Common use of Arbitration Agreement Clause in Contracts

Arbitration Agreement. ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, ARISING OUT OF OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATION. THE FORUM OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.

Appears in 1 contract

Samples: Customer Agreement

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Arbitration Agreement. ANY DISPUTEThis Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, CLAIM OR CONTROVERSY BETWEEN CUSTOMERthe parties agree as follows: • ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, ON ONE HANDINCLUDING THE RIGHT TO A TRIAL BY JURY, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON EXCEPT AS PROVIDED BY THE OTHER HAND, ARISING OUT OF OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATION. THE FORUM RULES OF THE ARBITRATION MAY BE AMERICAN FORUM IN WHICH A CLAIM IS FILED. • ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. • THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. • THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. • THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. • THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION AMENDMENTS THERETO, SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERINCORPORATED IN THIS AGREEMENT. Client and Baird agree that any claim or controversy between Client or Agents of Client on the one hand, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATORand Baird or any of Xxxxx’x present or former officers, directors, agents or employees on the other hand, shall be settled by arbitration. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONThis Arbitration Agreement shall apply to any claim, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIMEcontroversy or issue arising from events that occurred prior to, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATIONon, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.or subsequent to the execution of this Arbitration Agreement concerning or relating to:

Appears in 1 contract

Samples: Financial Planning Agreement

Arbitration Agreement. ANY DISPUTEThis Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, CLAIM OR CONTROVERSY BETWEEN CUSTOMERthe parties agree as follows: • ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, ON ONE HANDINCLUDING THE RIGHT TO A TRIAL BY JURY, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON EXCEPT AS PROVIDED BY THE OTHER HAND, ARISING OUT OF OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATION. THE FORUM RULES OF THE ARBITRATION MAY BE AMERICAN FORUM IN WHICH A CLAIM IS FILED. • ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. • THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. • THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. • THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. • THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION AMENDMENTS THERETO, SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERINCORPORATED IN THIS AGREEMENT. The parties agree that any claim or controversy between Client or Authorized Representatives, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATORAgents or employees of Client on the one hand, and a Covered Baird Party on the other hand, shall be settled by arbitration. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONThis Arbitration Agreement shall apply to any claim, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIMEcontroversy or issue arising from events that occurred prior to, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATIONon, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.or subsequent to the execution of this Arbitration Agreement concerning or relating to:

Appears in 1 contract

Samples: Client Margin Agreement Supplement

Arbitration Agreement. ANY DISPUTEAND ALL DISPUTES, CLAIM CONTROVERSIES OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, CLAIMS FOR DAMAGES ARISING OUT OF OR RELATING TO THE CUSTOMER THIS AGREEMENT OR ANY MATTER COVERED IN THIS AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT SHALL BE RESOLVED BY SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S PATIENTS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE FORUM OF PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. Independent Contractor Agreement SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR THE ARBITRATION MAY BE AMERICAN ARBITRATION HEALTH LAWYERS ASSOCIATION (“AAAAHLA”). SUCH SELECTION OF FORUM, WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION VENUE AND/OR RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING OF COMPETENT JURISDICTION THEREOFIS AT THE SOLE DISCRETION OF THE COMPANY. THE ARBITRATION SHALL BE HELD UNLESS CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE FORUM IS NOT REASONABLY CONVENIENT FOR PARTIES. THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM ARBITRATOR’S AUTHORITY SHALL BE DETERMINED LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORCED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE A COURT OF COMPETENT JURISDICTION TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION HALT ANY BREACH BEFORE ISSUANCE OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIPA FINAL AWARD. THE PROVISIONS INTENT OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONIS TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE COMPANY. IN ADDITION, AMENDMENT OR EXPIRATION IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIMENATURE, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFEITED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREATE A PENALTY. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT HEARING; AND 2) EACH PARTY MAY TAKE ONE DEPOSITION OF BOTH PARTIESA PARTY AND ONE DEPOSITION OF A NON-PARTY. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSTITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. [NOTE: VACATING AN AWARD IS DISCUSSED IN SECTION 171.088 OF THE CODE. THE ITEMS DESCRIBED IN THIS SECTION ARE NOT SUBJECT TO THE COURT’S JURISDICTION. I SUGGEST DELETION. THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. ANY PREVAILING PARTY MAY SEEK ENFORCEMENT IN ANY COURT OF COMPETENT JURISDICTION. FAILURE TO SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. [Remainder of page left intentionally blank. Signature page follows.] Independent Contractor Agreement

Appears in 1 contract

Samples: Independent Contractor Agreement (Rapid Therapeutic Science Laboratories, Inc.)

Arbitration Agreement. ANY DISPUTETHIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE. BY SIGNING AN ARBITRATION AGREEMENT THE PARTIES AGREE AS FOLLOWS: a. ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON INCLUDING THE OTHER HAND, ARISING OUT OF OR RELATING RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATION. THE FORUM RULES OF THE ARBITRATION MAY BE AMERICAN FORM IN WHICH A CLAIM IS FILED; b. ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE AWARDS ARE GENERALLY FINAL AND BINDING, AND MAY BE ENTERED IN ANY ; A PARTY’S ABILITY TO HAVE A COURT HAVING JURISDICTION THEREOFREVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. c. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION ABILITY OF THE DISPUTE PARTIES TO BINDING OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION AT ANY REASONABLE TIMETHAN IN COURT PROCEEDINGS; d. THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS,IN AN ELIGIBLE CASE, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN COMMENCEDSUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN e. THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS ARE AFFILIATED WITH THE SECURITIES INDUSTRY. f. THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ANY ARBITRATION. IN SOME CASES, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE A CLAIM THAT IS 10. ACORDO ARBITRAL. ESTE ACORDO CONTÉM UMA CLÁUSULA DE ARBITRAGEM PREDISPUTE. AO ASSINAR UM ACORDO ARBITRAL, AS PARTES CONCORDAM DA SEGUINTE FORMA: a. TODAS AS PARTES DESTE ACORDO ESTÃO ABRINDO MÃO DO DIREITO DE PROCESSAR UMAS ÀS OUTRAS EM TRIBUNAL, INCLUINDO O DIREITO A REPRESENTATIVE OR MEMBER OF UM JULGAMENTO POR JÚRI, EXCETO PELAS REGRAS DO FORMULÁRIO ARBITRAL EM QUE UMA RECLAMAÇÃO É APRESENTADA; b. OS PRÊMIOS DE ARBITRAGEM SÃO GERALMENTE DEFINITIVOS E VINCULANTES; A CLASSCAPACIDADE DE UM PARTIDO DE TER UM TRIBUNAL INVERTIDO OU MODIFICAR UMA SENTENÇA ARBITRAL É MUITO LIMITADA. c. A CAPACIDADE DAS PARTES DE OBTER DOCUMENTOS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF DEPOIMENTOS DE TESTEMUNHAS E OUTRAS DESCOBERTAS É GERALMENTE MAIS LIMITADA EM ARBITRAGEM DO QUE EM PROCESSOS JUDICIAIS; d. OS ÁRBITROS NÃO DEVEM EXPLICAR O MOTIVO DE SUA PREMIAÇÃO, A PRIVATE ATTORNEY GENERALMENOS QUE, EM UM CASO ELEGÍVEL, UM PEDIDO CONJUNTO DE UMA DECISÃO EXPLICADA TENHA SIDO APRESENTADO POR TODAS AS PARTES AO PAINEL PELO MENOS 20 XXXX ANTES DA PRIMEIRA DATA MARCADA PARA A AUDIÊNCIA. EXCEPT e. O PAINEL DE ÁRBITROS PODE INCLUIR UMA MINORIA DE ÁRBITROS QUE FORAM OU SÃO AFILIADOS À INDÚSTRIA DE VALORES MOBILIÁRIOS. f. AS MAY BE REQUIRED BY LAWREGRAS DE ALGUNS FÓRUNS ARBITRAIS PODEM IMPOR PRAZOS PARA A SOLICITAÇÃO DE ARBITRAGEM. EM ALGUNS CASOS, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.UMA

Appears in 1 contract

Samples: Customer Account Agreement

Arbitration Agreement. ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, US ARISING OUT OF YOUR BUSINESS OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATIONSUBMITTED TO ARBITRATION CONDUCTED BEFORE THE NEW YORK STOCK EXCHANGE, INC., OR NASD DISPUTE RESOLUTION, INC. THE FORUM OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”OR THEIR SUCCESSOR FIRMS), WITHIN THE UNITED STATES OF AMERICA (“USA”), AND IN ACCORDANCE WITH THE AAA ARBITRATION THEN RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OBTAINING OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER SELECTED ORGANIZATION AND LOGIPIP SHALL BE RESOLVED IN CONDUCTED AS A BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE INTERNATIONAL DIVISION OTHER PARTY OF AAAA WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THEREIN ELECTING THE ARBITRATION TRIBUNAL. NO PERSON SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERBRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE NOR SEEK TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ENFORCE ANY PRE-DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR AGAINST ANY OTHER RELATIONSHIP BETWEEN CUSTOMER PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT WHO IS A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE GENERAL PUBLIC CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (i) THE CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR OF (iii) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT WAIVER OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESRIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.

Appears in 1 contract

Samples: Agreement (Kbw, Inc.)

