Common use of Notice and Cure; Special Payment Clause in Contracts

Notice and Cure; Special Payment. Prior to initiating a Claim, you may send us a written Dispute Claim Notice. In order for a Dispute Claim Notice to be valid and effective, it must: (1) state your name, address and Account number; (2) be signed by you; (3) describe the basis of your Claim and the amount you would accept to resolve the Claim; (4) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (5) be sent to us by certified mail, return receipt requested, at WSFS Bank, Legal Department, 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attn: Dispute Claim Notice. This is the only method by which you can submit a Dispute Claim Notice. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. If, and only if, (i) you submit a Dispute Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the relief you request before an arbitrator is appointed; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a single Dispute Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated.

Appears in 10 contracts

Samples: Card Agreement, Credit Card Agreement, Card Agreement

AutoNDA by SimpleDocs

Notice and Cure; Special Payment. Prior to initiating asserting a ClaimClaim in litigation or arbitration, you may send us the party asserting the Claim (the “Claimant”) shall give the other party (the “Potential Defendant”) written notice of the Claim (a written Dispute Claim Notice. In order for a Dispute Claim Notice to be valid ”) and effective, it must: (1) state your name, address and Account number; (2) be signed by you; (3) describe the basis of your Claim and the amount you would accept to resolve the Claim; (4) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (5) be sent to us by certified mail, return receipt requested, at WSFS Bank, Legal Department, 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attn: Dispute Claim Notice. This is the only method by which you can submit a Dispute Claim Notice. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. IfThe resolution period shall be at least 30 days except for Claims requiring some form of expedited injunctive relief in a shorter period. Any Claim Notice to you shall be sent in writing to the current address we have for you in our records. Any Claim Notice to us shall be sent by mail to “General Counsel, Attn: Claim Notice, P.O. Box 4019, Gulfport, MS 39502” (or any updated address we subsequently provide). If there are multiple parties on the account, the Claim Notice may be sent to or by any of you. Any Claim Notice you send must provide your name and account number, as well as your address and a phone number where you can be reached during normal business hours. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. A Claim Notice from us may be in the form of a collection letter or a notice demanding payment of a negative balance under the account. You may only ifsubmit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the Potential Defendant reasonably requests. If (i1) you submit a Dispute Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party) in accordance with this subparagraph and otherwise comply with this subparagraph (including its resolution and cooperation provisions); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii2) we refuse to provide you with the relief you request before an arbitrator is appointedrequest; and (iv3) the matter then proceeds to arbitration and the an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you will be entitled to a minimum award of at least $7,500 (not including 10,000 and will also require us to pay any arbitration fees and attorneys’ other fees and costs to which you will also be are entitled). We encourage you to address all Claims you have in a single Dispute Claim Notice and/or a single arbitration. Accordingly, this $7,500 10,000 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 10,000 are not contemplated. If a Claimant fails to comply with the requirements of this subparagraph, the Potential Defendant may seek an order requiring the Claimant to comply before the Claimant further pursues the Claim. However, the Claimant’s assertion of a Claim in litigation or arbitration without initially complying with this subparagraph will not otherwise impair any of the Claimant’s rights (including your rights under this subparagraph), even if the statute of limitations for the Claim expires before the end of the period provided in this subparagraph for the parties to attempt to resolve the Claim.

