Mutual Arbitration Provision Sample Clauses
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Mutual Arbitration Provision. 1. CONTRACTOR and TAB mutually agree to this Mutual Arbitration Provision, which is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and shall apply to any and all disputes arising out of or relating to this Agreement, CONTRACTOR’s classification as an independent contractor, CONTRACTOR’s provision of Contracted Services to consumers, the payments received by CONTRACTOR for providing services to consumers, the termination of this Agreement, and all other aspects of CONTRACTOR's relationship with TAB, past, present or future, whether arising under federal, state or local statutory and/or common law, including without limitation harassment, discrimination or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans With Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Federal Credit Reporting Act (or its state or local equivalents), Telephone Consumer Protection Act (or its state or local equivalents), or Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local claims arising out of or relating to CONTRACTOR’s relationship or the termination of that relationship with TAB. The parties expressly agree that this Agreement shall be governed by the FAA even in the event CONTRACTOR and/or TAB are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. If for any reason the FAA does not apply, the state law governing arbitration agreements in the state in which the CONTRACTOR operates shall apply. If either CONTRACTOR or TAB wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought and (4) the amount in controversy. Any demand for arbitration by CONTRACTOR must be delivered to TAB (TRAIN YOUR BUDDY), INC. ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Mutual Arbitration Provision. Holder and the Company agree to arbitrate before a neutral arbitrator any and all disputes and claims between Holder and the Company, including any parent, subsidiary or affiliate of the Company, in consideration of the benefits provided to Holder under this Agreement. This provision is governed by the Federal Arbitration Act (9 U.S.C. § 1 et. Seq.) (the “FAA”).
(a) Claims Covered By This Arbitration Provision. ▇▇▇▇▇▇ and the Company agree to arbitrate before a neutral arbitrator any and all disputes or claims between ▇▇▇▇▇▇ and the Company, including claims against any current or former officer, director, shareholder, agent or employee of the Company, that arise out of or relate to ▇▇▇▇▇▇’s recruiting and/or hiring by, employment with or separation from the Company. This arbitration provision applies, without limitation, to existing or future disputes regarding any city, county, state or federal wage and hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, discrimination, harassment, breach of contract, fraud, tort, defamation, and claims arising under the Uniform Trade Secrets Act, Civil Rights Acts, Americans Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Fair Credit Reporting Act, Genetic Information Non-Discrimination Act, claims for violations of Nevada law including but not limited to violation of Chapters 608 and 613 of the Nevada Revised Statutes, and any other state or local law or statute, if any, addressing the same or similar subject matters, and any other similar federal, state and local statutory and common law claims. This arbitration provision is intended to require arbitration of every claim or dispute that lawfully can be arbitrated , except for those claims and disputes which by the terms of this Agreement are expressly excluded.
(b) Claims not Covered By This Arbitration Provision. Notwithstanding the above, Holder and the Company agree that disputes and claims for workers’ compensation benefits, unemployment insurance, state or federal disability insurance, claims for benefits under a plan that is governed by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and claims for temporary equitable relief in the form of a temporary restraining order or preliminary injunction or any other temporary equitable remedy which may then be available, including ...
Mutual Arbitration Provision. Arbitration. Any controversy or dispute between You and Company or any of their respective owners, shareholders, partners, members, directors, managers, officers, employees, agents or affiliates arising from or in any way related to the Terms of Use or the termination thereof, including but not limited to the validity, formation, enforceability, construction, scope or application of the Terms of Use, shall be
Mutual Arbitration Provision. 1. Carrier and Priority Puppy mutually agree that any and all disputes arising out of or relating to this Agreement, Carrier's classification as an independent contractor, Carrier's provision of Contracted Services to sellers and purchasers, the payments received by Carrier for providing services to sellers and purchasers, the termination of this Agreement, and all other aspects of Carrier's relationship with Priority Puppy, shall be submitted to confidential arbitration in California, United States, except that, to the extent you have in any manner violated or threatened to violate Priority Puppy's intellectual property rights, Priority Puppy may seek injunctive or other appropriate relief in any state or federal court in the state of California, United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
2. Carrier and Priority Puppy agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Carrier and Priority Puppy, therefore, agree that, before either Carrier or Priority Puppy demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Mutual Arbitration Agreement.