Arbitration Agreement. THE PARTIES AGREE THAT ALL CLAIMS AND DISPUTES OF EVERY TYPE AND MATTER WHICH MAY ARISE BETWEEN THE SPONSOR AND ESCROW AGENT, INCLUDING ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON DISPUTES REGARDING THE OTHER HAND, ARISING OUT SCOPE OF OR RELATING TO THE CUSTOMER THIS ARBITRATION AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATIONARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM UNDER THE CODE OF PROCEDURE THEN IN EFFECT. THE FORUM ANY AWARD OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION THEREOFJURISDICTION. IN ANY MATTER IN WHICH THE AMOUNT IN DISPUTE EXCEEDS $100,000.00, THE ARBITRATION PROCEEDINGS SHALL TAKE PLACE IN WACO, TEXAS. IN THE EVENT A COURT HAVING JURISDICTION FINDS ANY PORTION OF THIS AGREEMENT UNENFORCEABLE, THAT PORTION SHALL NOT BE EFFECTIVE AND THE REMAINDER OF THE AGREEMENT SHALL REMAIN EFFECTIVE. INFORMATION MAY BE OBTAINED AND CLAIMS MAY BE FILED AT ANY OFFICE OF THE NATIONAL ARBITRATION FORUM, //xxx.xxxxxxxxxxx-xxxxx.xxx/">XXX.XXXXXXXXXXX-XXXXX.XXX, OR AT X.X. XXX 00000, XXXXXXXXXXX, XX 00000. THIS AGREEMENT SHALL BE HELD UNLESS GOVERNED BY AND INTERPRETED UNDER THE FORUM IS NOT REASONABLY CONVENIENT FOR FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1-16. BY SIGNING THIS AGREEMENT, THE CUSTOMERPARTIES ARE GIVING UP ANY RIGHT THEY MIGHT HAVE TO XXX EACH OTHER IN COURT AND HAVE THEIR CASE DECIDED BY A JUDGE OR JURY. EXECUTED THIS _______ DAY OF ____________________________, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR20___. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGSSPONSOR: ______________________________________________________________ By: _____________________________________________________________________ (Signature) __________________________________, ____________________________ (Printed Name) (Title) ESCROW AGENT: Sterling Trust Company, a Texas Corporation By: _____________________________________________________________________ (Signature) _____________________________________, _______________________________ (Printed Name) (Title) Escrow Fee Schedule All legal instruments are subject to review by counsel for Sterling Trust Company prior to account acceptance. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIPAll legal expenses incurred during this review and in the duration of providing escrow services will be borne by Sponsor and not by Sterling Trust Company, up to a maximum of $2,500. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.Escrow Fees:

Appears in 1 contract

Samples: Escrow Agreement (Zion Oil & Gas Inc)

Arbitration Agreement. FOR ALL OTHER CLAIMS: ANY DISPUTEAND ALL OTHER DISPUTES, CLAIM CLAIMS, OR CONTROVERSY BETWEEN CUSTOMERCONTROVERSIES WHATSOEVER, EXCEPT FOR PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER WHETHER BASED ON ONE HANDCONTRACT, AND LOGIPIP AND/TORT, STATUTORY, CONSTITUTIONAL OR ITS OFFICERSOTHER LEGAL RIGHTS, DIRECTORSINCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION OF CIVIL RIGHTS, AGENTS DISCRIMINATION, CONSUMER OR EMPLOYEESPRIVACY LAWS, ON THE OTHER HANDOR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR RELATING CONNECTED WITH THIS CONTRACT OR PASSENGER'S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE CUSTOMER AGREEMENTUNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), CUSTOMER’S ACCOUNT WITH LOGIPIP OR 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 ('THE CONVENTION”) AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY IN PALM BEACH, FLORIDA, U.S.A. TO THE EXCLUSION OF ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP FORUM. THE ARBITRATION SHALL BE RESOLVED ADMINISTERED BY BINDING ARBITRATION. THE FORUM OF THE NATIONAL ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION AND MEDIATION (“AAANAM), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION ) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND NAM’S FEE SCHEDULE IN EFFECT AT THE TIME SUCH OF THE PROCEDURE, EACH OF WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. ANY QUESTION ABOUT THE ARBITRATION IS COMMENCEDADMINISTRATORS MENTIONED ABOVE MAY BE DIRECTED TO THEM AS FOLLOWS: NATIONAL ARBITRATION AND MEDIATION, INC., 000 XXXXXXX XXX, 1ST FL., GARDEN CITY, NY 11530, PHONE: (000) 000-0000 EXT. 128. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL NOR TO ENGAGE IN PRE- ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN OTHERWISE TO LITIGATE THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, CLAIM IN ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCEDCOURT. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL ARBITRATOR'S DECISION WILL BE FINAL AND BINDING, AND . OTHER RIGHTS THAT PASSENGER OR CARRIER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOFUNDER THE CONVENTION OR FAA. PASSENGER AND CARRIER FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE PASSENGER ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. THE ARBITRATION ARBITRATOR AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL BE HELD UNLESS HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE FORUM IS INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT INCLUDING, BUT NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE LIMITED TO ANY DISPUTE CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE. IN THE EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN THE PROVISIONS OF SECTION 9 ABOVE GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESSECTION 10(c).

Appears in 1 contract

Samples: www.bahamasparadisecruise.com

Arbitration Agreement. ANY DISPUTETHIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. BY ENTERING INTO THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: ● ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED; ● ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR CONTROVERSY BETWEEN CUSTOMERMODIFY AN ARBITRATION AWARD IS VERY LIMITED; ● THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, ON ONE HANDWITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; ● THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD EXCEPT IN VERY LIMITED CIRCUMSTANCES; ● THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY; ● THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION; AND ● THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND LOGIPIP AND/ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. THIS ARBITRATION PROVISION SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES IN THIS AGREEMENT. ANY AND ALL CONTROVERSIES, DISPUTES OR ITS OFFICERSCLAIMS BETWEEN AURA AND THE CLIENT OR THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, AGENTS OFFICERS, OR EMPLOYEES, ON THE OTHER HANDCONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM, OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS AGREEMENT OR OTHER AGREEMENTS RELATING TO YOUR PARTICIPATION IN THE CUSTOMER AGREEMENTPLATFORM, CUSTOMER’S (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF AURA'S BUSINESS OR THE CLIENT'S INVESTMENT ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP (COLLECTIVELY, "CLAIMS"), SHALL BE RESOLVED CONDUCTED SOLELY BY BINDING ARBITRATIONARBITRATION PURSUANT TO THE RULES THEN IN EFFECT OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION MUST BE COMMENCED BY SERVICE OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE UPON THE OTHER PARTY. THE FORUM DECISION AND AWARD OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP ARBITRATOR(S) SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL CONCLUSIVE AND BINDINGBINDING UPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. THE ANY SUCH ARBITRATION SHALL BE HELD UNLESS IN SAN FRANCSICO, CALIFORNIA. THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM PARTIES AGREE THAT THERE SHALL BE DETERMINED BY NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS, AND THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE CLIENT EXPRESSLY WAIVES ANY RIGHT TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF BRING A CLASS ACTION LAWSUIT OR ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE AGAINST AURA OR ITS REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS WITH RESPECT TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIPCLAIMS. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONNotwithstanding the foregoing or anything to the contrary in this Agreement, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESin no way shall this Agreement constitute a waiver or limitation of rights that the Client may have under federal or state securities laws to pursue a remedy by other means if and to the extent such laws guaranty such right to the Client and do not permit the waiver thereof.

Appears in 1 contract

Samples: Investment Advisory Agreement

Arbitration Agreement. EACH PARTY AGREES TO ADVISE THE OTHER PARTY PROMPTLY IN THE EVENT A DISPUTE ARISES BETWEEN THEM (OR ANY OF THEIR AFFILIATES, IT BEING UNDERSTOOD THAT AFFILIATES ARE BOUND BY THIS USER AGREEMENT). THE PARTIES AGREE TO ATTEMPT TO RESOLVE ANY SUCH DISPUTE INFORMALLY BEFORE FILING A FORMAL ACTION. IF A DISPUTE CANNOT BE RESOLVED INFORMALLY WITHIN THIRTY (30) DAYS, AND MEDIATION (DESCRIBED BELOW) FAILS TO RESOLVE THE DISPUTE, CLAIM EITHER PARTY MAY FILE AN ARBITRATION DEMAND. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY FILE AN ARBITRATION DEMAND PRIOR TO SUCH TIME TO COMPLY WITH ANY STATUTE OF LIMITATION OR CONTROVERSY TIMING REQUIREMENTS TO PRESERVE ITS CLAIMS. ANY CONTROVERSY, DEMAND, CAUSE OF ACTION, WHETHER IN TORT, CONTRACT, BY STATUTE OR OTHERWISE, BETWEEN CUSTOMER, ON ONE HAND, YOU AND LOGIPIP AND/APEX CRYPTO (OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, AFFILIATES) INCLUDING THOSE ARISING OUT OF OR RELATING TO THE CUSTOMER THIS AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP THE ACCOUNT, ANY ACTIVITIES IN THE ACCOUNT, INCLUDING WITHOUT LIMITATION, ANY USE OF THE SERVICES, USE OF THE PLATFORM, THIRD PARTY SERVICES, SENDING ORDERS FOR THE PURCHASE OR ANY OTHER TRADING BETWEEN CUSTOMER SALE OF CRYPTOCURRENCIES, AND LOGIPIP THE STORAGE OF YOUR CRYPTOCURRENCIES, SHALL BE EXCLUSIVELY, FULLY AND FINALLY RESOLVED BY BINDING ARBITRATIONARBITRATION PURSUANT TO THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (INCLUDING THE EXPEDITED PROCEDURES FOR SUCH RULES IF THE MATTER IS ARBITRATED BY A SINGLE ARBITRATOR). THE FORUM OF ARBITRATION WILL BE HELD IN CHICAGO, ILLINOIS, UNLESS SUCH LOCATION IS NOT CONVENIENT, THE ARBITRATION MAY WILL BE AMERICAN HELD IN THE COUNTY OF YOUR RESIDENCE. ARBITRATION ASSOCIATION (“AAA”), WITHIN MUST BE COMMENCED BY SERVICE UPON THE UNITED STATES OTHER PARTY OF AMERICA (“USA”), IN ACCORDANCE WITH A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP MATTER SHALL BE RESOLVED DECIDED BY ONE INDEPENDENT ARBITRATOR, UNLESS THE AMOUNT IN THE INTERNATIONAL DIVISION DISPUTE IS IN EXCESS OF AAA$1,000,000, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THEN THE ARBITRATION SHALL BE HELD DECIDED BY A PANEL OF THREE INDEPENDENT ARBITRATORS, ONE CHOSEN BY APEX CRYPTO, ONE CHOSEN BY YOU AND THE THIRD CHOSEN BY THE FIRST TWO ARBITRATORS. THE ARBITRATOR(S) SHALL HAVE INDUSTRY RELATED EXPERIENCE. THE ARBITRATOR(S) SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY APPLY. THE ARBITRATION ITSELF SHALL BE GOVERNED BY FEDERAL ARBITRATION ACT 9 USC §1 ET. SEQ. AND JUDGMENT UPON THE AWARD MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR OR PANEL SHALL ISSUE A REASONED AWARD. APEX CRYPTO SHALL BE RESPONSIBLE FOR THE COSTS OF THE ARBITRATION AND THE PARTIES OWN LEGAL FEES AND COSTS, UNLESS APEX CRYPTO IS THE PREVAILING PARTY, IN WHICH CASE YOU WILL PAY ONE-HALF OF THE COSTS OF THE ARBITRATION AND YOUR LEGAL FEES AND COSTS. THE ARBITRATORS SHALL BE SPECIFICALLY AUTHORIZED TO AWARD LEGAL FEES AND COSTS OF ARBITRATION TO THE PREVAILING PARTY. THE DUTY TO ARBITRATE DESCRIBED HEREIN SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THE PARTIES HEREBY WAIVE TRIAL IN A COURT OF LAW OR BY JURY. ALL ARBITRATION CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND YOU WAIVE ANY RIGHTS YOU HAVE TO PARTICIPATE IN A CLASS ACTION RELATING TO ANY MATTERS DESCRIBED IN THIS DISPUTE RESOLUTION SECTION. ANY DISPUTE REQUIRING INJUNCTIVE OR OTHER EMERGENCY EQUITABLE RELIEF MAY BE BROUGHT DIRECTLY TO A COURT OF COMPETENT JURISDICTION. THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OR FEDERAL COURT LOCATED IN CHICAGO, ILLINOIS FOR ANY SUIT SEEKING INTERIM OR INJUNCTIVE RELIEF OR TO CONFIRM AND EXECUTE UPON THE AWARD. YOU HEREBY AGREE TO SUCH EXCLUSIVE JURISDICTION AND VENUE AND WAIVE ANY RIGHTS YOU MAY HAVE TO CLAIM THAT THE FORUM IS NOT REASONABLY CONVENIENT FOR AND OTHER CLAIMS TO INVALIDATE SUCH JURISDICTION. BEFORE COMMENCING AN ACTION IN ARBITRATION, THE CUSTOMERPARTIES SHALL PROMPTLY SUBMIT ANY DISPUTE THAT THEY HAVE FAILED TO PROMPTLY RESOLVE TO MEDIATION BEFORE JAMS IN CHICAGO, ILLINOIS OR AT WHICH TIME AN ALTERNATE FORUM A LOCATION AGREED TO BY THE PARTIES, THE PARTIES SHALL JOINTLY SELECT THE MEDIATOR, OR IF THE PARTIES ARE UNABLE TO AGREE UPON A MEDIATOR, THEN THE DISPUTE SHALL BE DETERMINED SUBMITTED TO NON- BINDING MEDIATION BEFORE JAMS. THE COST OF THE MEDIATION SHALL BE PAID BY APEX CRYPTO. IF THE ARBITRATOR. CUSTOMER AND LOGIPIP PARTIES ARE UNABLE TO ACHIEVE A MUTUALLY AGREEABLE RESOLUTION OF THE DISPUTE THROUGH MEDIATION WITHIN 60 DAYS AFTER COMMENCEMENT OF MEDIATION PROCEEDINGS, THE PARTIES HEREBY AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE SUBMIT THEIR DISPUTE TO BINDING ARBITRATION DESCRIBED ABOVE. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY FILE AN ARBITRATION DEMAND AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT TIME TO COMPLY WITH ANY STATUTE OF LIMITATION OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TIMING REQUIREMENTS TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESPRESERVE ITS CLAIMS.