Appears in 3 contracts

Samples: Deposit Agreement, Deposit Agreement, www.hancockwhitney.com

Notice and Cure; Special Payment. Prior to initiating asserting a ClaimClaim in litigation or arbitration, you may send us the party asserting the Claim (the “Claimant”) shall give the other party (the “Potential Defendant”) written notice of the Claim (a written Dispute Claim Notice. In order for a Dispute Claim Notice to be valid ”) and effective, it must: (1) state your name, address and Account number; (2) be signed by you; (3) describe the basis of your Claim and the amount you would accept to resolve the Claim; (4) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (5) be sent to us by certified mail, return receipt requested, at WSFS Bank, Legal Department, 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attn: Dispute Claim Notice. This is the only method by which you can submit a Dispute Claim Notice. You must give us a reasonable opportunity, not less than 30 days, opportunity to resolve the Claim. IfThe resolution period shall be at least 30 days except for Claims requiring some form of expedited injunctive relief in a shorter period. Any Claim Notice to you shall be sent in writing to the current address we have for you in our records. Any Claim Notice to us shall be sent by mail to the Registered Agent, P.O. Box 1337, Zebulon, Georgia 30295, Attn: Claim Notice (or any updated address we subsequently provide). If there are multiple parties on the account, the Claim Notice may be sent to any of you. Any Claim Notice you send must provide your name and account number(s), as well as your address and a phone number where you can be reached during normal business hours. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. A Claim Notice from us may be in the form of a collection letter or a notice demanding payment of a negative balance under the account. You may only ifsubmit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the Potential Defendant reasonably requests. If (ia) you submit a Dispute Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party) in accordance with this subparagraph “n” and otherwise comply with this subparagraph “n” (including its resolution and cooperation provisions); (ii) you cooperate with us by promptly providing the information we reasonably request; (iiib) we refuse to provide you with the relief you request before an arbitrator is appointedrequest; and (ivc) the matter then proceeds to arbitration and the an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you will be entitled to a minimum award of at least $7,500 (not including 10,000 and will also require us to pay any arbitration fees and attorneys’ other fees and costs to which you are entitled. If a Claimant fails to comply with the requirements of this subparagraph “n”, the Potential Defendant may seek an order requiring the Claimant to comply before the Claimant further pursues the Claim. However, the Claimant’s assertion of a Claim in litigation or arbitration without initially complying with this subparagraph “n” will also be entitlednot otherwise impair any of the Claimant’s rights (including your rights under this subparagraph “n”). We encourage you , even if the statute of limitations for the Claim expires before the end of the period provided in this subparagraph “n” for the parties to address all Claims you have in a single Dispute Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies attempt to all Claims you have asserted or could have asserted in resolve the arbitration, and multiple awards of $7,500 are not contemplatedClaim.

Appears in 3 contracts

Samples: Electronic Banking Agreement, Electronic Banking Agreement, www.accessunited.com

Notice and Cure; Special Payment. Prior to initiating asserting a ClaimClaim in litigation or arbitration, you may send us the party asserting the Claim (the “Claimant”) shall give the other party (the “Potential Defendant”) written notice of the Claim (a written Dispute Claim Notice. In order for a Dispute Claim Notice to be valid ”) and effective, it must: (1) state your name, address and Account number; (2) be signed by you; (3) describe the basis of your Claim and the amount you would accept to resolve the Claim; (4) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (5) be sent to us by certified mail, return receipt requested, at WSFS Bank, Legal Department, 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attn: Dispute Claim Notice. This is the only method by which you can submit a Dispute Claim Notice. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. IfThe resolution period shall be at least 30 days except for Claims requiring some form of expedited injunctive relief in a shorter period. Any Claim Notice to you shall be sent in writing to the current address we have for you in our records. Any Claim Notice to us shall be sent by mail to Firstrust Bank, 0 Xxxxxx Xxxxx Xxxxx, Xxxxxxx, XX 00000, Attn: Claim Notice (or any updated address we subsequently provide). If there are multiple parties on the account, the Claim Notice may be sent to or by any of you. Any Claim Notice you send must provide your name and account number, as well as your address and a phone number where you can be reached during normal business hours. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. A Claim Notice from us may be in the form of a collection letter or a notice demanding payment of a negative balance under the account. You may only ifsubmit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the Potential Defendant reasonably requests. If (i1) you submit a Dispute Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party) in accordance with this subparagraph and otherwise comply with this subparagraph (including its resolution and cooperation provisions); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii2) we refuse to provide you with the relief you request before an arbitrator is appointedrequest; and (iv3) the matter then proceeds to arbitration and the an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you will be entitled to a minimum award of at least $7,500 (not including and will also require us to pay any arbitration fees and attorneys’ other fees and costs to which you will also be are entitled). We encourage you to address all Claims you have in a single Dispute Claim Notice and/or a single arbitration. Accordingly, this This $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and ; multiple awards of $7,500 are not contemplatedpermitted, either in a single arbitration or in successive arbitrations. If a Claimant fails to comply with the requirements of this subparagraph, the Potential Defendant may seek an order requiring the Claimant to comply before the Claimant further pursues the Claim. However, the Claimant’s assertion of a Claim in litigation or arbitration without initially complying with this subparagraph will not otherwise impair any of the Claimant’s rights (including your rights under this subparagraph), even if the statute of limitations for the Claim expires before the end of the period provided in this subparagraph for the parties to attempt to resolve the Claim.

