Matters Not Subject to Arbitration Sample Clauses

Matters Not Subject to Arbitration. The following matters are not subject to arbitration: (i) claims for workers’ compensation benefits; (ii) claims for unemployment compensation benefits; (iii) claims based upon current (successor or future) stock option plans, or employee pension and/or welfare benefit plans, if those plans already contain some form of arbitration or other procedure for the resolution of disputes under the plan; (iv) claims which by federal law are not subject to mandatory arbitration, such as those statutory claims which the Xxxx-Xxxxx Xxxx Street Reform Act provides may not be subject to mandatory pre-dispute arbitration, but only to the extent federal law prohibits enforcement of the class, collective or representative action waiver (discussed in Section 17(c) below) with respect to these types of claims; (v) claims included in any lawsuit or administrative proceeding to which Executive is a party and which are pending against the Company prior to the date Executive signs the Agreement; and (vi) preliminary, temporary or permanent injunctive relief sought pursuant to Section 11(b). Also, nothing in Section 17 of the Agreement limits Executive’s ability to file a charge with a federal, state or local administrative agency (such as the National Labor Relations Board or the Equal Employment Opportunity Commission) and nothing in Section 17 of the Agreement limits a federal, state or local government agency from its pursuit of a claim in court or the remedies it may seek from a court.
Sample 1Sample 2Sample 3See All (10)
AutoNDA by SimpleDocs
Matters Not Subject to Arbitration. Disputes concerning the following matters shall not be subject to arbitration: 9.2.1 Matters involving the establishment or collection of Accommodation Fees, Monthly Apartment Fees, Monthly Care Fees, or any other fees, deposits or charges of any kind or type imposed and/or collected by Riverview; 9.2.2 Any claim for injunctive or other equitable relief; 9.2.3 Exercise by a Resident or Riverview of his/her/its right to cancel or terminate a Residency Agreement;
Sample 1
Matters Not Subject to Arbitration. A. In the event of a dispute on production standards, health and safety, sub-contracting or piece work rate for new jobs or a new classification, the work shall be performed, unless the terms under Unfavorable Conditions are met, and the dispute shall be processed through the grievance procedure, but the arbitrator shall not be empowered to rule on it unless the parties have specifically agreed in writing to submit the dispute to arbitration. Grievances of this type shall follow the regular grievance procedure through Step 3. B. On matters that the arbitrator is not empowered to rule on, the Union may be free to use its economic strength as allowed by law, provided however, that no strike shall take place until after meeting at Step 3. of the grievance procedure unless sanctioned by the International Union, UAW. C. Production standard disputes will be negotiated with the UAW International Time Study Department prior to any right to strike.
Sample 1
Matters Not Subject to Arbitration. The following matters are not subject to arbitration: (i) claims for workers’ compensation benefits; (ii) claims for unemployment compensation benefits;
Sample 1
Matters Not Subject to Arbitration. There shall be no ---------------------------------- arbitration of issues, disputes or matters except those identified in Section 29.1 above as matters to be resolved by arbitration unless Landlord and Tenant agree in writing to arbitrate other matters. Even if a matter is otherwise subject to arbitration, at the election of either Landlord or Tenant, the following matters shall not be submitted to arbitration: 30.3.1. Claims or causes of action in equity or seeking primarily equitable relief; 30.3.2. Causes of action or claims which, in the aggregate of all actions or claims in the proceeding, seek damages or relief in excess of Twenty Five Thousand Dollars ($25,000.00); 30.3.3. Proceedings in which a party or parties other than Landlord and Tenant are joined or are required to be joined under applicable law; or 30.3.4. Unlawful detainer or other possessory actions following Tenant's default. A party shall make its election to proceed with legal action, instead of arbitration by notice, in writing, (i) if the party making the election is the moving party, then at least five (5) days prior to such party's institution of legal proceedings; or (ii) if the party making the election is not the moving party, then within ten (10) days after receipt of the other party's demand for arbitration.
Sample 1
Matters Not Subject to Arbitration. Arbitration shall not be used to resolve routine business matters of the Company, matters requiring urgent judicial relief, or matters involving the enforcement of orders under this Section 14.
Sample 1
Matters Not Subject to Arbitration. The following matters are not subject to arbitration: policies and standards established by HRM, provided that such policies and standards do not directly contradict the express terms of this Agreement; allocation of HRM budget and resources; compliance with Applicable Laws and corporate policies; and the ownership of the Facility.
Sample 1
AutoNDA by SimpleDocs
Matters Not Subject to Arbitration. For certainty the conditions precedent referred to in Section 16.2 shall not be subject to arbitration.
Sample 1

