AGREEMENT SUBJECT TO ARBITRATION Sample Clauses

AGREEMENT SUBJECT TO ARBITRATION. 1. AGREEMENT SUBJECT TO ARBITRATION / WAIVER OF JURY TRIAL / CLASS ACTION WAIVER. Any action (excluding actions by Education Equity for collection of amounts due under this Agreement), dispute, claim or controversy: (i) arising out of or relating to this Agreement or the negotiation, execution, breach, termination, enforcement, interpretation or validity thereof and/or (ii) arising out of relating to the relationship of the Parties, including the determination of the scope or applicability of this Agreement to arbitrate (a "Dispute"), shall be determined by arbitration in Chicago, Illinois before one arbitrator appointed by and pursuant to the rules of Judicial Arbitration and Mediation Services ("JAMS"). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules if the amount in controversy exceeds $262,000 (not including interest or attorneys’ fees). Otherwise, the arbitration shall be conducted pursuant to JAMS' Streamlined Arbitration Rules and Procedures. The arbitrator shall be an attorney, licensed to practice in the State of Illinois, with experience in contract litigation and admitted in the state and federal courts of Illinois. Investor will advance up to Two Thousand, Five Hundred ($2,500.00) Dollars on Student's behalf for filing the arbitration. This amount may be recovered by Investor if Investor prevails in the arbitration. Arbitration shall be conducted in Xxxx County, Illinois or, if Xxxx County is more than 100 miles from Student's primary residence, will be conducted by phone or at a mutually agreed upon location within 100 miles of Student's primary residence. Judgment on any interim or final award rendered by the arbitrator may be entered and enforced in any court in Xxxx County, Illinois or the United States District Court for the Northern District of Illinois. Any such judgment, thereafter, may be domesticated to any other jurisdiction wherein a Party is located. The Parties hereby irrevocably consent and submit to the jurisdiction of any State Court of Xxxx County, Illinois, or the United States District Court for the Northern District of Illinois solely for collection actions instituted by Investor or for the purpose of any action brought to enforce an arbitration award hereunder, and the Parties waive any and all objections to venue in such courts or the issuance of service of process in any such proceedings. This clause shall not preclude parties from seeking provisional remedies in aid of arbit...
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Related to AGREEMENT SUBJECT TO ARBITRATION

  • Claims Subject to Arbitration Except as expressly provided below, the parties agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to this Agreement or a similar prior agreement, the Property or the relationship between Resident and Owner or Manager (including matters occurring prior to the date of this Agreement and disputes also involving third parties) (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope and enforceability.

  • Claims Not Subject to Arbitration If the following claims are not resolved through informal Dispute Resolution, they will not be subject to arbitration and must be resolved through any remedy available to a Party pursuant to law, equity or agency mechanism.

  • Agreement to Arbitrate Disputes Either you or we may elect, without the other’s consent, to require that any dispute between us concerning your membership, your deposit accounts (“Accounts”) and the services related to your membership and Accounts, including but not limited to all disputes that you may raise against us, must be resolved by binding arbitration, except for those disputes specifically excluded below.

  • Claims Subject to Elective Arbitration 13.6.2.1 Claims will be subject to elective arbitration pursuant to Section 13.7 below, if, and only if, the claim is not settled through informal Dispute Resolution and both Parties agree to arbitration. If both Parties do not agree to arbitration, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanism.

  • Appeal to Arbitration An appeal to arbitration may be made only by the UAW and only after the timely exhaustion of the Grievance Procedure. The written appeal to arbitration must be received by the campus labor relations office within 45 calendar days of the date of issuance of the final University decision to the UAW. The written appeal must be signed by an authorized representative of the UAW and must include:

  • 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 California law, and nor by a lawsuit or resort to court process except as California law provides for judicial review of arbitration proceedings. Both parties to this contract, by entering it, are giving up their constitutional rights to have any such dispute decided in court of law before a jury, and instead are accepting the rules of arbitration.

  • Bypass to Arbitration If the Superintendent and the Association agree, a grievance may be submitted directly to arbitration.

  • Referral to Arbitration: Local Matters a. If the grievance is not resolved at Step Three within ten (10) working days of the meeting referred to in Article A.6.4, the local or the employer where applicable may refer a "local matters grievance," as defined in Appendix 2 and Addenda, to arbitration within a further fifteen (15) working days.

  • Exceptions to Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

  • Consent to Arbitration 1. Each Party consents to the submission of a claim to arbitration in accordance with the procedures set out in this Agreement.

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