Appears in 1 contract

Samples: User Agreement

Arbitration Agreement. ANY DISPUTEYOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE. BY SIGNING AN ARBITRATION AGREEMENT THE PARTIES AGREE AS FOLLOWS: • ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED. • ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR CONTROVERSY BETWEEN CUSTOMERMODIFY AN ARBITRATION AWARD IS VERY LIMITED. • THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, ON ONE HANDWITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. • THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. • THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. • THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND LOGIPIP AND/OR ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. YOU AGREE THAT ANY AND ALL CONTROVERSIES THAT MAY ARISE BETWEEN YOU AND CENTERPOINT SECURITIES, PRECISION SECURITIES, ITS OFFICERS, OWNERS, AFFILITAES, DIRECTORS, AGENTS OR EMPLOYEESEMPLOYEES CONCERNING ANY ACCOUNT, ON TRANSACTION, DISPUTE, OR THE OTHER HANDCONSTRUCTION, ARISING OUT PERFORMANCE, OR BREACH OF OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP THIS OR ANY OTHER TRADING AGREEMENT BETWEEN CUSTOMER US PERTAINING TO SECURITIES AND LOGIPIP OTHER PROPERTY, WHETHER ENTERED INTO PRIOR, ON OR SUBSEQUENT TO THE DATE HEREOF, SHALL BE RESOLVED DETERMINED BY BINDING ARBITRATION. YOU AND PRECISION SECURITIES AGREE THAT THE FORUM BENEFIT OF THIS ARBITRATION AGREEMENT SHALL INURE TO ANY PRECISION SECURITIES AFFILIATE(S) NAMED IN CONNECTION WITH ANY SUCH PRECISION SECURITIES CLAIM. ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED PURSUANT TO THE FEDERAL ARBITRATION ACT AND THE LAWS OF THE STATE OF CALIFORNIA. ANY CONTROVERSY BETWEEN YOU AND YOUR BROKER SHALL BE SUBMITTED TO ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION BEFORE THE FINANCIAL INDUSTRY REGULATORY AUTHORITY, INC (“AAAFINRA), WITHIN THE UNITED STATES OF AMERICA (“USA”), ) AND SHALL BE CONDUCTED IN ACCORDANCE WITH THE AAA ARBITRATION RULES OF FINRA IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN WHEN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING OF THE ARBITRATORS, OR OF THE MAJORITY OF THEM, SHALL BE FINAL AND BINDINGFINAL, AND JUDGMENT UPON THE AWARD RENDERED MAY BE ENTERED AND ENFORCED IN ANY COURT COURT, STATE OR FEDERAL, HAVING JURISDICTION THEREOFJURISDICTION. THE ARBITRATION NO PERSONS SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERBRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE NOR SEEK TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ENFORCE ANY PRE-DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION; OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT WHO IS A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASSPUTATIVE CLASS WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (I) THE CLASS CERTIFICATION IS DENIED, OR TO ACT IN ANY ARBITRATION IN (II) THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENTCLASS IS DECERTIFIED, OR RESULT (III) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A WAIVER OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESRIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN. YOU UNDERSTAND THAT ANY COMPLAINTS SHOULD BE DIRECTED TO THE YOUR BROKER’S MAIN ADDRESS 16885 XXX XXX XXXXX XX, XXXXX 000, XXX XXXXX, XX 00000, ATTENTION: COMPLIANCE.

Appears in 1 contract

Samples: Account Agreement

Arbitration Agreement. ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, US ARISING OUT OF YOUR BUSINESS OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATIONSUBMITTED TO ARBITRATION CONDUCTED BEFORE THE NEW YORK STOCK EXCHANGE, INC., OR NASD DISPUTE RESOLUTION, INC. THE FORUM OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”OR THEIR SUCCESSOR FIRMS), WITHIN THE UNITED STATES OF AMERICA (“USA”), AND IN ACCORDANCE WITH THE AAA ARBITRATION THEN RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OBTAINING OF THE USASELECTED ORGANIZATION AND SHALL BE CONDUCTED AS A BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE OTHER PARTY OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE, THEREIN ELECTING THE ARBITRATION TRIBUNAL. NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PRE-DISPUTE BETWEEN ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION AND WHO IS A MEMBER OF A PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (i) THE CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR (iii) THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN IS EXCLUDED FROM THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED CLASS BY THE ARBITRATORCOURT. CUSTOMER AND LOGIPIP AGREE SUCH FORBEARANCE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A WAIVER OF ANY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE IMPLEMENTATION OF ARBITRATION PROCEEDINGSEXTENT STATED HEREIN. ALL STATUTES OF LIMITATIONS APPLICABLE UNLESS SPECIFICALLY AGREED TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF IN THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIMEEXPRESSLY REQUIRED BY STATUTE, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER BROKER NOR LOGIPIP FIRST CLEARING SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS AN AWARD OF ATTORNEYS’ FEES AND NO ARBITRATOR SHALL BE AUTHORIZED TO MAKE SUCH AN AWARD IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESBETWEEN BROKER AND FIRST CLEARING.

Appears in 1 contract

Samples: Disclosed Clearing Agreement (Summit Financial Services Group Inc)

Arbitration Agreement. I AGREE THAT ANY CURRENT OR FUTURE DISPUTE, CLAIM CLAIM, ACTION, OR CONTROVERSY BETWEEN CUSTOMERPROCEEDING RELATED TO, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, ARISING OUT OF OF, THIS AGREEMENT OR RELATING TO MY PRESENCE AT THE CUSTOMER AGREEMENTSTADIUM (COLLECTIVELY, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP THE “CLAIMS”) SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. I, ON BEHALF OF MYSELF AND MY RELATED PERSONS, AND THE FORUM RELEASED PARTIES EACH AGREE THAT ALL CLAIMS SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND EACH WAIVES ANY RIGHT TO LITIGATE ANY SUCH CLAIM IN ANY COURT, WHETHER AS AN INDIVIDUAL, CLASS, OR COLLECTIVE CLAIM, AND WAIVES ANY RIGHT TO ARBITRATE ANY SUCH CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF I, OR ANY OF MY RELATED PERSONS, DO NOT CONSENT TO THIS CLAUSE, I MUST LEAVE OR NOT ENTER THE STADIUM. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT. SHOULD ANY CURRENT OR FUTURE CLAIMS ARISE BETWEEN ME AND THE CLUB, MLS, OR MANAGEMENT, I SHALL SEND A WRITTEN NOTICE DESCRIBING THE ISSUE (A “DISPUTE NOTICE”) TO HOUSTON DYNAMO, AT 0000 XXXXX XXXXXX, XXXXXXX, XXXXX 00000, ATTENTION: LEGAL DEPARTMENT. I AND THE CLUB, MLS, AND/OR MANAGEMENT AGREE TO MAKE A GOOD-FAITH EFFORT TO RESOLVE THE DISPUTE FOR AT LEAST 30 DAYS (THE “NEGOTIATION PERIOD”) FOLLOWING RECEIPT OF THE DISPUTE NOTICE. IF I AND THE CLUB, MLS, AND/OR MANAGEMENT CANNOT RESOLVE THE CLAIM WITHIN THE NEGOTIATION PERIOD, I UNDERSTAND THAT THE CLAIM SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION MAY BE AMERICAN HELD BEFORE A NEUTRAL, SINGLE ARBITRATOR IN HOUSTON, TEXAS CONDUCTED BY THE JUDICIAL ARBITRATION ASSOCIATION MEDIATION SERVICES, INC. (“AAAJAMS), WITHIN THE UNITED STATES OF AMERICA (“USA”), ) IN ACCORDANCE WITH THE AAA JAMS COMPREHENSIVE ARBITRATION RULES IN EFFECT AT AND PROCEDURES EFFECTIVE JUNE 1, 2021. I AGREE THAT ANY AND ALL ISSUES RELATING OR PERTAINING TO ARBITRATION OR THIS ARBITRATION CLAUSE, INCLUDING BUT NOT LIMITED TO THE TIME SUCH ARBITRATION IS COMMENCED, THRESHOLD QUESTION OF ARBITRABILITY OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS ENFORCEABILITY OR VALIDITY OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONCLAUSE, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED DELEGATED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR THE ARBITRATOR SELECTED PURSUANT TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESTHIS PROVISION.

