Severability and Related Issues. The Arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable, except any determination as to the enforceability of the class/collective action waiver shall be made solely by a court. If the prohibition against class/collective actions is deemed unlawful, then such action shall proceed forward in court as a collective or class action. If an arbitrator finds any other provision of this Agreement unenforceable, a court or arbitrator shall interpret or modify this Agreement, to the extent necessary, for it to be enforceable, subject to the sentence above. This Agreement shall be self-amending; meaning if by law or common law a provision is deemed unlawful or unenforceable that provision and the Agreement automatically, immediately and retroactively shall be amended, modified, and/or altered to be enforceable. The arbitrator shall have no power under this Agreement to consolidate claims and/or to hear a collective or class action.
Appears in 13 contracts
Samples: Employment Agreement (Everi Holdings Inc.), Employment Agreement (Everi Holdings Inc.), Employment Agreement (Everi Holdings Inc.)
Severability and Related Issues. The Arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to to, any claim that all or any part of this Agreement is void or voidable. However, except any determination as to the enforceability of the class/collective action waiver shall be made solely by a court. If a court deems the prohibition against class/collective actions is deemed action waiver unlawful, then such action shall proceed forward in court as a collective collective, representative or class action. If an With the exception of the class/collective action waiver as stated above, the arbitrator finds any other provision of shall modify or amend this Agreement to cure any provision which the arbitrator has deemed unenforceable, a court or arbitrator shall interpret or modify this Agreement, to the extent necessary, for it to be enforceable, subject to the sentence above. This Agreement shall be self-self- amending; meaning if by law or common applicable law a provision is deemed unlawful or unenforceable that provision and the Agreement automatically, immediately and retroactively shall be amended, modified, and/or altered to be enforceable. The arbitrator shall have no power under If this Agreement is determined to consolidate claims and/or be unenforceable and cannot be amended to hear be enforceable or if a collective claim is found not to be subject to this Agreement, such matters shall be subject to a non-jury trial in the federal or class actionstate court that has jurisdiction over the matter.
Appears in 1 contract
Samples: Employment Agreement
Severability and Related Issues. The Arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to to, any claim that all or any part of this Agreement is void or voidable. However, except any determination as to the enforceability of the class/collective action waiver shall be made solely by a court. If a court deems the prohibition against class/collective actions is deemed action waiver unlawful, then such action shall proceed forward in court as a collective collective, representative or class action. If an With the exception of the class/collective action waiver as stated above, the arbitrator finds any other provision of shall modify or amend this Agreement to cure any provision which the arbitrator has deemed unenforceable, a court or arbitrator shall interpret or modify this Agreement, to the extent necessary, for it to be enforceable, subject to the sentence above. This Agreement shall be self-self- amending; meaning if by law or common applicable law a provision is deemed unlawful or unenforceable that provision and the Agreement automatically, shall automatically and immediately and retroactively shall be amended, modified, and/or altered to be enforceable. The arbitrator shall have no power under If this Agreement is determined to consolidate claims and/or be unenforceable and cannot be amended to hear be enforceable or if a collective claim is found not to be subject to this Agreement, such matters shall be subject to a non-jury trial in the federal or class actionstate court that has jurisdiction over the matter.
Appears in 1 contract
Samples: Employment Agreement
Severability and Related Issues. The Arbitrator, and not any federal, state or local court court, or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable, except any determination as to the enforceability of the class/collective action waiver shall be made solely by a court. If the prohibition against class/collective actions is deemed unlawful, then such action shall proceed forward in court as a collective or class action. If an arbitrator finds any other provision of this Agreement unenforceable, a court or arbitrator shall interpret or modify this Agreement, to the extent necessary, for it to be enforceable, subject to the sentence above. This Agreement shall be self-amending; meaning if by law or common law a provision is deemed unlawful or unenforceable that provision and the Agreement automatically, immediately immediately, and retroactively shall be amended, modified, and/or altered to be enforceable. The arbitrator shall have no power under this Agreement to consolidate claims and/or to hear a collective or class action.
Appears in 1 contract
Samples: Employment Agreement (Global Cash Access Holdings, Inc.)