PARTICIPATE IN A CLASS ACTION Sample Clauses

PARTICIPATE IN A CLASS ACTION. Exceptions. Despite the provisions above, either party may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim. - Arbitrator. Any arbitration between you and Climate will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at xxx.xxx.xxx, by calling the AAA at 0-000-000-0000, or by contacting Climate.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
PARTICIPATE IN A CLASS ACTION. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against any Metal entity on an individual basis in arbitration, as set forth in this Agreement to Arbitrate. This will preclude you from bringing any class, collective, or representative action against any Metal X entity, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against any Metal X entity by someone else. You and each of the Metal X Parties agree that any claim or dispute at law or equity arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Service at any time, whether before or after the date you agreed to these Terms will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it: • Affects your rights and will impact how claims you and we have against each other are resolved. • Includes a Prohibition of Class and Representative Actions and Non- Individualized Relief pursuant to which you agree to waive your right to participate in a class action, representative, collective, or consolidated lawsuit against us. Agreement to Arbitrate
Sample 1Sample 2
PARTICIPATE IN A CLASS ACTION. For any and all disputes or claims you have, you must first give CVS an opportunity to resolve your claim by sending a written description of your claim to CVS’s registered agent at this address: CVS Pharmacy, Inc. c/o CT Corporation System 000 Xxxxxxxx Xxxxxxxx Xxxxxxx, Xxxxx 0X Xxxx Xxxxxxxxxx, XX 00000 You and CVS each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time. If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or CVS may start an arbitration or small claims court proceeding. The Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available by calling 0-000-000-0000 or at xxxxx://xxx.xxx.xxx/sites/default/files/Consumer_Rules_Web_1.pdf), as amended by these terms. If AAA fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator, but will not decide arbitrability or any other aspect of the parties’ dispute (except if either party files a small claims court matter). We will pay or reimburse arbitration filing, administration, and arbitrator fees. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis. If a court or arbitrator finds in any action between you and CVS that any part of this arbitration agreement and class action waiver is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that you or CVS may assert in that or any other action. If any other provision of this Dispute Resolution provision is found unenforceable, the other parts of it shall continue to apply. You reserve your ability to bring claims in small claims court to the extent of that court’s jurisdiction.
Sample 1
PARTICIPATE IN A CLASS ACTION. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act shall govern this agreement to arbitrate. The neutral arbitrator has the authority to award whatever relief would be available in court under law or in equity.
Sample 1
PARTICIPATE IN A CLASS ACTION. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against any Metal entity on an individual basis in arbitration, as set forth in this Agreement to Arbitrate. This will preclude you from bringing any class, collective, or representative action against any Metal X entity, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against any Metal X entity by someone else. You and each of the Metal X Parties agree that any claim or dispute at law or equity arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Service at any time, whether before or after the date you agreed to these Terms will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it: • Affects your rights and will impact how claims you and we have against each other are resolved. • Includes a Prohibition of Class and Representative Actions and Non- Individualized Relief pursuant to which you agree to waive your right to participate in a class action, representative, collective, or consolidated lawsuit against us. Agreement to Arbitrate your access to or use of the Services at any time, whether before or after the date you agreed to these Terms, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted.
Sample 1
PARTICIPATE IN A CLASS ACTION. Exceptions. Despite the provisions above, either party may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim. - Arbitrator. Any arbitration between you and Monsanto will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes as updated from time to time (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at xxx.xxx.xxx, by calling the AAA at 1-800-778- 7879, or by contacting Monsanto. To the extent that there is no conflict or inconsistency between the AAA Rules and the provisions of The Arbitration Act of Manitoba, as amended (the “Act”), the provisions of the Act will apply to such arbitration, provided always that in the event of any such conflict or inconsistency, the provisions of the AAA Rules will govern.
Sample 1
PARTICIPATE IN A CLASS ACTION. Despite the provisions above, either you or Climate may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
Sample 1
AutoNDA by SimpleDocs