Appears in 1 contract

Samples: Arbitration and Release and Waiver of Liability Agreement

Arbitration Agreement. ANY DISPUTETHIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. BY ENTERING INTO THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: ● ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED; ● ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR CONTROVERSY BETWEEN CUSTOMERMODIFY AN ARBITRATION AWARD IS VERY LIMITED; ● THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, ON ONE HANDWITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; ● THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD EXCEPT IN VERY LIMITED CIRCUMSTANCES; ● THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY; ● THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION; AND ● THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND LOGIPIP AND/ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. THIS ARBITRATION PROVISION SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES IN THIS AGREEMENT. ANY AND ALL CONTROVERSIES, DISPUTES OR ITS OFFICERSCLAIMS BETWEEN NEXT FINANCIAL AND THE CLIENT OR THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, AGENTS OFFICERS, OR EMPLOYEES, ON THE OTHER HANDCONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM, OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS AGREEMENT OR OTHER AGREEMENTS RELATING TO YOUR PARTICIPATION IN THE CUSTOMER AGREEMENTPROGRAM, CUSTOMER(b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF NEXT FINANCIAL’S BUSINESS OR THE CLIENT'S INVESTMENT ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP (COLLECTIVELY, "CLAIMS"), SHALL BE RESOLVED CONDUCTED SOLELY BY BINDING ARBITRATIONARBITRATION PURSUANT TO THE RULES THEN IN EFFECT OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION MUST BE COMMENCED BY SERVICE OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE UPON THE OTHER PARTY. THE FORUM DECISION AND AWARD OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP ARBITRATOR(S) SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL CONCLUSIVE AND BINDINGBINDING UPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. THE ANY SUCH ARBITRATION SHALL BE HELD UNLESS IN THE FORUM IS NOT REASONABLY CONVENIENT FOR STATE OF CALIFORNIA. THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM PARTIES AGREE THAT THERE SHALL BE DETERMINED BY NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS, AND THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE CLIENT EXPRESSLY WAIVES ANY RIGHT TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF BRING A CLASS ACTION LAWSUIT OR ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE AGAINST Next Financial OR ITS REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS WITH RESPECT TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIPCLAIMS. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONNotwithstanding the foregoing or anything to the contrary in this Agreement, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESin no way shall this Agreement constitute a waiver or limitation of rights that the Client may have under federal or state securities laws to pursue a remedy by other means if and to the extent such laws guaranty such right to the Client and do not permit the waiver thereof.

Appears in 1 contract

Samples: Investment Advisory Agreement

Arbitration Agreement. ANY DISPUTETHIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE. BY SIGNING AN ARBITRATION AGREEMENT THE PARTIES AGREE AS FOLLOWS: a. ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, CLAIM OR CONTROVERSY BETWEEN CUSTOMERINCLUDING THE RIGHT TO A TRIAL BY JURY, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON EXCEPT AS PROVIDED BY THE OTHER HAND, ARISING OUT OF OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATION. THE FORUM RULES OF THE ARBITRATION FORM IN WHICH A CLAIM IS FILED; b. ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. c. THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; d. THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE. e. THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. f. THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE AMERICAN BROUGHT IN COURT. g. THE RULES OF THE ARBITRATION ASSOCIATION (“AAA”)FORUM IN WHICH THE CLAIM IS FILED, WITHIN AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. THE UNITED STATES OF AMERICA (“USA”), FOLLOWING ARBITRATION AGREEMENT SHOULD BE READ IN ACCORDANCE CONJUNCTION WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCEDDISCLOSURES ABOVE. ANY AND ALL CONTROVERSIES, DISPUTES OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE CLAIMS BETWEEN THE CUSTOMER AND LOGIPIP YOU, OR THE INTRODUCING BROKER, OR THE AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS OR CONTROL PERSONS OF YOU OR THE INTRODUCING BROKER, ARISING OUT OF, IN CONNECTION WITH, FROM OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS AGREEMENT OR ANY RELATED AGREEMENTS, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF YOUR BUSINESS, THE INTRODUCING BROKER'S BUSINESS OR THE CUSTOMER'S ACCOUNTS, SHALL BE RESOLVED IN CONDUCTED PURSUANT TO THE INTERNATIONAL DIVISION CODE OF AAA, ARBITRATION PROCEDURE OF THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION FINANCIAL\n INDUSTRY REGULATORY AUTHORITY (“ICDRFINRA”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE DECISION AND AWARD IN SUCH ARBITRATION PROCEEDING OF THE ARBITRATOR(S) SHALL BE FINAL CONCLUSIVE AND BINDINGBINDING UPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERNo person shall bring a putative or certified class action to arbitration, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATORnor seek to enforce any pre- dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESSuch forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.

Appears in 1 contract

Samples: Options Agreement

Arbitration Agreement. ANY DISPUTEThis Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, CLAIM OR CONTROVERSY BETWEEN CUSTOMERthe parties agree as follows: • ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, ON ONE HANDINCLUDING THE RIGHT TO A TRIAL BY JURY, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON EXCEPT AS PROVIDED BY THE OTHER HAND, ARISING OUT OF OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATION. THE FORUM RULES OF THE ARBITRATION MAY BE AMERICAN FORUM IN WHICH A CLAIM IS FILED. • ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. • THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. • THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. • THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. • THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION AMENDMENTS THERETO, SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERINCORPORATED IN THIS AGREEMENT. Client and Baird agree that any claim or controversy between Client or Authorized Representatives, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATORAgents or employees of Client on the one hand, and Baird or any of Xxxxx’x present or former officers, directors, agents or employees on the other hand, shall be settled by arbitration. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONThis Arbitration Agreement shall apply to any claim, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIMEcontroversy or issue arising from events that occurred prior to, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATIONon, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.or subsequent to the execution of this Arbitration Agreement concerning or relating to:

Appears in 1 contract

Samples: Client Margin Agreement Supplement

Arbitration Agreement. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT: ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, US ARISING OUT OF YOUR BUSINESS OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION. SUBMITTED TO ARBITRATION CONDUCTED BEFORE THE FORUM OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”)NEW YORK STOCK EXCHANGE, WITHIN THE UNITED STATES OF AMERICA (“USA”)INC., OR NASD REGULATION INC., AND IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OBTAINING OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER SELECTED ORGANIZATION AND LOGIPIP SHALL BE RESOLVED IN CONDUCTED AS A BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE INTERNATIONAL DIVISION OTHER PARTY OF AAAA WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THEREIN ELECTING THE ARBITRATION TRIBUNAL. NO PERSON SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERBRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE NOR SEEK TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ENFORCE ANY PRE-DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR AGAINST ANY OTHER RELATIONSHIP BETWEEN CUSTOMER PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT WHO IS A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE GENERAL PUBLIC CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (i) THE CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR OF (iii) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT WAIVER OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESRIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.

Appears in 1 contract

Samples: Disclosed Clearing Agreement (Siebert Financial Corp)

Arbitration Agreement. AGREEMENT TO ARBITRATE Initial here: _ AUGUSTA AND CLIENT AGREE TO ARBITRATE, IN A FINAL AND BINDING MANNER, ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN CLIENT AND AUGUSTA (INCLUDING ANY DISPUTE, CLAIM OF AUGUSTA'S CURRENT OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS FORMER OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON OR AGENTS) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT; ANY PAST, PRESENT, OR FUTURE TRANSACTION BETWEEN CLIENT AND AUGUSTA; ANY PAST, PRESENT, OR FUTURE INTERACTION BETWEEN CLIENT AND AUGUSTA; CLIENT’S AUGUSTA ACCOUNT; OR ANY SERVICE PROVIDED BY AUGUSTA TO CLIENT AT ANY TIME. THIS AGREEMENT TO ARBITRATE SHALL BE SUBJECT TO AND GOVERNED BY THE OTHER HAND, FEDERAL ARBITRATION ACT. THE FEDERAL ARBITRATION ACT WILL APPLY EVEN THOUGH THE AGREEMENT PROVIDES THAT IT IS GOVERNED BY THE LAW OF THE STATE OF CALIFORNIA. SCOPE OF ARBITRATION AGREEMENT AUGUSTA AND CLIENT AGREE THAT THE ARBITRATOR WILL DETERMINE ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO ANY BREACH, TERMINATION, ENFORCEMENT, AND INTERPRETATION OF THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATION. AS WELL AS THE FORUM OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”)SCOPE, WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDINGAPPLICABILITY, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS VALIDITY OF THIS ARBITRATION AGREEMENT, INCLUDING ANY ALLEGATIONS THAT THE ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONIS UNCONSCIONABLE OR UNENFORCEABLE IN ANYWAY. Initial here: Applicable Rules Augusta and Client agree that any arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures when the amount in controversy is greater than $250,000 and JAMS' Streamlined Arbitration Rules when the amount in controversy is less than or equal to $250,000. The parties agree that a single arbitrator shall be selected to adjudicate all disputes. The selection and replacement of an arbitrator shall be in accordance with JAMS' Rules. Client should review JAMS’ Rules, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESwhich are located at: xxxx://xxx.xxxxxxx.xxx.

