Agreement to Arbitrate. Either you or we may elect in writing, and without the consent of the other, to arbitrate all Claims covered by this provision.
Agreement to Arbitrate. Either you or we may elect in writing, and without the consent of the other, to arbitrate all Claims covered by this provision. Claims Covered By Arbitration: A “Claim” subject to arbitration is any demand, cause of action, complaint, claim, asserted right, or request for monetary or equitable relief, whether past, present or future, and based upon any legal theory, including contract, tort, consumer protection law, fraud, statute, regulation, ordinance, or common law, which arises out of or relates to this Agreement, your Account or Accounts, the events leading up to your becoming an Account holder (for example, advertisements or promotions) or a party to this Agreement, any feature or service provided in connection with your Account, or any transaction conducted with us related to any of your Accounts including services provided under this Agreement. Claims include Claims that arose after closing of your Account or Accounts and after termination of this Agreement. The term Claim includes any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof, including the Class Action Waiver such that any determination regarding such will be made by an arbitrator.
Agreement to Arbitrate. Any dispute (an "Arbitrable Dispute") ---------------------- arising between the parties, including but not limited to those concerning the formation, validity, interpretation, effect, or alleged violations of this Agreement or the General Release, must be submitted to binding arbitration for resolution in Los Angeles, California in accordance with the rules and procedures of the Employment Dispute Resolution Rules of the American Arbitration Association then in effect. The decision of the arbitrator shall be final and binding on both parties, and any court of competent jurisdiction may enter judgment upon the award. Amgen shall pay all expenses relating to such arbitration, including, but not limited to, your legal fees. Except for an action taken outside of arbitration pursuant to Subparagraph 13.3 of this Agreement, should either party pursue any other legal or administrative action against the other, the responding party shall be entitled to the return of any payments that party made under the Agreement and shall be entitled to recover all costs, expenses and attorneys' fees the responding party incurs as a result of such action. The arbitrator may not modify or change this Agreement or the General Release in any way.
Examples of Agreement to Arbitrate in a sentence
You and we agree that the arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the terms or formation of this contract, including whether any dispute between us is subject to this Agreement to Arbitrate (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these terms are void or voidable.
In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or for any other reason, then any dispute or claim not subject to arbitration shall be resolved exclusively by a provincial court located in Toronto, Ontario, and to the extent there is no subject matter jurisdiction in such federal court, then a state court in Toronto, Ontario.
You and we agree that any dispute or controversy, or the performance or enforcement of the obligation, shall be resolved, upon the election of you or us, by biding arbitration, pursuant to this Agreement to Arbitrate and the rules of the American Arbitration Association in effect at the time any claim, dispute or controversy is made .Any such election may be made at any time, regardless of whether a lawsuit has been filed or not, unless such a lawsuit has resulted in a judgment.
You and Dropbox agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below.
This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your account for the Services, stop using the Services, or delete the Services application from your mobile device.
More Definitions of Agreement to Arbitrate
Agreement to Arbitrate means an agreement to arbitrate entered into under section
Agreement to Arbitrate. Any and all disputes, claims or controversies arising out of or relating to this Agreement, including a determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Luis Obispo, California, before a single arbitrator selected by mutual agreement of the parties and admitted to practice law in the State of California. The arbitration shall be administered by JAMS (or any like organization successor thereto) pursuant to its Streamlined Arbitration Rules and Procedures. If the parties are unable to mutually agree upon an arbitrator, JAMS shall select the arbitrator. The arbitrator shall follow any applicable federal and California state law in rendering an award. The parties hereto further understand and agree that the arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court of appropriate jurisdiction. LIMITATION ON DAMAGES: INSPIRED FLIGHT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF THIS PRODUCT. IN NO EVENT SHALL DAMAGES OR ANY OTHER RECOVERY OF ANY KIND AGAINST INSPIRED FLIGHT BE GREATER THAN THE ORIGINAL PURCHASE PRICE OF THE PRODUCT FROM INSPIRED FLIGHT OR AN AUTHORIZED INSPIRED FLIGHT RESELLER.
