THAN JURY TRIALS OR CLASS ACTIONS Sample Clauses

THAN JURY TRIALS OR CLASS ACTIONS. This agreement (the “Agreement”) applies to your use of the Mercury Consumer Debit MasterCard Card (the “Card”) issued by CHOICE FINANCIAL GROUP, an FDIC insured bank chartered under the laws of the State of North Dakota with a principal place of business of 0000 00xx Xxx. S., Fargo ND 58104 the provider of your Deposit Account(your “Banking Provider”), and contains the terms and conditions between you, your Banking Provider, and Mercury Financial Technologies, Inc. (“Mercury”). As your Banking Provider’s agent, Xxxxxxx is responsible for providing and managing the account associated with your Card (your “Card Account”, or “Account”), and ensuring that you comply with the terms of this Agreement. This supplements the Mercury Terms of Use, the Mercury Privacy Policy, the Banking Provider Agreements, and all other applicable agreements between you, your Banking Provider, and Mercury. In the event of any conflict between this agreement and the Mercury Terms of Use, this agreement will govern and control.
Sample 1
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THAN JURY TRIALS OR CLASS ACTIONS. This agreement applies to your use of the Mercury Commercial Debit MasterCard Card (the “Card”) issued by the FDIC-insured provider of your Deposit Account (your “Banking Provider”), and contains the terms and conditions between you your Banking Provider, and Mercury Financial Technologies, Inc. (“Mercury"). As your Banking Provider’s agent, Xxxxxxx is responsible for providing and managing the account associated with your Card (your “Card Account” or “Account”), and ensuring that you comply with the terms if this agreement. This supplements the Banking Provider Agreement governing your Mercury Commercial Deposit Account (the “Banking Provider Agreement”), and all other applicable agreements between you and your Banking Provider. You will also be subject to Xxxxxxx’s Terms of Use, and Banking Provider is not party to such agreement and has no responsibility or liability in connection with such agreement. In the event of any conflict between this agreement and any other agreement between you and us, this agreement will govern and control, unless explicitly stated otherwise in such other agreement.
Sample 1
THAN JURY TRIALS OR CLASS ACTIONS. 1 Company is a provider of interior design and related services (“Company Services”) and allows members of its referral program, which may mean either the Company’s standard referral program, its 5+1 referral program, or its industry partner program to refer prospective clients to Company in exchange for a fee associated with such program (“Referral Program”). Referrer desires to join the Company Referral Program and, in accordance with the terms of this Agreement and any and all other Company policies communicated to Referrer, introduce Company to persons, natural or otherwise, that are interested in purchasing Company Services. Accordingly, and for good and valuable consideration, and the mutual promises and covenants set forth below, which the parties acknowledge to be sufficient, the parties hereby agree as follows:
Sample 1
THAN JURY TRIALS OR CLASS ACTIONS. This agreement applies to your use of the Mercury Commercial Debit MasterCard Card (the “Card”) issued by the FDIC-insured provider of your Deposit Account (your “Banking Provider”), and contains the terms and conditions between you, your Banking Provider, and Mercury Financial Technologies, Inc. (“Mercury”). As your Banking Provider’s agent, Xxxxxxx is responsible for providing and managing the account associated with your Card (your “Card Account”), and ensuring that you comply with the terms of this . This supplements the Mercury Terms of Use, the Mercury Privacy Policy, the Banking Provider Agreements, and all other applicable agreements between you, your Banking Provider, and Mercury. In the event of any conflict between this agreement and the Mercury Terms of Use, this agreement will govern and control.
Sample 1

Related to THAN JURY TRIALS OR CLASS ACTIONS

  • 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.

  • 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.

  • 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.

  • Waiver of Jury Trial and Class Action Each Party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity.

  • CLASS ACTION AND JURY TRIAL WAIVER Each party to this Agreement may bring a Dispute against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Each party gives up or waives any right it may have to have any Disputes between them resolved by a jury.

  • 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.

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

  • Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

  • Waiver of Jury Trial, Punitive Damages, etc BORROWER, ADMINISTRATIVE AGENT, AND EACH BANK HEREBY (a) KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVE, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR DIRECTLY OR INDIRECTLY AT ANY TIME ARISING OUT OF, UNDER OR IN CONNECTION WITH THE LOAN PAPERS OR ANY TRANSACTION CONTEMPLATED THEREBY OR ASSOCIATED THEREWITH, BEFORE OR AFTER MATURITY; (b) IRREVOCABLY WAIVE, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, ANY RIGHT IT MAY HAVE TO CLAIM OR RECOVER IN ANY SUCH LITIGATION ANY “SPECIAL DAMAGES,” AS DEFINED BELOW; (c) CERTIFY THAT NO PARTY HERETO NOR ANY REPRESENTATIVE OR AGENT OR COUNSEL FOR ANY PARTY HERETO HAS REPRESENTED, EXPRESSLY OR OTHERWISE, OR IMPLIED THAT SUCH PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVERS, AND (d) ACKNOWLEDGE THAT IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT, THE OTHER LOAN PAPERS AND THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS CONTAINED IN THIS SECTION. AS USED IN THIS SECTION, “SPECIAL DAMAGES” INCLUDES ALL SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (REGARDLESS OF HOW NAMED), BUT DOES NOT INCLUDE ANY PAYMENT OR FUNDS WHICH ANY PARTY HERETO HAS EXPRESSLY PROMISED TO PAY OR DELIVER TO ANY OTHER PARTY HERETO.

  • No Legal Actions No court or governmental authority of competent jurisdiction shall have issued an order, not subsequently vacated, restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated by this Agreement, and no person shall have instituted an action or proceeding which shall not have been previously dismissed seeking to restrain, enjoin or prohibit the consummation of the transactions contemplated by this Agreement or seeking damages with respect thereto.

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