Appears in 1 contract

Samples: Transaction Agreement

Arbitration Agreement. EACH PARTY AGREES TO ADVISE THE OTHER PARTY PROMPTLY IN THE EVENT A DISPUTE ARISES BETWEEN THEM (OR ANY OF THEIR AFFILIATES, IT BEING UNDERSTOOD THAT AFFILIATES ARE BOUND BY THIS USER AGREEMENT). THE PARTIES AGREE TO ATTEMPT TO RESOLVE ANY SUCH DISPUTE INFORMALLY BEFORE FILING A FORMAL ACTION. IF A DISPUTE CANNOT BE RESOLVED INFORMALLY WITHIN THIRTY (30) DAYS, AND MEDIATION (DESCRIBED BELOW) FAILS TO RESOLVE THE DISPUTE, CLAIM EITHER PARTY MAY FILE AN ARBITRATION DEMAND. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY FILE AN ARBITRATION DEMAND PRIOR TO SUCH TIME TO COMPLY WITH ANY STATUTE OF LIMITATION OR CONTROVERSY TIMING REQUIREMENTS TO PRESERVE ITS CLAIMS. ANY CONTROVERSY, DEMAND, CAUSE OF ACTION, WHETHER IN TORT, CONTRACT, BY STATUTE OR OTHERWISE, BETWEEN CUSTOMER, ON ONE HAND, YOU AND LOGIPIP AND/BAKKT CRYPTO (OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, AFFILIATES) INCLUDING THOSE ARISING OUT OF OR RELATING TO THE CUSTOMER THIS AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP THE ACCOUNT, ANY ACTIVITIES IN THE ACCOUNT, INCLUDING WITHOUT LIMITATION, ANY USE OF THE SERVICES, USE OF THE PLATFORM, THIRD PARTY SERVICES, SENDING ORDERS FOR THE PURCHASE OR ANY OTHER TRADING BETWEEN CUSTOMER SALE OF CRYPTOCURRENCIES, AND LOGIPIP THE STORAGE OF YOUR CRYPTOCURRENCIES, SHALL BE EXCLUSIVELY, FULLY AND FINALLY RESOLVED BY BINDING ARBITRATIONARBITRATION PURSUANT TO THE JAMS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES (INCLUDING THE EXPEDITED PROCEDURES FOR SUCH RULES IF THE MATTER IS ARBITRATED BY A SINGLE ARBITRATOR). THE FORUM OF ARBITRATION WILL BE HELD IN CHICAGO, ILLINOIS, UNLESS SUCH LOCATION IS NOT CONVENIENT, THE ARBITRATION MAY WILL BE AMERICAN HELD IN THE COUNTY OF YOUR RESIDENCE. ARBITRATION ASSOCIATION (“AAA”), WITHIN MUST BE COMMENCED BY SERVICE UPON THE UNITED STATES OTHER PARTY OF AMERICA (“USA”), IN ACCORDANCE WITH A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP MATTER SHALL BE RESOLVED DECIDED BY ONE INDEPENDENT ARBITRATOR, UNLESS THE AMOUNT IN THE INTERNATIONAL DIVISION DISPUTE IS IN EXCESS OF AAA$1,000,000, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THEN THE ARBITRATION SHALL BE HELD DECIDED BY A PANEL OF THREE INDEPENDENT ARBITRATORS, ONE CHOSEN BY BAKKT CRYPTO, ONE CHOSEN BY YOU AND THE THIRD CHOSEN BY THE FIRST TWO ARBITRATORS. THE ARBITRATOR(S) SHALL HAVE INDUSTRY RELATED EXPERIENCE. THE ARBITRATOR(S) SHALL APPLY THE SUBSTANTIVE LAW OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES THAT MAY APPLY. THE ARBITRATION ITSELF SHALL BE GOVERNED BY FEDERAL ARBITRATION ACT 9 USC §1 ET. SEQ. AND JUDGMENT UPON THE AWARD MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATOR OR PANEL SHALL ISSUE A REASONED AWARD. BAKKT CRYPTO SHALL BE RESPONSIBLE FOR THE COSTS OF THE ARBITRATION AND THE PARTIES OWN LEGAL FEES AND COSTS, UNLESS BAKKT CRYPTO IS THE PREVAILING PARTY, IN WHICH CASE YOU WILL PAY ONE-HALF OF THE COSTS OF THE ARBITRATION AND YOUR LEGAL FEES AND COSTS. THE ARBITRATORS SHALL BE SPECIFICALLY AUTHORIZED TO AWARD LEGAL FEES AND COSTS OF ARBITRATION TO THE PREVAILING PARTY. THE DUTY TO ARBITRATE DESCRIBED HEREIN SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. THE PARTIES HEREBY WAIVE TRIAL IN A COURT OF LAW OR BY JURY. ALL ARBITRATION CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND YOU WAIVE ANY RIGHTS YOU HAVE TO PARTICIPATE IN A CLASS ACTION RELATING TO ANY MATTERS DESCRIBED IN THIS DISPUTE RESOLUTION SECTION. ANY DISPUTE REQUIRING INJUNCTIVE OR OTHER EMERGENCY EQUITABLE RELIEF MAY BE BROUGHT DIRECTLY TO A COURT OF COMPETENT JURISDICTION. THE PARTIES SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OR FEDERAL COURT LOCATED IN CHICAGO, ILLINOIS FOR ANY SUIT SEEKING INTERIM OR INJUNCTIVE RELIEF OR TO CONFIRM AND EXECUTE UPON THE AWARD. YOU HEREBY AGREE TO SUCH EXCLUSIVE JURISDICTION AND VENUE AND WAIVE ANY RIGHTS YOU MAY HAVE TO CLAIM THAT THE FORUM IS NOT REASONABLY CONVENIENT FOR AND OTHER CLAIMS TO INVALIDATE SUCH JURISDICTION. BEFORE COMMENCING AN ACTION IN ARBITRATION, THE CUSTOMERPARTIES SHALL PROMPTLY SUBMIT ANY DISPUTE THAT THEY HAVE FAILED TO PROMPTLY RESOLVE TO MEDIATION BEFORE JAMS IN CHICAGO, ILLINOIS OR AT WHICH TIME AN ALTERNATE FORUM A LOCATION AGREED TO BY THE PARTIES, THE PARTIES SHALL JOINTLY SELECT THE MEDIATOR, OR IF THE PARTIES ARE UNABLE TO AGREE UPON A MEDIATOR, THEN THE DISPUTE SHALL BE DETERMINED SUBMITTED TO NON-BINDING MEDIATION BEFORE JAMS. THE COST OF THE MEDIATION SHALL BE PAID BY BAKKT CRYPTO. IF THE ARBITRATOR. CUSTOMER AND LOGIPIP PARTIES ARE UNABLE TO ACHIEVE A MUTUALLY AGREEABLE RESOLUTION OF THE DISPUTE THROUGH MEDIATION WITHIN 60 DAYS AFTER COMMENCEMENT OF MEDIATION PROCEEDINGS, THE PARTIES HEREBY AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE SUBMIT THEIR DISPUTE TO BINDING ARBITRATION DESCRIBED ABOVE. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY FILE AN ARBITRATION DEMAND AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT TIME TO COMPLY WITH ANY STATUTE OF LIMITATION OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TIMING REQUIREMENTS TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESPRESERVE ITS CLAIMS.

Appears in 1 contract

Samples: User Agreement

Arbitration Agreement. ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, US ARISING OUT OF YOUR BUSINESS OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION. SUBMITTED TO ARBITRATION CONDUCTED BEFORE THE FORUM OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”)NASD REGULATION INC., WITHIN THE UNITED STATES OF AMERICA (“USA”), AND IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OBTAINING OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER SELECTED ORGANIZATION AND LOGIPIP SHALL BE RESOLVED IN CONDUCTED AS A BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE INTERNATIONAL DIVISION OTHER PARTY OF AAAA WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THEREIN ELECTING THE ARBITRATION TRIBUNAL. NO PERSON SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERBRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE NOR SEEK TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ENFORCE ANY PRE-DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR AGAINST ANY OTHER RELATIONSHIP BETWEEN CUSTOMER PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT WHO IS A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE GENERAL PUBLIC CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (i) THE CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR OF (iii) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT WAIVER OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESRIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.

Appears in 1 contract

Samples: Disclosed Clearing Agreement (International Assets Holding Corp)

Arbitration Agreement. I UNDERSTAND THAT ANY DISPUTE, CLAIM OR CONTROVERSY AND ALL DISPUTES BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP MYSELF (AND/OR ITS OFFICERSANY ENROLLED FAMILY MEMBER) AND SISC III (INCLUDING CLAIMS ADMINISTRATOR OR AFFILIATE) INCLUDING CLAIMS FOR MEDICAL MALPRACTICE, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, ARISING OUT OF OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL MUST BE RESOLVED BY BINDING ARBITRATION. , IF THE FORUM AMOUNT IN DISPUTE EXCEEDS THE JURISDICTIONAL LIMIT OF THE SMALL CLAIMS COURT, AND NOT BY LAWSUIT OR RESORT TO COURT PROCESS, EXCEPT AS CALIFORNIA LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEED- INGS. UNDER THIS COVERAGE, BOTH THE MEMBER AND SISC III ARE GIVING UP THE RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY. XXXX XXX AND THE MEMBER ALSO AGREE TO GIVE UP ANY RIGHT TO PURSUE ON A CLASS BASIS ANY CLAIM OR CONTROVERSY AGAINST THE OTHER. (FOR MORE INFORMATION REGARDING BINDING ARBITRATION, PLEASE REFER TO YOUR EVIDENCE OF COVERAGE BOOKLET.) X Applicant Signature Date APPLICANT: PLEASE REMOVE AND KEEP THE LAST PAGE (NOTICE OF PRIVACY PRACTICES) Rev. 4/26/11 PPOenrollment.indd NOTICE OF PRIVACY PRACTICES FOR THE USE AND DISCLOSURE OF PRIVATE HEALTH INFORMATION THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”)USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. Effective Date: April 14, WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES2003 Anyone has the right to ask for a paper copy of this Notice at any time.

Appears in 1 contract

Samples: www.murrieta.k12.ca.us

Arbitration Agreement. ALL PARTIES TO THIS ADVISORY AGREEMENT AGREE THAT UPON THE ELECTION OF ANY DISPUTEOF THEM, CLAIM ANY DISPUTE RELATING IN ANY WAY TO THIS AGREEMENT, YOUR ACCOUNT(S), OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HANDTRANSACTIONS WILL BE RESOLVED BY BINDING ARBITRATION AS DISCUSSED BELOW, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, ARISING OUT OF OR RELATING NOT THROUGH LITIGATION IN ANY COURT. THIS ARBITRATION AGREEMENT IS ENTERED INTO PURSUANT TO THE CUSTOMER AGREEMENTFEDERAL ARBITRATION ACT, CUSTOMER’S ACCOUNT WITH LOGIPIP 9 U.S.C. §§ 1-16: ● ALL PARTIES TO THIS ADVISORY AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED; ● ALL PARTIES TO THIS ADVISORY AGREEMENT WAIVE ANY ABILITY TO PARTICIPATE IN A CLASS OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES MUST BE RESOLVED BY BINDING ARBITRATION. , ON AN INDIVIDUAL BASIS, WHEN EITHER YOU OR WE REQUEST IT; ● ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED; ● THE FORUM ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; ● THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD EXCEPT IN VERY LIMITED CIRCUMSTANCES; ● THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY; ● THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION; AND ● THE RULES OF THE ARBITRATION MAY FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS ADVISORY AGREEMENT. THIS ARBITRATION PROVISION SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES IN THIS ADVISORY AGREEMENT. ANY AND ALL CONTROVERSIES, DISPUTES OR CLAIMS BETWEEN THE PARTIES OR THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM, OR WITH RESPECT TO (i) ANY PROVISIONS OF OR THE VALIDITY OF THIS ADVISORY AGREEMENT OR OTHER AGREEMENTS RELATING TO YOUR PARTICIPATION IN THE SERVICES, (ii) THE RELATIONSHIP OF THE PARTIES HERETO, (iii) ANY CONTROVERSY ARISING OUT OF OUR BUSINESS OR YOUR INVESTMENT ACCOUNT (COLLECTIVELY, "CLAIMS"), OR (iv) ANY TRANSACTIONS IN YOUR INVESTMENT ACCOUNT SHALL BE CONDUCTED SOLELY BY ARBITRATION PURSUANT TO THE RULES THEN IN EFFECT OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”)ASSOCIATION. ARBITRATION MUST BE COMMENCED BY SERVICE OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE UPON THE OTHER PARTY. THE DECISION AND AWARD OF THE ARBITRATOR(S) SHALL BE CONCLUSIVE AND BINDING UPON ALL PARTIES. EACH SIDE IS RESPONSIBLE FOR ITS OWN SHARE OF ARBITRATOR FEES ASSESSED BY THE ARBITRATOR UNDER THE ARBITRATION ADMINISTRATOR’S RULES OF PROCEDURE. IF YOU BELIEVE THAT YOU ARE UNABLE TO AFFORD ANY FEES THAT WOULD BE YOURS TO PAY, WITHIN YOU MAY REQUEST THAT WE PAY OR REIMBURSE THEM, AND WE WILL CONSIDER YOUR REQUEST IN GOOD FAITH. THE UNITED STATES OF AMERICA (“USA”)PARTIES AGREE THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS, IN ACCORDANCE WITH THE AAA AND YOU EXPRESSLY WAIVE ANY RIGHT TO BRING A CLASS ACTION LAWSUIT OR ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCEDAGAINST US OR OUR REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE CONTROL PERSONS WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE RESPECT TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIPCLAIMS. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONNotwithstanding the foregoing or anything to the contrary in this Advisory Agreement, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESin no way shall this Advisory Agreement constitute a waiver or limitation of rights that you may have under federal or state securities laws to pursue a remedy by other means if and to the extent such laws guaranty you such right and do not permit the waiver thereof.

