Agreement to Binding Arbitration. All Disputes shall be finally settled by binding arbitration administered by JAMS in accordance with the expedited procedures of the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist as of the effective date of these Terms of Use, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority, except as may otherwise be stated in these Terms of Use, to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use or Online Privacy Statement, including but not limited to any claim that all or any part of these Terms of Use or Online Privacy Statement is void or voidable (except for the class action waiver below). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s decision shall be final, binding, and non- appealable in court. Judgment upon the award may be entered and enforced in any court having jurisdiction. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will include a concise written statement of the essential findings and conclusions on which the award is based. You and the Company (the “parties”) adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms of Use) with respect to any final award in an arbitration arising out of or related to these Terms of Use or Online Privacy Statement. With regard to the appeal, and only for disputes in excess of $50,000, either party may request a panel of three (3) arbitrators in lieu of only one (1) arbitrator. The parties will make reasonable efforts to agree upon mutually satisfactory arbitrator(s) chosen from the JAMS panel and the arbitrator(s) must be neutral. The arbitration shall take place at a JAMS location closest to where you reside. The parties agree that all proceedings before the arbitrators will remain confidential between the parties. However, either party may register the judgment of any arbitral award in an appropriate court, and the parties may disclose information regarding the arbitration if required by law or judicial decision. This agreement to binding arbitration in no way limits or affects your or our rights under the Investment Advisers Act. Nothing in these Terms of Use precludes you or u...
Agreement to Binding Arbitration. Each dispute or controversy that arises out of or is related to (a) your Card, or (b) your Card Balance, or (c) any service relating to your Card or your Card Balance, or (d) any matter relating to your or our rights and obligations provided for in this Agreement or any other agreement or instrument relating to your Card or your Card Balance, whether based on statute, contract, tort, fraud, misrepresentation or any other legal or equitable theory, including interest and attorney's fees, where applicable (any "Claim"), must be determined on an individual basis by binding arbitration in accordance with the Federal Arbitration Act ("FAA" Title 9 of the United States Code) under the auspices of the American Arbitration Association ("AAA"). Judgment on an arbitration award may be entered in any Court having jurisdiction. The arbitrator will decide any issue regarding whether a particular dispute or controversy is a Claim that is subject to arbitration. If any part of the relief request is not expressly stated as a dollar amount, the dispute or controversy will not be a Claim that is subject to arbitration.
Agreement to Binding Arbitration. Employee and ServiceSource acknowledge and agree that in the event that there is any dispute arising out of Employee’s employment with ServiceSource, including but not limited to any dispute over the interpretation, application or breach of this Agreement, and any dispute over the termination of Employee’s employment with ServiceSource, or allegations of discrimination or harassment arising under state or federal antidiscrimination statutes (such as the California Fair Employment and Housing Act, the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act) or otherwise, if the parties are unable to resolve such a dispute through informal means, Employee and ServiceSource agree to submit all such disputes exclusively to FINAL AND BINDING ARBITRATION pursuant to the Mutual Arbitration Agreement. Such disputes or claims shall not be subject to trial by jury or by a court of any jurisdiction.
Agreement to Binding Arbitration. THE PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE BREACH THEREOF SHALL AT EITHER PARTIES ELECTION, BE SUBMITTED TO ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EITHER PARTY MAY OBTAIN PROVISIONAL OR ANCILLARY REMEDIES SUCH AS INJUNCTIVE RELIEF OR THE APPOINTMENT OF A RECEIVER, OR EXERCISE SELF-HELP, AT ANY TIME WITHOUT WAIVING ITS RIGHT TO ARBITRATION.
Agreement to Binding Arbitration. Except as provided in Section 32.4 below, any dispute, claim or controversy arising out of or relating to this Lease, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Arbitration of Disputes Article, shall be determined by binding arbitration in Westlake, California (the "Arbitration"), before one (1) neutral arbitrator ("Arbitrator"). The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in strict, full, complete, and timely accordance with this Arbitration of Disputes provision.