Related to PARTICIPATE IN A CLASS ACTION

  • CLASS ACTIONS The Custodian shall use its best efforts to identify and file claims for the Fund(s) involving any class action litigation that impacts any security the Fund(s) may have held during the class period. The Trust agrees that the Custodian may file such claims on its behalf and understands that it may be waiving and/or releasing certain rights to make claims or otherwise pursue class action defendants who settle their claims. Further, the Trust acknowledges that there is no guarantee these claims will result in any payment or partial payment of potential class action proceeds and that the timing of such payment, if any, is uncertain. However, the Trust may instruct the Custodian to distribute class action notices and other relevant documentation to the Fund(s) or its designee and, if it so elects, will relieve the Custodian from any and all liability and responsibility for filing class action claims on behalf of the Fund(s). In the event the Fund(s) are closed, the Custodian shall only file the class action claims upon written instructions by an authorized representative of the closed Fund(s). Any expenses associated with such filing will be assessed against the proceeds received of any class action settlement.

  • No Class Actions Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a Claim, neither you nor we will have the right to: (i) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (ii) act as a private attorney general in court or in arbitration; or (iii) join or consolidate your Claims with claims of any other person, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.

  • Proxies; Class Actions (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

  • Class Action Filings The Sub-Adviser is not responsible for making any class action filings on behalf of the Trust.

  • Litigation; Decrees There is no Litigation pending or, to the Buyer’s knowledge, threatened in writing that challenges the validity or enforceability of this Agreement or seeks to enjoin or prohibit consummation of the transactions contemplated hereby. Neither Buyer nor any of its Subsidiaries is subject to any outstanding Decree that would prevent or materially impair or delay Buyer’s ability to consummate the transactions contemplated hereby or perform its obligations hereunder on a timely basis.

  • Class Action Waiver THE PARTIES AGREE THAT ANY CLAIMS WILL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, PAGA, OR OTHER JOINT ACTION WITH RESPECT TO THE CLAIMS.

  • Initiation – Written Claim The claimant initiates a claim by submitting to the Plan Administrator a written claim for the benefits. If such a claim relates to the contents of a notice received by the claimant, the claim must be made within sixty (60) days after such notice was received by the claimant. All other claims must be made within one hundred eighty (180) days of the date on which the event that caused the claim to arise occurred. The claim must state with particularity the determination desired by the claimant.

  • Interest Unpaid Class Accrued Certificate Interest Shortfalls Interest Class Interest Payable Pay-out Rate ----- -------- ------------------- ------- ------------ PO2 $ 0.00 $ 0.00 $ 0.00 % 0.000000000 2A1 $ 235,400.00 $ 0.00 $ 235,400.00 % 6.600000000 2A2 $ 127,997.92 $ 0.00 $ 127,997.92 % 6.550000171 2A3 $ 9,258.33 $ 0.00 $ 9,258.33 % 6.749997553 2A4 $ 314,134.25 $ 0.00 $ 314,134.25 % 5.812500000 2A5 $ 118,222.36 $ 0.00 $ 118,222.36 % 11.358153172 2A6 $ 27,022.30 $ 0.00 $ 27,022.30 % 7.499999705 2A7 $ 0.00 $ 0.00 $ 0.00 % 0.000000000 2A8 $ 5,537.40 $ 0.00 $ 0.00 % 6.749997303 2A9 $ 178,875.00 $ 0.00 $ 178,875.00 % 6.750000000 2R $ 0.56 $ 0.00 $ 0.56 % 6.720000000 2RL $ 0.56 $ 0.00 $ 0.56 % 6.720000000 2M $ 20,782.11 $ 0.00 $ 20,782.11 % 6.749998691 2B1 $ 8,429.58 $ 0.00 $ 8,429.58 % 6.749999865 2B2 $ 4,495.40 $ 0.00 $ 4,495.40 % 6.749997063 2B3 $ 4,495.40 $ 0.00 $ 4,495.40 % 6.749997063 2B4 $ 2,250.51 $ 0.00 $ 2,250.51 % 6.750008717 2B5 $ 4,495.86 $ 0.00 $ 4,495.86 % 6.750007347

  • Class Grievance Class grievance involving one or more Members of the Bargaining Unit or one or more supervisors, and grievances involving an administrator above the building level may be initially filed by the Association.

  • SPECIALIZED JOB CLASSES Where there is a particular specialized job class in which the pay rate is below the local market value assessment of that job class, the parties may use existing means under the collective agreement to adjust compensation for that job class.

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