Related to Matters Not Subject to Arbitration

  • Claims Not Subject to Arbitration 13.6.3.1 If the following claims are not resolved through informal Dispute Resolution, they will not be subject to arbitration and must be resolved through any remedy available to a Party pursuant to law, equity or agency mechanism: 13.6.3.1.1 Actions seeking a temporary restraining order or an injunction related to the purposes of this Agreement. 13.6.3.1.2 All claims arising under federal or state statute(s), including antitrust claims.

  • Disputes Subject to Arbitration Any claim, dispute or controversy arising out of this Agreement (other than claims relating to misuse or misappropriation of the intellectual property of the Company), the interpretation, validity or enforceability of this Agreement or the alleged breach thereof shall be submitted by the parties to binding arbitration by a sole arbitrator under the rules of the American Arbitration Association; provided, however, that (a) the arbitrator shall have no authority to make any ruling or judgment that would confer any rights with respect to the trade secrets, confidential and proprietary information or other intellectual property of the Company upon the Executive or any third party; and (b) this arbitration provision shall not preclude the Company from seeking legal and equitable relief from any court having jurisdiction with respect to any disputes or claims relating to or arising out of the misuse or misappropriation of the Company’s intellectual property. Judgment may be entered on the award of the arbitrator in any court having jurisdiction.

  • Claims Subject to Arbitration Except as expressly provided below, the parties agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to this Agreement or a similar prior agreement, the Property or the relationship between Resident and Owner or Manager (including matters occurring prior to the date of this Agreement and disputes also involving third parties) (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope and enforceability.

  • Claims Subject to Elective Arbitration 13.6.2.1 Claims will be subject to elective arbitration pursuant to Section 13.7 below, if, and only if, the claim is not settled through informal Dispute Resolution and both Parties agree to arbitration. If both Parties do not agree to arbitration, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanism.

  • Referral to Arbitration: Local Matters a. If the grievance is not resolved at Step Three within ten (10) working days of the meeting referred to in Article A.6.4, the local or the employer where applicable may refer a "local matters grievance," as defined in Appendix 2 and Addenda, to arbitration within a further fifteen (15) working days. b. The referral to arbitration shall be in writing and should note that it is a “local matters grievance.” The parties shall agree upon an arbitrator within ten (10) working days of such notice.

  • Disputes and Arbitration Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.

  • GOVERNING LAW; DISPUTES SUBMITTED TO ARBITRATION All disputes arising under this agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in Boston, Massachusetts before a single arbitrator of the American Arbitration Association (“AAA”). The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law in the Commonwealth of Massachusetts. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE’S INTENDED USE.

  • Agreement to Arbitrate Disputes Either you or we may elect, without the other’s consent, to require that any dispute between us concerning your membership, your deposit accounts (“Accounts”) and the services related to your membership and Accounts, including but not limited to all disputes that you may raise against us, must be resolved by binding arbitration, except for those disputes specifically excluded below.

  • Time Limit to Submit to Arbitration Failing satisfactory settlement at Step 3, and pursuant to Article 10, the President, or his/her designate, may inform the Employer of his/her intention to submit the dispute to arbitration within: (a) thirty (30) days after the Employer's decision has been received; (b) thirty (30) days after the Employer's decision is due.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!