Appears in 2 contracts

Samples: Retail Account Agreement, www.firstrust.com

Notice and Cure; Special Payment. Prior to initiating asserting a ClaimClaim in litigation or arbitration, you may send us the party asserting the Claim (the “Claimant”) shall give the other party (the “Potential Defendant”) written notice of the Claim (a written Dispute Claim Notice. In order for a Dispute Claim Notice to be valid ”) and effective, it must: (1) state your name, address and Account number; (2) be signed by you; (3) describe the basis of your Claim and the amount you would accept to resolve the Claim; (4) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (5) be sent to us by certified mail, return receipt requested, at WSFS Bank, Legal Department, 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attn: Dispute Claim Notice. This is the only method by which you can submit a Dispute Claim Notice. You must give us a reasonable opportunity, not less than 30 days, opportunity to resolve the Claim. IfThe resolution period shall be at least 30 days except for Claims requiring some form of expedited injunctive relief in a shorter period. Any Claim Notice to you shall be sent in writing to the current address we have for you in our records. Any Claim Notice to us shall be sent by mail to the General Counsel, Renasant Bank, P. O. Xxx 000, Xxxxxx, XX 00000- 0709, Attn: Claim Notice (or any updated address we subsequently provide). If there are multiple parties on the account, the Claim Notice may be sent to any of you. Any Claim Notice you send must provide your name and account number, as well as your address and a phone number where you can be reached during normal business hours. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. A Claim Notice from us may be in the form of a collection letter or a notice demanding payment of a negative balance under the account. You may only ifsubmit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the Potential Defendant reasonably requests. If (ia) you submit a Dispute Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party) in accordance with this subparagraph “n” and otherwise comply with this subparagraph “n” (including its resolution and cooperation provisions); (ii) you cooperate with us by promptly providing the information we reasonably request; (iiib) we refuse to provide you with the relief you request before an arbitrator is appointedrequest; and (ivc) the matter then proceeds to arbitration and the an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you will be entitled to a minimum award of at least $7,500 (not including 10,000 and will also require us to pay any arbitration fees and attorneys’ other fees and costs to which you are entitled. If a Claimant fails to comply with the requirements of this subparagraph “n”, the Potential Defendant may seek an order requiring the Claimant to comply before the Claimant further pursues the Claim. However, the Claimant’s assertion of a Claim in litigation or arbitration without initially complying with this subparagraph “n” will also be entitlednot otherwise impair any of the Claimant’s rights (including your rights under this subparagraph “n”). We encourage you , even if the statute of limitations for the Claim expires before the end of the period provided in this subparagraph “n” for the parties to address all Claims you have in a single Dispute Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies attempt to all Claims you have asserted or could have asserted in resolve the arbitration, and multiple awards of $7,500 are not contemplatedClaim.