Agreement to Arbitrate. All "disputes" (either by ALDS or Customer), shall be resolved by binding arbitration and not in a court. Customer agrees Arbitration will be on an individual basis ONLY, and NOT a class action. Customer waives all rights to arbitrate as a class action. Arbitration will be conducted by and under the rules of the American Arbitration Association, 00 X Xxxxx Xxxx Xxxxx X, Xxxxx 000, Xxxxxx XX 00000 (www.adrlorg), or any other arbitration organization Customer selects, subject to approval by ALDS. Customer can obtain a copy of the of the organization by contacting it via USPS or on the web site listed above. Arbitrators shall be attorneys or retired judges selected under the applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in the federal district in which Customer resides, or at some other location convenient to Customer. ALDS will pay Customer's filing, administration, service or case management fee and Customer's arbitrator or hearing fee all up to a maximum of $1,500. Each party shall be responsible for its own attorney, expert and other fees, unless otherwise awarded by the arbitrator under applicable law. The arbitrator's award is final and binding on all parties, except that if the arbitrator's award for a party is $0 or against a party exceeds $100,000, or includes an award of injunctive relief against a party, that party may request a new arbitration hearing under the rules of the arbitration organization by a three-judge panel. Unless prohibited by law, the appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs, subject to a final determination by the arbitrators of a fair apportionment of the costs. The Federal Arbitration Act governs any arbitration under this Arbitration Clause. Opt Out: Customer may opt out of this Arbitration Agreement by notifying ALDS by certified mail at 0000 Xxxxxx Xxxxxx, Xx Xxxx, XX 00000 within
Agreement to Arbitrate. It is understood that any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration as provided by state and federal law, and not by a lawsuit or resort to court process except as state and federal law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional right to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration.
Agreement to Arbitrate means that there will be no court or jury trial of disputes arising out of the Plan or this Agreement. This agreement to arbitrate is intended to be broad and to cover, to the extent otherwise permitted by law, all such disputes, including but not limited td those ad sing out of federal and state statutes and local ordinances, however, this provision is not applicable to (1) the Optionee's rights under the California Workers' Compensation Law, which arc governed under the special provisions of that law, or (2) the Optionee's rights under the Employee Retirement Income Security Act (ERISA). Unless the parties mutually select another location, the arbitration will be conducted in San Francisco, California. The arbitration filing fees and the fats and expenses of the arbitrator shall be borne equally by the Optionee and the Company, except that if the Optionee prevails in the arbitration, the Company will bear the full amount of those fees and expenses. This agreement to arbitrate may not be changed or modified in any respect unless specifically agreed in a written agreement signed by the Optionee and the Company.
Agreement to Arbitrate. Any dispute between the parties including but not limited to any claims of discrimination under state or federal law, claims of other statute violations, as well as any disputes concerning the provisions of this Agreement or any dispute about the formation, validity, interpretation, or effect of alleged violations of this Agreement ("Arbitrable Dispute") must be submitted to final and binding arbitration in San Francisco before an experienced arbitrator licensed to practice law in California. Employee agrees to subject himself to personal jurisdiction in San Francisco County for such arbitration and in any jurisdiction necessary for the enforcement of any arbitration award. Except as provided in this Agreement, the arbitration shall be in accordance with the then-current National Rules for the Resolution of Employment Disputes of the American Arbitration Association ("AAA"). The arbitrator may not modify or change this Agreement in any way.
Agreement to Arbitrate. Any dispute (an "Arbitrable Dispute") ---------------------- arising between any of the Amgen Releasees (as defined in Paragraph 1.1 of the General Release attached hereto as Appendix G) who either consent to arbitration or demand arbitration and you, including but not limited to those disputes concerning the formation, validity, interpretation, effect, or alleged violations of this Agreement or the General Release, must be submitted to binding arbitration for resolution in Los Angeles, California in accordance with the rules and procedures of the Employment Dispute Resolution Rules of the American Arbitration Association then in effect. The decision of the arbitrator shall be final and binding on the parties, and any court of competent jurisdiction may enter judgment upon the award. Except for an action taken outside of arbitration pursuant to Subparagraph 13.4 of this Agreement, should any party pursue any other legal or administrative action outside of arbitration against the other, the responding party shall be entitled to the return of any payments that party made under this Agreement and shall be entitled to recover all costs, expenses and attorneys' fees the responding party incurs as a result of such action. The arbitrator may not modify or change this Agreement in any way.