Agreement to Binding Arbitration. Any and all claims, disputes and other matters in question that may occur between owner, the contractor, and/or CT, arising out of, in connection with, or relating to this Limited Warranty or breach thereof, shall be submitted to BINDING ARBITRATION for resolution. The arbitration shall be conducted by the American Arbitration Association under its Construction Industry Arbitration Rules then in effect, unless the parties mutually agree otherwise. This agreement to arbitrate shall be specifically enforceable under the Federal Arbitration Act, 9 U.S.C. § 2 or the applicable state arbitration laws. The award rendered by the arbitrator shall be final, and judgment may be entered upon such award in accordance with applicable law in any court having jurisdiction thereof.
Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to the Terms (including their formation, performance and breach), your and our relationship and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. You and we shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on you and us and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at xxxxx://xxx.xxxxxxx.xxx/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to ...
Agreement to Binding Arbitration. If we do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued pursuant to Section 27(a) above, then either party may initiate binding arbitration pursuant to the terms set forth in this Agreement. All claims arising out of or relating to the terms set forth in this Agreement (including their formation, performance, and breach), the Software, Devices, or the parties’ relationship with each other, under any legal theory, including contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, scope, enforceability, or formation of the Agreement, including any claim that all or any part of this Agreement is void or voidable, and except as provided for in Sections 27(d)-(f) below. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence in the U.S., or in Santa Clara County, California, U.S.A., at your option. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity including, if applicable, public injunctions. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. You and WDT agree that this Section 27 shall survive termination of this Agreement. This Agreement memorializes a transaction involving interstate commerce and the interpretation and enforcement of this Section 27 shall be governed by the U.S. Federal Arbitration Act (9 U.S.C. § 1 et seq.). The JAMS rules governing the arbitration may be accessed at xxxxx://xxx.xxxxxxx.xxx/adr-rules-proc...
Agreement to Binding Arbitration. Each dispute or controversy between you and us that arises out of or is related to your HSA with us, or any service we provide in connection with your HSA, or any matter relating to your or our rights and obligations provided for in this Arbitration Agreement or any other agreement between you and us relating to your HSA or a service provided by us in connection with your HSA, whether based on statute, contract, tort, fraud, misrepresentation or any other legal or equitable theory, including any claim for interest and attorney’s fees, where applicable (any “Claim”), must be determined on an individual basis by binding arbitration in accordance with the Federal Arbitration Act (“FAA” – Title 9 of the United States Code) under the auspices of the American Arbitration association (“AAA”). Judgment on an arbitration award may be entered in any court having jurisdiction. This Arbitration Agreement applies to all Claims regardless of whether such Claims seek monetary, injunctive or declaratory relief or a combination of such types of relief. Any issue regarding the validity or enforceability of the arbitration obligations set forth in this Arbitration Agreement, and any issue regarding whether a particular dispute or controversy is a Claim that is subject to arbitration, shall be decided by the arbitrator.
Agreement to Binding Arbitration. The parties may agree to submit the matter to a single arbitrator or to several arbitrators, may require that arbitrators possess special qualifications or expertise or may agree to submit a matter to a mutually acceptable firm of experts for decision. In the event the parties shall fail to thus agree upon terms of arbitration within twenty (20) days from the first written demand for arbitration, then such disputed matter shall be settled by arbitration under the Rules of the American Arbitration Association, by three arbitrators appointed in accordance with such Rules. Such arbitration shall be held in New York City. Once a matter has been submitted to arbitration pursuant to this section, the decision of the arbitrators reached and promulgated as a result thereof shall be final and binding upon all parties. The cost of arbitration shall be shared equally by the parties and each party shall pay the expenses of his/its attorneys, except that the arbitrators shall be entitled to award the costs of arbitration, attorneys and accountants’ fees, as well as costs, to the party that they determine to be the prevailing party in any such arbitration.