Appears in 2 contracts

Samples: Deposit Account Agreement, Deposit Account Agreement

Notice and Cure; Special Payment. Prior to initiating a Claim, you may send give us a written Dispute Claim Notice. In order for a Dispute Claim Notice to be valid and effective, it must: (1) state your name, address and Account number; (2) be signed by you; (3) describe describing the basis of your Claim and the amount you would accept in resolution of the Claim, and a reasonable opportunity, not less than thirty (30) days, to resolve the Claim; (4) state that you are exercising your rights under the “. Such a Claim Notice and Cure” paragraph of the Arbitration Provision; and (5) must be sent to us by certified mail, return receipt requested, at WSFS Bank, SunTrust Bank Legal Department, Attn: General Counsel-Claim Notice, Mail Code 0643, 000 Xxxxxxxx Xxxxxxxxx Xxxxxx, XxxxxxxxxxX.X., XX 00xx Xxxxx, Xxxxxxx, Xxxxxxx 00000, Attn: Dispute Claim Notice. This is the sole and only method by which you can submit a Dispute Claim Notice. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. If, and only if, If (i) you submit a Dispute Claim Notice in accordance with this paragraph Paragraph on your own behalf (and not on behalf of any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the relief you request before an arbitrator is appointedrequest; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a single Dispute Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated. Right to Reject Arbitration Agreement. You may reject this arbitration agreement and therefore not be subject to being required to resolve any claim, dispute or controversy by arbitration. To reject this arbitration agreement, you must send us written notice of your decision so that we receive it at the address listed below within fo ty-five (45) days of the opening of your Account. Such notice must include a statement that you wish to reject the arbitration agreement section of these rules and regulations along with your name, address, Account name, Account number and your signature and must be mailed to the SunTrust Bank Legal Department, Attn: Arbitration Rejection, P.O. Box 2848, Mail Code 2034, Orlando, FL 32802-2848. This is the sole and only method by which you can reject this arbitration agreement and any attempt to reject this arbitration agreement through any other method or form of notice, including the filing of a lawsuit, will be ineffective. Rejection of this arbitration agreement will not affect any remaining terms of these rules and regulations and will not result in any adverse consequence to you or your Account. You agree that our business records will be final and conclusive with respect to whether you rejected this arbitration agreement in a timely and proper fashion. This arbitration agreement provision will apply to you and us and to your Account unless you reject it by providing proper and timely notice as stated herein.

Appears in 1 contract

Samples: Arbitration Agreement

Notice and Cure; Special Payment. Prior to initiating a Claim, you may send give us a written Dispute Claim Notice. In order for a Dispute Claim Notice to be valid and effective, it must: (1) state your name, address and Account number; (2) be signed by you; (3) describe describing the basis of your Claim and the amount you would accept in resolution of the Claim, and a reasonable opportunity, not less than thirty (30) days, to resolve the Claim; (4) state that you are exercising your rights under the “. Such a Claim Notice and Cure” paragraph of the Arbitration Provision; and (5) must be sent to us by certified mail, return receipt requested, at WSFS Bank, SunTrust Bank Legal Department, 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attn: Dispute General Counsel-Claim Notice, Mail Code 0643, 000 Xxxxxxxxx Xxxxxx X.X., 00xx Xxxxx, Xxxxxxx, Xxxxxxx 00000. This is the sole and only method by which you can submit a Dispute Claim Notice. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. If, and only if, If (i) you submit a Dispute Claim Notice in accordance with this paragraph Paragraph on your own behalf (and not on behalf of any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the relief you request before an arbitrator is appointedrequest; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration fees and attorneys' fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a single Dispute Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated. Right to Reject Arbitration Provision: You may reject this Arbitration Provision and therefore not be subject to being required to resolve any claim, dispute or controversy by arbitration. To reject this Arbitration Provision, you, and only you personally, must send us written notice of your decision so that we receive it at the address listed below within forty-five (45) days of the opening date of your Credit (the date of your Agreement). Such notice must include a statement that you wish to reject this Arbitration 8951096 Loan Agreement Number 1 6 | Page ELECTRONICALLY FILED - 2018 Jul 31 11:03 AM - GREENVILLE - COMMON PLEAS - CASE#2018CP2304041 Provision along with your name, address, account name, account number and your signature and must be mailed to the SunTrust Bank Legal Department, Attn: Arbitration Rejection, P.O. Box 4418, Mail Code 0643, Xxxxxxx, XX 00000-0000. This is the sole and only method by which you can reject this Arbitration Provision and any attempt to reject this Arbitration Provision by any other person or through any other method or form of notice, including the filing of a lawsuit, will be ineffective. Rejection of this Arbitration Provision will not affect any remaining terms of this Credit and will not result in any adverse consequence to you or your Credit. You agree that our business records will be final and conclusive with respect to whether you rejected this Arbitration Provision in a timely and proper fashion. This Arbitration Provision will apply to you and us and to your Credit unless you reject it by providing proper and timely notice as stated herein.

