Survival and Enforceability of this Arbitration Clause Sample Clauses

Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waiv- ers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. Part No. PWDCLAHTWZQE NON-OWNER OCCUPIED RESIDENCE WARRANTY Models: ACNF, ARUF, ASPT, AWST, AWUF, AWUT, AMST, CAPF, CAPFA, CAPT, CAUF, CAUFA, CAPEA, CAPE, CHPF, CHPE, CSCF, CAPTA, CHPTA, CHPT, MBVC If this heating or air conditioning unit has not been properly registered, all references in this document to “the warranty,” “this warranty,” or any similar construction, refer solely and exclusively to the Initial Term Warranty (defined below). If this heating or air conditioning unit has been properly reg- istered (and any other applicable conditions set forth in this document are satisfied), all such references refer to the Initial Term Warranty together with the Registered Additional Term Warranty (defined below). Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technolo- xxxx Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waiv- ers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. Part No. PWDDMSTWZM 04/2022 NON-OWNER OCCUPIED RESIDENCE WARRANTY Models: FTX(09,12,18,24)BXVJU*, FTK(09,12,18,24)BXVJU*, RX(09,12,18,24)BXVJU*, RK(09,12,18,24)BX- VJU*, RXL(09,12,15,18,24)WMVJU*, RX(09,12,15,18,24)WMVJU*, RXM(09,12,18,24)WVJU*, 2MXS18*, 2MXL18*, 2MXLH18*, 3MXS24*, 3MXL24*, 3MXLH24, 4MXS36*, 4MXL36*, 4MXLH36*, 5MXS48*, FTX(09,12,15,18,24)*, FTXR(09,12,18)*, FVXS(09,12,15,18)*, FFQ(09,12,15,18)*, FTXS(09,12,15,18,24)*, CTXS07*, FDMQ(09, 12,15,18,24)*, CDMQ07*, FTXM(09,12,18,24)* If this heating or air conditioning unit has not been properly registered, all references in this document to “the warranty,” “this warranty,” or any similar construction, refer solely and exclusively to the Initial Term Warranty (defined below). If this heating or air conditioning unit has been properly reg- istered (and any other applicable conditions set forth in this document are satisfied), all such references refer to the Initial Term Warranty together with the Registered Additional Term Warranty (defined below). Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technolo- xxxx Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below. To What Type Of Installations Does This Warranty Apply? This warranty applies to heating and air conditioning units installed in residences not occupied by the owner. Different warranties apply to units installed in owner-occupied resi- dences and in commercial properties. Is Registration Required? Registration is strongly urged. As set out below, Initial Term Warranty coverage is available to owners who have not registered, but Registered Additional Term Warranty coverage is only available to regis...
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a OWNER NAME ADDRESS OF INSTALLATION CITY / STATE-PROVINCE / ZIP-POSTAL CODE INSTALLER NAME CITY / STATE-PROVINCE / ZIP-POSTAL CODE PHONE # / FAX # case in which class-action allegations have been made, the waiver of class-action rights under this warranty is found to be unenforceable with respect to any part of the dispute, the parts DISTRIBUTOR NAME of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. CITY / STATE-PROVINCE / ZIP-POSTAL CODE PHONE # / FAX # MODEL # & SERIAL # INSTALLATION DATE Who Is Providing The Warranty? This warranty is provided to you by MRCOOL LLC (“MRCOOL”), which warrants all parts of this heating or air conditioning unit, as described below.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a case in which class- action allegations have been made, the waiver of class- action rights under this warranty is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class- action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. less than $250,000, the arbitration will be decided by a single arbitrator. If the amount in controversy is greater than or equal to $250,000, the arbitration will be decided by a panel of three arbitrators. The arbitrator(s) will be chosen pursuant to the rules of the administering arbitration organization. United States residents may choose the American Arbitration Association (1633 OWNER NAME ADDRESS OF INSTALLATION CITY / STATE-PROVINCE / ZIP-POSTAL CODE Broadway, 10th Floor, New York, NY 10019, xxx.xxx.xxx), INSTALLER NAME JAMS (0000 Xxxx Xxxxxx, Xxx. 000, Xxxxxx, XX 00000, xxx.xxxxxxx.xxx), or, subject to our approval, any other arbitration organization. In addition, Canadian CITY / STATE-PROVINCE / ZIP-POSTAL CODE residents may choose the ADR Institute of Canada (234 Xxxxxxxx Xxx. East, Suite 000, Xxxxxxx, Xxxxxxx, X0X 0X0, PHONE # / FAX # xxx.xxxx.xxx). These organizations’ rules can be obtained by contacting the organization or visiting its website. If the chosen arbitration organization’s rules conflict with this Arbitration Clause, the provisions of this Arbitration Clause control. The award of the arbitrator(s) shall be final and binding on all parties.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. Part No. PWDINVTWSQE 07/2023 COMMERCIAL WARRANTY Who Is Providing The Warranty? Single Phase Models: DX17VS, DZ17VS electrical service. This warranty is provided to you by Daikin Comfort Technologies Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class- action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. Part No. PWDACHPTSMT COMMERCIAL WARRANTY Models: DX7TC Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technologies Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. Part No. PWDFURNSNTC 04/2022 COMMERCIAL WARRANTY Models: DC80SN, DM80SN, DC80TN, DM80TN, DM92SN, DC96SN, DM96SN, DC96TN, DM96TN Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technologies Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below.
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Survival and Enforceability of this Arbitration Clause. This Arbitration Clause shall survive the expiration or termination, or any transfer, of the warranty on your unit. If any part of this Arbitration Clause, except waivers of class-action rights, is found to be unenforceable for any reason, the remainder of this clause and the warranty shall remain enforceable. If, in a case in which class-action allegations have been made, the waiver of class-action rights under this warranty is found to be unenforceable with respect to any part of the dispute, the parts of the dispute as to which the waiver of class-action rights have been found unenforceable will be severed and will proceed in court without reference or application of this Arbitration Clause. Any remaining parts will proceed in arbitration. Part No. PWDFURNSNTC 04/2022 COMMERCIAL WARRANTY Models: DC80SN, DM80SN, DC80TN, DM80TN, DM92SN, DC96SN, DM96SN, DC96TN, DM96TN Who Is Providing The Warranty? This warranty is provided to you by Daikin Comfort Technologies Manufacturing, L.P. (“Daikin”), which warrants all parts of this heating or air conditioning unit, as described below.
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Related to Survival and Enforceability of this Arbitration Clause

