. Any claim of Executive against any Releasee that relates in any way to Executive’s employment with the Corporation or that relates in any way to the Employment Agreement shall also be subject to mandatory arbitration in accordance with this section. This section is intended to supplement, but not supersede, the section on Mandatory Arbitration contained in the Employment Agreement. This section on mandatory arbitration shall be governed by the Federal Arbitration Act.