Appears in 1 contract

Samples: Loan Agreement

AutoNDA by SimpleDocs

Notice and Cure; Special Payment. Prior to initiating asserting a ClaimClaim in litigation or arbitration, you may send us the party asserting the Claim (the “Claimant”) shall give the other party (the “Potential Defendant”) written notice of the Claim (a written Dispute Claim Notice. In order for a Dispute Claim Notice to be valid ”) and effective, it must: (1) state your name, address and Account number; (2) be signed by you; (3) describe the basis of your Claim and the amount you would accept to resolve the Claim; (4) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (5) be sent to us by certified mail, return receipt requested, at WSFS Bank, Legal Department, 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attn: Dispute Claim Notice. This is the only method by which you can submit a Dispute Claim Notice. You must give us a reasonable opportunity, not less than 30 days, opportunity to resolve the Claim. IfThe resolution period shall be at least 30 days except for Claims requiring some form of expedited injunctive relief in a shorter period. Any Claim Notice to you shall be sent in writing to the current address we have for you in our records. Any Claim Notice to us shall be sent by mail to the General Counsel, Renasant Bank, P. O. Box 709, Tupelo, MS 38802- 0709, Attn: Claim Notice (or any updated address we subsequently provide). If there are multiple parties on the account, the Claim Notice may be sent to any of you. Any Claim Notice you send must provide your name and account number, as well as your address and a phone number where you can be reached during normal business hours. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. A Claim Notice from us may be in the form of a collection letter or a notice demanding payment of a negative balance under the account. You may only ifsubmit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the Potential Defendant reasonably requests. If (ia) you submit a Dispute Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party) in accordance with this subparagraph “n” and otherwise comply with this subparagraph “n” (including its resolution and cooperation provisions); (ii) you cooperate with us by promptly providing the information we reasonably request; (iiib) we refuse to provide you with the relief you request before an arbitrator is appointedrequest; and (ivc) the matter then proceeds to arbitration and the an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you will be entitled to a minimum award of at least $7,500 (not including 10,000 and will also require us to pay any arbitration fees and attorneys’ other fees and costs to which you are entitled. If a Claimant fails to comply with the requirements of this subparagraph “n”, the Potential Defendant may seek an order requiring the Claimant to comply before the Claimant further pursues the Claim. However, the Claimant’s assertion of a Claim in litigation or arbitration without initially complying with this subparagraph “n” will also be entitlednot otherwise impair any of the Claimant’s rights (including your rights under this subparagraph “n”). We encourage you , even if the statute of limitations for the Claim expires before the end of the period provided in this subparagraph “n” for the parties to address all Claims you have in a single Dispute Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies attempt to all Claims you have asserted or could have asserted in resolve the arbitration, and multiple awards of $7,500 are not contemplatedClaim.

