Common use of Right to Resort to Provisional Remedies Preserved Clause in Contracts

Right to Resort to Provisional Remedies Preserved. Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to interplead funds in the event of a dispute, to exercise any security interest or lien we may hold in property, or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies. These arbitration provisions shall survive (a) termination or changes to Your accounts or any related services; (b) the bankruptcy of any party; and (c) the transfer or assignment of your Accounts or any related services. If any portion of this Resolution of Disputes by Arbitration provision is deemed invalid or unenforceable, the remainder of this Resolution of Disputes by Arbitration provision shall remain in force. No portion of this Resolution of Disputes by Arbitration provision may be amended, severed, or waived absent a written agreement between You and Us.

Appears in 3 contracts

Samples: Membership and Account Agreement, Membership and Savings Account Agreement, Membership and Account Agreement

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Right to Resort to Provisional Remedies Preserved. Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to interplead funds in the event of a dispute, to exercise any security interest or lien we may hold in property, or to comply with legal process, or to obtain provisional remedies. These provisional remedies may include such things as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; , provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies. These arbitration provisions shall survive (a) termination or changes to Your accounts your account(s) or any related services; (b) the bankruptcy of any party; and (c) the transfer or assignment of your Accounts account(s) or any related services. If any portion of this Resolution of Disputes by Arbitration provision is deemed invalid or unenforceable, the remainder of this Resolution of Disputes by Arbitration provision shall remain in force. No portion of this Resolution of Disputes by Arbitration provision may be amended, severed, or waived absent a written agreement between You you and Usus.

Appears in 2 contracts

Samples: Consumer Membership & Account Agreement, Consumer Membership & Account Agreement

Right to Resort to Provisional Remedies Preserved. Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies, such as the right of set-off or the right to restrain funds in an account, to interplead funds in the event of a dispute, to exercise any security interest or lien we may hold in property, or to comply with legal process, or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies. These This arbitration provisions provision shall survive (a) termination or changes to Your accounts or any related services; (b) the bankruptcy of any party; and (c) the transfer or assignment of your Accounts or any related services. If any portion of this Resolution of Disputes by Arbitration arbitration provision is deemed invalid or unenforceable, the remainder of this Resolution of Disputes by Arbitration arbitration provision shall remain in force. No portion of this Resolution of Disputes by Arbitration arbitration provision may be amended, severed, or waived absent a written agreement between You and Us.

Appears in 1 contract

Samples: Consumer Deposit Agreement

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Right to Resort to Provisional Remedies Preserved. Nothing herein shall be deemed to limit or constrain our right to resort to self-help remedies, such as the our federal statutory lien; our right of set-off or off; the right to restrain funds in an account, ; to interplead funds in the event of a dispute, ; to exercise any security interest or lien we may hold in property, or ; to comply with legal process, ; or to obtain provisional remedies such as injunctive relief, attachment, or garnishment by a court having appropriate jurisdiction; provided, however, that you or we may elect to arbitrate any dispute related to such provisional remedies. Severability, Survival. These arbitration provisions shall survive (a) termination or changes to Your accounts or any related services; (b) the bankruptcy of any party; and (c) the transfer or assignment of your Accounts or any related services. If any portion of this Resolution of Disputes by Arbitration provision is deemed invalid or unenforceable, the remainder of this Resolution of Disputes by Arbitration provision shall remain in force. No portion of this Resolution of Disputes by Arbitration provision may be amended, severed, or waived absent a written agreement between You and Us.

Appears in 1 contract

Samples: Membership & Account Agreement

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