Appears in 1 contract

Samples: Advisory Agreement

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Arbitration Agreement. ANY DISPUTEWAIVER OF RIGHT TO SUE IN COURT, AND WAIVER OF CLASS ACTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE MARYLAND LAW, IF THERE IS AN ISSUE, CLAIM OR CONTROVERSY BETWEEN CUSTOMERDISPUTE RELATING TO THIS NATURAL GAS & ELECTRIC SUPPLY AGREEMENT THAT NEEDS TO BE RESOLVED AND WE ARE UNABLE TO RESOLVE IT INFORMALLY, ON ONE HANDIT MUST BE RESOLVED THROUGH FINAL, BINDING ARBITRATION AND WE MUTUALLY FOREGO THE RIGHT TO RESOLVE IT IN A COURT OF LAW. THIS APPLIES REGARDLESS OF WHETHER THE ISSUE, CLAIM OR DISPUTE INVOLVES A TORT, FRAUD, BREACH OF CONTRACT, MISREPRESENTATION, PRODUCT LIABILITY, NEGLIGENCE, AND LOGIPIP AND/VIOLATION OF A STATUTE OR ITS OFFICERSANY OTHER LEGAL THEORY. INCLUDED ARE ALL ISSUES, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, CLAIMS AND DISPUTES ARISING OUT OF OR RELATING ANY ASPECT OF YOUR PARTICIPATION IN THIS NATURAL GAS & ELECTRIC POWER SUPPLY AGREEMENT AND AUTHORIZATION TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP SWITCH GAS SUPPLY SERVICE AND/OR ELECTRIC GENERATION SERVICE TO GREENLIGHT ENERGY WHETHER ARISING DURING OR AFTER YOUR PARTICIPATION IN THIS NATURAL GAS & ELECTRIC POWER SUPPLY AGREEMENT AND AUTHORIZATION TO SWITCH GAS SUPPLY SERVICE AND/OR ELECTRIC GENERATION SERVICE TO GREENLIGHT ENERGY. ALL ARBITRATIONS SHALL BE CONDUCTED ON AN INDIVIDUAL (AND NOT A CLASS-WIDE) BASIS AND AN ARBITRATOR SHALL HAVE NO AUTHORITY TO AWARD CLASS-WIDE RELIEF. YOU ACKNOWLEDGE AND AGREE THAT THIS SPECIFICALLY PROHIBITS YOU FROM COMMENCING ARBITRATION OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATION. THE FORUM PROCEEDINGS AS A REPRESENTATIVE OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OTHERS OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED JOINING IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIPPROCEEDINGS BROUGHT BY ANY OTHER PERSON. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE NOTWITHSTANDING THE SUBMISSION OF FOREGOING, THIS PARAGRAPH DOES NOT PREVENT YOU FROM FILING A COMPLAINT TO THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESPSC.

Appears in 1 contract

Samples: gogreenlightenergy.com

Arbitration Agreement. FOR ALL OTHER CLAIMS: ANY DISPUTEAND ALL OTHER DISPUTES, CLAIM CLAIMS, OR CONTROVERSY BETWEEN CUSTOMERCONTROVERSIES WHATSOEVER, EXCEPT FOR PERSONAL INJURY, ILLNESS OR DEATH OF A PASSENGER WHETHER BASED ON ONE HANDCONTRACT, AND LOGIPIP AND/TORT, STATUTORY, CONSTITUTIONAL OR ITS OFFICERSOTHER LEGAL RIGHTS, DIRECTORSINCLUDING BUT NOT LIMITED TO ALLEGED VIOLATION OF CIVIL RIGHTS, AGENTS DISCRIMINATION, CONSUMER OR EMPLOYEESPRIVACY LAWS, ON THE OTHER HANDOR FOR ANY LOSSES, DAMAGES OR EXPENSES, RELATING TO OR IN ANY WAY ARISING OUT OF OR RELATING CONNECTED WITH THIS CONTRACT OR PASSENGER'S CRUISE, NO MATTER HOW DESCRIBED, PLEADED OR STYLED, SHALL BE REFERRED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION PURSUANT TO THE CUSTOMER AGREEMENTUNITED NATIONS CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958), CUSTOMER’S ACCOUNT WITH LOGIPIP OR 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 ('THE CONVENTION”) AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§ 1, ET SEQ., (“FAA”) SOLELY IN PALM BEACH, FLORIDA, U.S.A. TO THE EXCLUSION OF ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP FORUM. THE ARBITRATION SHALL BE RESOLVED ADMINISTERED BY BINDING ARBITRATION. THE FORUM OF THE NATIONAL ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION AND MEDIATION (“AAANAM), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION ) UNDER ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES AND NAM’S FEE SCHEDULE IN EFFECT AT THE TIME SUCH OF THE PROCEDURE, EACH OF WHICH ARE DEEMED TO BE INCORPORATED HEREIN BY REFERENCE. ANY QUESTION ABOUT THE ARBITRATION IS COMMENCEDADMINISTRATORS MENTIONED ABOVE MAY BE DIRECTED TO THEM AS FOLLOWS: NATIONAL ARBITRATION AND MEDIATION, INC., 000 XXXXXXX XXX, 1ST FL., GARDEN CITY, NY 11530, PHONE: (000) 000-0000 EXT. 128. NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL NOR TO ENGAGE IN PRE- ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN OTHERWISE TO LITIGATE THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, CLAIM IN ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCEDCOURT. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL ARBITRATOR'S DECISION WILL BE FINAL AND BINDING, AND . OTHER RIGHTS THAT PASSENGER OR CARRIER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. AN AWARD RENDERED BY AN ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOFUNDER THE CONVENTION OR FAA. PASSENGER AND CARRIER FURTHER AGREE TO PERMIT THE TAKING OF A DEPOSITION UNDER OATH OF THE PASSENGER ASSERTING THE CLAIM, OR FOR WHOSE BENEFIT THE CLAIM IS ASSERTED, IN ANY SUCH ARBITRATION. THE ARBITRATION ARBITRATOR AND NOT ANY FEDERAL, STATE OR LOCAL COURT OR AGENCY, SHALL BE HELD UNLESS HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE FORUM IS INTERPRETATION, APPLICABILITY, ENFORCEABILITY OR FORMATION OF THIS AGREEMENT INCLUDING, BUT NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE LIMITED TO ANY DISPUTE CLAIM THAT ALL OR ANY PART OF THIS AGREEMENT IS VOID OR VOIDABLE. IN THE EVENT THIS PROVISION IS DEEMED UNENFORCEABLE BY AN ARBITRATOR OR COURT OF COMPETENT JURISDICTION FOR ANY REASON, THEN AND ONLY THEN THE PROVISIONS OF SECTION 9 ABOVE GOVERNING VENUE AND JURISDICTION SHALL EXCLUSIVELY APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF LAWSUIT INVOLVING CLAIMS DESCRIBED IN THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESS ECTION 10(c).

Appears in 1 contract

Samples: www.bahamasparadisecruise.com

Arbitration Agreement. IT IS HEREBY AGREED AND UNDERSTOOD THAT ANY DISPUTECONTROVERSY OR CLAIM RELATING TO THIS AGREEMENT, CLAIM OR CONTROVERSY BETWEEN CUSTOMERTHE BREACH THEREOF, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, ARISING OUT OF OR RELATING TO THE CUSTOMER AGREEMENTRENDERING OF CARE BY THE ALF TO YOU, CUSTOMER’S ACCOUNT WITH LOGIPIP INCLUDING, BUT NOT LIMITED TO ANY CLAIMS FOR NEGLIGENCE, WRONGFUL DEATH OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP VIOLATIONS OF RESIDENT'S RIGHTS, SHALL BE RESOLVED SETTLED BY NEUTRAL BINDING ARBITRATION. THE FORUM OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA RULES OF AMERICAN ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDINGASSOCIATION, AND MAY BE ENTERED IN NOT BY ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT ACTION EXCEPT AS PROVIDED BY FLORIDA LAW FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. ALL STATUTES ANY COURT HAVING APPROPRIATE JURISDICTION MAY ENTER JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S). FILING A JUDICIAL ACTION TO ENABLE THE RECORDING OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS A NOTICE OF THIS ARBITRATION AGREEMENT PENDING ACTION, FOR ORDER OF ATTACHMENT, RECEIVERSHIP, INJUNCTION OR OTHER PROVISIONAL REMEDIES SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION NOT CONSTITUTE A WAIVER OF THE DISPUTE RIGHT TO BINDING ARBITRATION AT ARBITRATE UNDER THIS PARAGRAPH. ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT CLAIMS OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN DISPUTES WITH OR CONSOLIDATE DISPUTES AGAINST INDIVIDUALS EMPLOYED BY OR AGAINST OTHERS ASSOCIATED WITH THE ALF SHALL ALSO BE SUBMITTED TO ARBITRATION UNDER THIS PROVISION. ________________________________________________________________________________ ________________________________________________________________________________ I (we) hereby acknowledge that I (we) have read this entire seventeen paragraph Agreement and understand and agree to all of the terms set forth herein, including but not limited to the various releases and the arbitration clause. I (we) also acknowledge that if we lack proficiency in the English language, we have requested, and have received a Spanish translation of the terms of this Agreement. Yo (nosotros) por medio de mi firma testifico que he leido todo este contrato. Este contrato/acuerdo tiene diez y siete clausulas con las cuales estoy de acuerdo. Entiendo todos los terminos aqui mencionados, incluyendo la clausula de arbitracion y los relevos aqui mencionados. Yo (nosotros) tambien estamos informados que si no entendemos todo este contrato, hemos pedido que nos los expliquen en Espanol, y que hemos recibido una explicacion de todos los terminos aqui incluidos. I (we) further acknowledge that the Resident and the Responsible Party, if any, have made the above promises and representations in order to induce the ALF to enter this contract, and the Resident and Responsible Party, if any, acknowledge(s) that the ALF, in entering into this contract is relying upon the truthfulness of the promises and representations herein of the Resident and Responsible Party, if any. Yo (nosotros) ademas testificamos que el Residente of Persona con Responsabilidad por el Residente, hemos prometido seguir las representaciones aqui hechas para inducir a estate ALF a entrar en este contrato conmigo. Entendemos tambien que el ALF al entrar en esta contrato conmigo esta aceptando toda la informacion que le he dade acerca de mi persona como veridica y cierta. I (we) also agree to follow the ALF's policies and procedures stated in the admission packet given to Resident and/or Repsonsible Party upon admission. Yo (nosotros) estamos de acuerdo en seguir todas las polizas del ALF incluidas en el folleto de admission, el cual he recibido. IN ANY ARBITRATIONWITNESS WHEREOF, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASSWILLIAMSBURG RETIREMENT LIVING, OR TO ACT IN ANY ARBITRATION IN INC. AND YOU HAVE EXECUTED THIS AGREEMENT ON THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERALDATE SET FORTH BELOW. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.Resident Signature;_________________________ Date:______________________ Responsible Party Signature:_________________ Date:______________________ ALF Representative:__________________________ Date:______________________