3. If, following the informal resolution attempt, either Carrier or Priority Puppy wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought and (4) the amount in controversy.
4. Carrier agrees and acknowledges that entering into this Mutual Arbitration Provision does not change Carrier's status as an independent contractor in fact and law, that Carrier is not an empl...
Mutual Arbitration Provision. Arbitration. Any controversy or dispute between You and Company or any of their respective owners, shareholders, partners, members, directors, managers, officers, employees, agents or affiliates arising from or in any way related to the Terms of Use or the termination thereof, including but not limited to the validity, formation, enforceability, construction, scope or application of the Terms of Use, shall be resolved exclusively by final and binding arbitration, before a single arbitrator, administered by the American Arbitration Association under its then applicable Commercial Arbitration Rules. These rules and other information regarding the administration of claims in arbitration can be found at ▇▇▇.▇▇▇.▇▇▇. You are encouraged to review these rules prior to accepting the Terms of Use.
Mutual Arbitration Provision. 1. CONTRACTOR and RAD mutually agree to this arbitration agreement, which is governed by the applicable arbitration statute in the province in which CONTRACTOR performs the majority of the services covered by this Agreement (the “Applicable Provincial Arbitration Statute”) and shall apply to any and all claims arising out of or relating to this Agreement, CONTRACTOR's classification as an independent contractor, CONTRACTOR's provision of Contracted Services to consumers, the payments received by CONTRACTOR for providing services to consumers, the termination of this Agreement, and all other aspects of CONTRACTOR's relationship with RAD, past, present or future, whether arising under federal, provincial or local statutory and/or common law, including without limitation harassment, discrimination or retaliation claims and human rights claims, claims relating to wage and hour laws, provincial and local statutes or regulations addressing the same or similar subject matters, and all other federal, provincial or local claims arising out of or relating to CONTRACTOR's relationship or the termination of that relationship with RAD. The parties expressly agree that this Agreement shall be governed by the Applicable Provincial Arbitration Statute even in the event CONTRACTOR and/or RAD are otherwise exempted from the Applicable Provincial Arbitration Statute. Any disputes in this regard shall be resolved exclusively by an arbitrator, except as explicitly set out below in Section XI (6).
Mutual Arbitration Provision. This Arbitration Provision is governed by the Federal Arbitration Act, 9. U.S.C. § 1 et seq. (“FAA”) and evidences a transaction of interstate commerce. This Arbitration Provision applies to any dispute arising out of or related to this Agreement or termination of this Agreement and survives after the Agreement terminates. This mutual Arbitration Provision requires you to resolve any claim that you may have against the Company on an individual basis pursuant to the terms of the Agreement unless you choose to opt out of the Arbitration Provision, except as provided below. This provision will preclude you from bringing any class, collective, or representative action against the Company, and also precludes you from participating in or recovering relief under any current or future class, collective, or representative action brought against the Company by someone else. This Agreement is intended to require arbitration of every claim or dispute that lawfully can be arbitrated, except those claims and disputes which by the terms of this Agreement are expressly excluded from the Arbitration Provision. Except as to the enforceability of the Class Action Waiver in Section 14.0, such disputes include without limitation disputes arising out of or related to the interpretation or application of this Arbitration Provision, including the enforceability, revocability, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an Arbitrator and not by a court or judge. However, as set forth below, the preceding sentences shall not apply to disputes relating to the interpretation or application of the Class Action Waiver below, including their enforceability, revocability, or validity. Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to all disputes between you and the Company, as well as all disputes between you and the Company’s fiduciaries, administrators, affiliates, subsidiaries, parents, and all successors and assigns of any of them, including, but not limited to any disputes arising out of or related to this Agreement and disputes arising out of or related to your relationship with the Company, including termination of the relationship. This Arbitration Provision shall, likewise, apply to any and all claims arising out of or relating to this Arbitration Provision, the Service Provider’s classification as an independent contractor, Service Provider’s provision ...
Mutual Arbitration Provision