  • Applicability of Arbitration Agreement You agree that any dispute or claim relating in any way to your access or use of the Covered Products, or to any aspect of your relationship with Enphase, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Enphase may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

  • Execution and Enforceability This Agreement has been duly executed and delivered by the Assuming Institution and when this Agreement has been duly authorized, executed and delivered by the Corporation and the Receiver, this Agreement will constitute the legal, valid and binding obligation of the Assuming Institution, enforceable in accordance with its terms.

  • Applicability of this Agreement This Agreement shall apply to investments made in the territory of one of the Contracting Parties in accordance with its laws and regulations by investors of the other Contracting Party prior to as well as after the entry into force of this Agreement, but shall not apply to any dispute or claim concerning an investment which arose, or which was settled before its entry into force.

  • Enforceability of Obligations No modification, limitation or discharge of the Obligations arising out of or by virtue of any bankruptcy, reorganization or similar proceeding for relief of debtors under federal or state law will affect, modify, limit or discharge the Guarantor’s liability in any manner whatsoever and this Guaranty will remain and continue in full force and effect and will be enforceable against the Guarantor to the same extent and with the same force and effect as if any such proceeding had not been instituted. The Guarantor waives all rights and benefits which might accrue to it by reason of any such proceeding and will be liable to the full extent hereunder, irrespective of any modification, limitation or discharge of the liability of the Borrower that may result from any such proceeding.

  • Governing Law; Disputes In view of the fact that: (i) the Purchaser was formed pursuant to the laws of the State of New York; (ii) the Company was formed pursuant to the laws of the State of Delaware ; (iii) the principal place of business of the Purchaser is located in the State of New York; (iv) the principal place of business of the Company is located in the State of Arizona; (v) the Purchaser does business throughout the United States; (vi) the Company contemplates doing business in North Dakota and other states; (vii) the principal place of business of the Escrow Agent is located in the State of New York; and (viii) all services pursuant to this Escrow Agreement will be performed in the State of New York, in order to avoid the question of which state law shall be applicable, the Parties agree that: This Escrow Agreement shall in all respects be construed, governed, applied and enforced in accordance with the laws of the State of New York and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York, without giving effect to the principles of conflicts of law. Moreover, the Parties agree that pursuant to Section 5-1401 of the General Obligations Law of New York, if applicable, this Escrow Agreement shall in all respects be construed, governed, applied and enforced in accordance with the laws of the State of New York and be deemed to be an agreement entered into in the State of New York and made pursuant to the laws of the State of New York, without giving effect to the principles of conflicts of law. The Parties hereby consent to and submit to the exclusive jurisdiction of the courts of the State of New York, County of New York, as properly having venue in any action or proceeding in relation to this Escrow Agreement. The Parties hereby waive personal service of any and all process and specifically consent that in any such action or proceeding brought in the courts of the State of New York, County of New York, any service of process may be effectuated upon any of them by certified mail, return receipt requested. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. The parties hereby knowingly, voluntarily and intentionally waive (to the extent permitted by applicable law) any right he, she or it may have to a trial by jury of any dispute arising under or relating to this Escrow Agreement and agree that any such dispute shall, at the option of any party, be tried before a judge sitting without a jury.

  • GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION The rights and obligations of the Parties under the Agreement shall be governed by and construed in accordance with the laws of India. The TDSAT, to the exclusion of all other courts, shall have exclusive jurisdiction in respect of any dispute between the Parties arising out of or in connection with or as a result of this Agreement.

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