Appears in 1 contract

Samples: Deposit Account Agreement

Notice and Cure; Special Payment. Prior to initiating asserting a ClaimClaim in litigation or arbitration, you may send us the party asserting the Claim (the “Claimant”) shall give the other party (the “Potential Defendant”) written notice of the Claim (a written Dispute Claim Notice. In order for a Dispute Claim Notice to be valid ”) and effective, it must: (1) state your name, address and Account number; (2) be signed by you; (3) describe the basis of your Claim and the amount you would accept to resolve the Claim; (4) state that you are exercising your rights under the “Notice and Cure” paragraph of the Arbitration Provision; and (5) be sent to us by certified mail, return receipt requested, at WSFS Bank, Legal Department, 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attn: Dispute Claim Notice. This is the only method by which you can submit a Dispute Claim Notice. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. IfThe resolution period shall be at least 30 days except for Claims requiring some form of expedited injunctive relief in a shorter period. Any Claim Notice to you shall be sent in writing to the current address we have for you in our records. Any Claim Notice to us shall be sent by mail to Firstrust Bank, 0 Xxxxxx Xxxxx Xxxxx, Xxxxxxx, XX 00000, Attn: Claim Notice (or any updated address we subsequently provide). If there are multiple parties on the Account, the Claim Notice may be sent to or by any of you. Any Claim Notice you send must provide your name and Account number, as well as your address and a phone number where you can be reached during normal business hours. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. A Claim Notice from us may be in the form of a collection letter or a notice demanding payment of a negative balance in the Account. You may only ifsubmit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the Potential Defendant reasonably requests. If (i1) you submit a Dispute Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party) in accordance with this subparagraph, and otherwise comply with this subparagraph (including its resolution and cooperation provisions); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii2) we refuse to provide you with the relief you request before an arbitrator is appointedrequest; and (iv3) the matter then proceeds to arbitration and the an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you will be entitled to a minimum award of at least $7,500 (not including and will also require us to pay any arbitration fees and attorneys’ other fees and costs to which you will also be are entitled). We encourage you to address all Claims you have in a single Dispute Claim Notice and/or a single arbitration. Accordingly, this This $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and ; multiple awards of $7,500 are not contemplatedpermitted, either in a single arbitration or in successive arbitrations. If a Claimant fails to comply with the requirements of this subparagraph, the Potential Defendant may seek an order requiring the Claimant to comply before the Claimant further pursues the Claim. However, the Claimant’s assertion of a Claim in litigation or arbitration without initially complying with this subparagraph will not otherwise impair any of the Claimant’s rights (including your rights under this subparagraph), even if the statute of limitations for the Claim expires before the end of the period provided in this subparagraph for the parties to attempt to resolve the Claim.

Appears in 1 contract

Samples: Retail Account Agreement

Notice and Cure; Special Payment. Prior to initiating a Claim, you may send give us a written Dispute Claim Notice. In order for a Dispute Claim Notice to be valid and effective, it must: (1) state your name, address and Account number; (2) be signed by you; (3) describe describing the basis of your Claim and the amount you would accept in resolution of the Claim, and a reasonable opportunity, not less than thirty (30) days, to resolve the Claim; (4) state that you are exercising your rights under the “. Such a Claim Notice and Cure” paragraph of the Arbitration Provision; and (5) must be sent to us by certified mail, return receipt requested, at WSFS Bank, Truist Bank Legal Department, 000 Xxxxxxxx Xxxxxx, Xxxxxxxxxx, XX 00000, Attn: Dispute General Counsel-Claim Notice, Mail Code 0643, 300 Xxxxxxxxx Xxxxxx X.X., 0xx Xxxxx, Xxxxxxx, Xxxxxxx 00000. This is the sole and only method by which you can submit a Dispute Claim Notice. You must give us a reasonable opportunity, not less than 30 days, to resolve the Claim. If, and only if, If (i) you submit a Dispute Claim Notice in accordance with this paragraph Paragraph on your own behalf (and not on behalf of any other party); (ii) you cooperate with us by promptly providing the information we reasonably request; (iii) we refuse to provide you with the relief you request before an arbitrator is appointedrequest; and (iv) the matter then proceeds to arbitration and the arbitrator subsequently determines that you were entitled to such relief (or greater relief), you will be entitled to a minimum award of at least $7,500 (not including any arbitration fees and attorneys’ fees and costs to which you will also be entitled). We encourage you to address all Claims you have in a single Dispute Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated.. Loan Agreement Number 63165223 12 | P a g e

Appears in 1 contract

Samples: Promissory Note and Debt Assumption (Amphitrite Digital Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.