Appears in 1 contract

Samples: Post Closing Agreement (SFBC International Inc)

Arbitration Agreement. ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, US ARISING OUT OF YOUR BUSINESS OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATIONSUBMITTED TO ARBITRATION CONDUCTED BEFORE THE NEW YORK STOCK EXCHANGE, INC., OR NASD DISPUTE RESOLUTION, INC. THE FORUM OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”OR THEIR SUCCESSOR FIRMS), WITHIN THE UNITED STATES OF AMERICA (“USA”), AND IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE THEN OBTAINING OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER SELECTED ORGANIZATION AND LOGIPIP SHALL BE RESOLVED IN CONDUCTED AS A BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE INTERNATIONAL DIVISION OTHER PARTY OF AAAA WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THEREIN ELECTING THE ARBITRATION TRIBUNAL. NO PERSON SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERBRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE NOR SEEK TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ENFORCE ANY PRE-DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR AGAINST ANY OTHER RELATIONSHIP BETWEEN CUSTOMER PERSON WHO HAS INITIATED TN COURT A PUTATIVE CLASS ACTION AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT WHO IS A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE GENERAL PUBLIC CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (i) THE CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR OF (iii) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT WAIVER OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESRIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.

Appears in 1 contract

Samples: Fully Disclosed Clearing Agreement (Southern Trust Securities Holding Corp)

Arbitration Agreement. THE PRIOR CONFIDENTIALITY, NON-CIRCUMVENTION & NON-DISCLOSURE AGREEMENT (CA.NDA), IF ANY, SIGNED BY REPRESENTIVE IN ANY DISPUTECAPACITY IS EXPRESSLY INCORPORATED HEREIN BY REFERENCE. A BREACH OF THAT AGREEMENT IS A BREACH OF THIS AGREEMENT. AND A BREACH OF THIS AGREEMENT IS A BREACH OF THAT AGREEMENT. AS SUCH, CLAIM ANY AND ALL DISPUTES, CONTROVERSIES OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, CLAIMS FOR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE CUSTOMER OR ANY MATTER COVERED IN THIS AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SUBSEQUENT AGREEMENT WITH THE CONTRACTOR RELATING TO ANY OF THE TERMS OF THIS AGREEMENT AND/OR THE CA.NDA SHALL BE RESOLVED BY SUBMITTED TO BINDING ARBITRATION. THIS ALSO EXPRESSLY INCLUDES ANY ACTION BROUGHT BY ANY CONTRACTOR’S CUSTOMERS OR CLIENTS FOR ANY DAMAGE OF ANY KIND. THE FORUM OF PARTIES AGREE EITHER PARTY MAY INVOKE BINDING ARBITRATION AND SUCH INVOCATION IS IRREVOCABLE. SUCH BINDING ARBITRATION SHALL ONLY BE INITIATED THROUGH STATE COURT IN DALLAS OR COLLIN COUNTY, TEXAS, AND/OR EITHER UNDER THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”), WITHIN AND/OR THE UNITED STATES DALLAS OFFICE OF AMERICA (“USA”)JAMS. SUCH SELECTION OF FORUM, IN ACCORDANCE WITH THE AAA ARBITRATION VENUE AND/OR RULES IN EFFECT ANY COURT OF COMPETENT JURISDICTION OR TRIBUNAL HEREUNDER IS AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN SOLE DISCRETION OF THE UNITED STATESCOMPANY. IF THE RECEIPENT PARTY, OR ANY CUSTOMER OR CLIENT OF RECEIPEENT PARTY SEEKS ADJUDICATION FOR ANY DAMAGES IN ANY OTHER FORUM OR VENUE, UPON TRANSFER TO THE ALLOWED VENUES HEREIN, THE ARBITRATOR SHALL IMMEDIATELY AWARD COSTS AND ATTORNEY FEES TO THE COMPANY ON AN INTERMIN BASIS FOR CORRECTING SUCH IMPROPER USE OF ARBITRATION FORUM AND/OR VENUE. THIS IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER A MANDATORY AWARD AND LOGIPIP SHALL BE RESOLVED AWARED AND ENFORCED WITHIN 30 DAYS OF CHANGE OF VENUE TO DALLAS OR COLLIN COUNTY, TEXAS. THIS AWARD SHALL BE IN THE INTERNATIONAL DIVISION FORM OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE A SANCTION AND NOT A FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOFAJUDICATION. THE ARBITRATION SHALL BE HELD UNLESS CONDUCTED BEFORE A SOLE ARBITRATOR AGREED UPON BY THE FORUM PARTIES; OTHERWISE, SELECTED BY A COURT OF COMPETENT JURISDICTION, AAA, OR JAMS. THE ARBITRATOR’S AUTHORITY SHALL BE LIMITED TO WHETHER OR NOT A PARTY BREACHED THE AGREEMENT, THE AMOUNT OF AN AWARD OF DAMAGES AS A RESULT OF THE BREACH AND/OR THE ISSUANCE OF AN INJUNCTION. IN THE EVENT THE ARBITRATOR FINDS THE CONTRACTOR BREACHED THE AGREEMENT, IN ANY MANNER WHATSOVER WHETHER THE CONTRACTOR HAS CURED OR ATTEMPTED TO CURE ITS BREACH, THE ARBITRATOR MUST AND SHALL AWARD ACTUAL ATTORNEY FEES AND MONEY DAMAGES, EVEN IF NOMINAL IN AMOUNT. IN ADDITION, IF A BREACH OF ANY NATURE HAS OCCURRED RELATED TO NON-PERMISSBLE CONTACT WITH TPIP AS LISTED UNDER THE EXISTING CA.NDA BETWEEN THE PARTIES, WHETHER CURED OR NOT, THE ARBITRATOR IN ADDITION TO DAMAGES MUST ALSO AWARD A PERMENANT INJUNCTION CONCURRENT WITH ACTUAL DAMAGES PROHIBITING THE CONTRACTOR FROM EVER CONTACTING ANY PARTY (TPIP) LISTED ON EXHIBIT “A” OF THE CONFIDENTIALITY AGREEMENT INCLUDING, BUT NOT LIMITED TO, THEIR EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS, AFFILATES AND/OR SUBSIDIARIES, DURING THE REMAINING DURATION OF THE TEN (10) YEAR PERIOD SET FORTH IN IN THE CONFIDENTIALITY AGREEMENT. A BREACH RELATED TO NON-PERMISSIBLE CONTACT WITH A TPIP SHALL BE AWARDED SOME DAMAGES, EVEN IF NOMINAL. AT ALL TIMES THE ARBITRATOR SHALL HAVE THE RIGHT TO ISSUE TEMPORARY INJUNCTIONS THAT CAN BE ENFORECED BY A COURT OF COMPETENT JURISDICTION TO HALT ANY BREACH BEFORE ISSUANCE OF A FINAL AWARD. THE INTENT OF THIS IS NOT REASONABLY CONVENIENT FOR TO PROTECT TRADE SECRETS FROM BEING USED WITHOUT COMPENSATION TO THE CUSTOMERCOMPANY. THE COMPANY SHALL HAVE THE RIGHT TO ELECT THE TYPE OF MONEY DAMAGES (BOTH GENERAL AND SPECIAL) THEY SEEK. AS SUCH, AT WHICH TIME AN ALTERNATE FORUM THEY MAY ELECT TO RECOVER: 1) EXPECTANCY DAMAGES (BENEFIT OF THE BARGAIN); 2) RELIANCE DAMAGES; 3) RESTITUTION DAMAGES (QUATUM MERIUT); 4) LOST PROFITS; 5) OUT OF POCKET DAMAGES; 6) LOSS OF GOODWILL; 7) LOSS OF CREDIT; AND/OR 7) EXEMPLARY DAMAGES. ANY DAMAGES SHALL BE DETERMINED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND NO OTHER. IN ADDITION, IF THE CONTRACTOR HAS ACQUIRED ANY ASSETS, OF ANY NATURE, AS A RESULT OF ANY BREACH, THOSE ASSETS MAY BE FORFIETED TO THE COMPANY AS AN OFFSET OF DAMAGES. THIS AWARD SHALL BE CONSIDERED LIQUIDATED DAMAGES BY THE ARBITRATOR AND SHALL BE AN OFFSET AGAINST REASONABLE DAMAGES SO AS NOT TO CREAT A PENALTY. IN ADDITION, ANY BREACH SHALL RESULT IN IMMEDIATE FOREFEITURE OF ANY MONEY CONTRACTOR HAS ON DEPOSIT WITH THE COMPANY AS LIQUIDATED DAMAGES. SUCH FOREFEITURE SHALL BE AN OFFSET AGAINST FUTURE ACTUAL DAMAGES, ATTORNEY FEES AND COSTS. FURTHER, THE COMPANY MAY ELECT TO HAVE A COMBINATION AWARD OF ANY AND ALL TYPES OF DAMAGES ALLOWED HEREIN OR UNDER TEXAS LAW TO FULLY AND COMPLETELY COMPENSATE THEM FOR ANY BREACH. MONEY DAMAGES FOR ANY BREACH BY THE COMPMANY IS LIMITED TO: 1) SPECIFIC PERFORMANCE OF ANY CONTRACT FOR GOODS, SERVICES OR FEES (PERSONAL SERVICE CONTRACTS ARE NOT ENFORCEABLE IN TEXAS AND MAY NOT BE ENFORECED BY THE ARBITRATOR) BETWEEN CONTRACTOR AND THE COM[PANY (IF SPECIFIC PERFORMANCE IS NOT AVAILABLE, THEN A REFUND OF THE PRICE OF GOODS OR PAYMENT OF FEES); 2) DAMAGES ONLY IN THE AMOUNT OF ANY EARNED MONEY ON DEPOSIT WITH COMPANY AT THE TIME THE ARBITRATION IS ENVOKED; AND 3) AN AWARD OF REASONABLE ATTORNEY FEES AND COSTS ONLY. CUSTOMER THE ARBITRATOR MAY NOT AWARD THE CONTRACTOR ANY DAMAGES FOR FUTURE LOST PROFITS, BENEFIT OF THE BARGAIN, LOSS OF BUSINESS REPUTATION, OR LOSS OF GOODWILL. ANY SUCH AWARD IS OUTSIDE THE ARBITRATIOR’S EXPRESS POWERS. ANY OTHER AWARDS, (INCLUDING FAILURE TO FIND DAMAGES, EVEN IF NOMINAL, OR TO ISSUE AN INJUNCTION IF A BREACH WAS FOUND BY THE RECEIPENT PARTY) THAN THOSE LISTED HEREIN, SHALL BE OUTSIDE THE ARBITRATOR’S EXPRESS POWERS AND LOGIPIP AGREE MAY BE IMMEDIATELY REVOKED AND/OR MODIFIED BY A COURT OF COMPETENT JURSIDICTION. THE ARBITRATOR SHALL NOT ALLOW ANY DISCOVERY OTHER THAN: 1) PRODUCTION OF BUSINESS AND FINANCIAL RECORDS WHICH EITHER SUPPORTS OR CONTRADICTS THE ALLEGED BREACH AND DAMAGES. SUCH PRODUCTION SHALL OCCUR AT LEAST 30 DAYS PRIOR TO THE FINAL ARBITRATION HEARING; AND 2) EACH PARTY MAY TAKE ALL STEPS ONE DEPOSITION OF A PARTY AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION ONE DEPOSITION OF ARBITRATION PROCEEDINGSA NON-PARTY. HEARSAY IS ONLY ALLOWED RELATING TO A TPIP, OR THEIR EMPLOYEES, OFFICERS AND/OR DIRECTORTES, AS EVIDENCE AND AFFIDAVITS OR SWORN STATEMENTS OF NON-PARTY EMPLOYEES WHO ARE LISTED AS TPIP ARE ALLOWED AS EVIDENCE. ALL STATUTES OTHER TESTIMONY SHALL BE LIVE. FURTHER, THE ARBITRATION FINAL HEARING SHALL TAKE PLACE WITHIN 120 DAYS OF LIMITATIONS APPLICABLE ANY DEMAND AND ANY AWARD SHALL ISSUE WITHIN 30 DAYS AFTER THE FINAL ARBITRATION HEARING. DEPARTURE FROM THIS PARAGRAPH BY AN ARBITRATOR SHALL CONSITUTE AN ACT OUTSIDE THE POWER OF THE ARBITRATOR AND SHALL BE REVERSED OR RESUBMITTED FOR CORRECTION BY A COURT OF COMPETENT JURISDICTION. IN THE EVENT THE ARBITRATOR FAILS TO ACT WITHIN THE PRESCRIBED TIME, OR WITHIN THE PRESCIBED LIMITS ON AWARDS SET FORTH HEREIN, INCLUDING A FAILURE TO AWARD NOMINAL DAMAGES AND A PERMENANT INJUNCTION IF A BREACH OF ANY DISPUTE APPLY NATURE HAS BEEN FOUND, A COURT OF COMPETENT JURISDICTION SHALL VACATE THE AWARD PURSUANT TO TEX. CIV. PRAC. REM CODE § 171.07 (A)(3)(A). THE MATTER SHALL THEN BE RESUBMITTED TO ARBITRATION WITH A NEW ARBITRATOR. IF AN AWARD IS APPEALED BY THE NON-PREVAILING PARTY ANY INJUNCTIVE RELIEF SHALL REMAIN IN PLACE DURING THE APPEAL. FAILURE TO FOLLOW THIS SHALL BE CONSIDERED A VIOLATION OF AN ARBITRATOR’S EXPRESS POWERS. THE PARTIES AGREE THAT THE DAMAGES IN THESE ARBITRATION BETWEEN CUSTOMER PARAGRAPHS AS WELL AS THE ENFORCEMENT OF AN INJUNTION RELATED TO TPIP MAY BE CONTRARY TO PUBLIC POLICY AND LOGIPIPTHAT THIS PARAGRAPH IS A WAIVER OF PUBLIC POLICY UNLESS EXPRESSLY PROHIBITED AS A MATTER OF LAW. IN ADDITION, THE ARBITRATOR SHALL HAVE SOLE AUTHORITY TO DETERMINE THEIR OWN JURISDICTION. OTHER THAN THOSE REASONS SET FORTH HEREIN, ANY APPEAL, WHETHER IN FEDERAL OR STATE COURT, MUST EXPRESLLY COMPLY WITH THE PROVISIONS OF THIS THE TEXAS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ACT. ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP PREVAILING PARTY MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS SEEK ENFORCEMENT IN ANY ARBITRATIONCOURT OF COMPETENT JURISDICTION UNDER ONE OR MORE INTERNATIONAL TREATIES OR AGREEMENTS, OR IF NECESSARY. FAILURE TO INCLUDE IN SEEK ARBITRATION IS NOT A WAIVER OF ANY RIGHT BY THE COMPANY. SERVICE OF NOTICE OF ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED MADE BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESEMAIL AS WELL AS CERTIFIED MAIL.

