Small Claims Exception Sample Clauses

Small Claims Exception. The only exception to the exclusivity of arbitration is that you and Custodian retain the right to bring individual claims in a small-claims court of competent jurisdiction in the county in which you reside or in Cuyahoga County, Ohio, but only if your claims are within the jurisdiction of small-claims court. This exception does not change or affect your agreement not to participate in or be a member of any class action or other representative action or proceeding against Custodian.
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Small Claims Exception. Notwithstanding the foregoing, either you, Lead Bank, or Program Manager may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined solely by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the arbitrator to decide, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you, Lead Bank, or Program Manager challenges the small claims court election in your dispute, and the small claims court determines that it does not have jurisdiction, then the claim shall be heard in arbitration. However, such court determination shall not be considered or deemed binding with respect to Program Manager’s other contracting parties.
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Small Claims Exception. Any dispute or claim arising out of or related to this Agreement that is not resolved in mediation and that the parties agree involves an amount of less than $5,000 (or the maximum limit allowed in the Small Claims Court) must be heard in the Small Claims Division of the Municipal Court in the county where the Contractor's office is located. Any controversy or claim arising out of or related to this Agreement which, in the opinion of one or both parties, is over the dollar limit of the Small Claims Court must be settled by binding arbitration, as described below.
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Small Claims Exception. Any dispute or claim arising out of or related to this Agreement that the Parties agree involves an amount less than $10,000 (or the maximum jurisdictional limit of the court) must be heard in the Small Claim Division of the Court in the county where Property is located. Any controversy or claim arising out of or related to this Agreement which in the opinion or one or both parties is over the dollar limit of the Small Claims Court must be settled by binding arbitration as described below
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Small Claims Exception. Notwithstanding any language contained herein to the contrary, neither you nor we are required to arbitrate claims that are limited in amount to $5000, and not litigated as a class action. If either of us initiates such a proceeding in court, and any claim (including counterclaims, cross-claims or third-party claims) is added to the case that exceeds the limited amount above, or if claims of or on behalf of a class are alleged, then the entire case must be arbitrated. Neither of us will be deemed to have waived our right to arbitrate by filing or litigating a claim that is within this exception.
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Related to Small Claims Exception

  • Small Claims Court Notwithstanding anything herein to the contrary, each party retains the right to pursue in Small Claims Court any dispute within that court’s jurisdiction. Further, this arbitration provision shall apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the Small Claims Court.

  • All Claims Must be Arbitrated It is the intention of the parties that this agreement bind all parties whose claims may arise out of or relate to treatment or service provided by the physician including any spouse or heirs of the patient and any children, whether born or unborn at the time of the occurrence giving rise to any claim. In the case of any pregnant mother, the term “patient” herein shall mean both the mother and the mother’s expected child or children. All claims for monetary damages exceeding the jurisdictional limit of the small court against the physician, and physician’s partners, associates, association, corporation partnership, and the employees, agents, and estates of any of them, must be arbitrated including, without limitation, claims for loss of consortium, wrongful death, emotional distress, or punitive damages. Filing any action in any court by the physician to collect any fee from the patient shall not waive the right to compel arbitration of any malpractice claim.

  • Unknown Claims Executive acknowledges that Executive has been advised to consult with legal counsel and that Executive is familiar with the principle that a general release does not extend to claims that the releaser does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the releasee. Executive, being aware of this principle, agrees to expressly waive any rights Executive may have to that effect, as well as under any other statute or common law principles of similar effect.]3

  • Claims Plus Claims Plus is a service that provides notice to Registrars that a domain name they are trying to register matches a trademark registered in a trademark database used by the Registry Operator. SPECIFICATION 1 CONSENSUS POLICIES AND TEMPORARY POLICIES SPECIFICATION

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