Appears in 1 contract

Samples: Independent Contractor Agreement (Rapid Therapeutic Science Laboratories, Inc.)

Arbitration Agreement. THE PARTIES AGREE THAT ALL CLAIMS AND DISPUTES OF EVERY TYPE AND MATTER WHICH MAY ARISE BETWEEN THE SPONSOR AND ESCROW AGENT, INCLUDING ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON DISPUTES REGARDING THE OTHER HAND, ARISING OUT SCOPE OF OR RELATING TO THE CUSTOMER THIS ARBITRATION AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATIONARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM UNDER THE CODE OF PROCEDURE THEN IN EFFECT. THE FORUM ANY AWARD OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION THEREOFJURISDICTION. IN ANY MATTER IN WHICH THE AMOUNT IN DISPUTE EXCEEDS $100,000.00, THE ARBITRATION PROCEEDINGS SHALL TAKE PLACE IN WACO, TEXAS. IN THE EVENT A COURT HAVING JURISDICTION FINDS ANY PORTION OF THIS AGREEMENT UNENFORCEABLE, THAT PORTION SHALL NOT BE EFFECTIVE AND THE REMAINDER OF THE AGREEMENT SHALL REMAIN EFFECTIVE. INFORMATION MAY BE OBTAINED AND CLAIMS MAY BE FILED AT ANY OFFICE OF THE NATIONAL ARBITRATION FORUM, //xxx.xxxxxxxxxxx-xxxxx.xxx/">XXX.XXXXXXXXXXX-XXXXX.XXX, OR AT X.X. XXX 00000, XXXXXXXXXXX, XX 00000. THIS AGREEMENT SHALL BE HELD UNLESS GOVERNED BY AND INTERPRETED UNDER THE FORUM IS NOT REASONABLY CONVENIENT FOR FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1-16. BY SIGNING THIS AGREEMENT, THE CUSTOMERPARTIES ARE GIVING UP ANY RIGHT THEY MIGHT HAVE TO XXX EACH OTHER IN COURT AND HAVE THEIR CASE DECIDED BY A JUDGE OR JURY. EXECUTED THIS 15th DAY OF March, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR2006. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONSPONSOR: Zion Oil & Gas, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.Inc. By: /s/ X X Xxxxxxx (Signature)

Appears in 1 contract

Samples: Escrow Agreement (Zion Oil & Gas Inc)

Arbitration Agreement. THE PARTIES AGREE THAT ALL CLAIMS AND DISPUTES OF EVERY TYPE AND MATTER WHICH MAY ARISE BETWEEN THE SPONSOR AND ESCROW AGENT, INCLUDING ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON DISPUTES REGARDING THE OTHER HAND, ARISING OUT SCOPE OF OR RELATING TO THE CUSTOMER THIS ARBITRATION AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATIONARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM UNDER THE CODE OF PROCEDURE THEN IN EFFECT. THE FORUM ANY AWARD OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION THEREOFJURISDICTION. IN ANY MATTER IN WHICH THE AMOUNT IN DISPUTE EXCEEDS $100,000.00, THE ARBITRATION PROCEEDINGS SHALL TAKE PLACE IN WACO, TEXAS. IN THE EVENT A COURT HAVING JURISDICTION FINDS ANY PORTION OF THIS AGREEMENT UNENFORCEABLE, THAT PORTION SHALL NOT BE EFFECTIVE AND THE REMAINDER OF THE AGREEMENT SHALL REMAIN EFFECTIVE. INFORMATION MAY BE OBTAINED AND CLAIMS MAY BE FILED AT ANY OFFICE OF THE NATIONAL ARBITRATION FORUM, XXX.XXXXXXXXXXX-XXXXX.XXX, OR AT X.X. XXX 00000, XXXXXXXXXXX, XX 00000. THIS AGREEMENT SHALL BE HELD UNLESS GOVERNED BY AND INTERPRETED UNDER THE FORUM IS NOT REASONABLY CONVENIENT FOR FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1-16. BY SIGNING THIS AGREEMENT, THE CUSTOMERPARTIES ARE GIVING UP ANY RIGHT THEY MIGHT HAVE TO XXX EACH OTHER IN COURT AND HAVE THEIR CASE DECIDED BY A JUDGE OR JURY. EXECUTED THIS 31st DAY OF January, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR2008. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGSSPONSOR: Zion Oil & Gas, a Delaware Corporation By: /s/ Xxxxxxx X. Xxxxx (Signature) Xxxxxxx X. Xxxxx, Executive Vice President (Printed Name) (Title) ESCROW AGENT: Sterling Trust Company, a Texas Corporation By: /s/Xxxxx Xxxx (Signature) Xxxxx Xxxx, Accounting Manager (Printed Name) (Title) All legal instruments are subject to review by counsel for Sterling Trust Company prior to account acceptance. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIPAll legal expenses incurred during this review and in the duration of providing escrow services will be borne by Sponsor and not by Sterling Trust Company, up to a maximum of $2,500. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.Escrow Fees:

Appears in 1 contract

Samples: Exhibit 10 1 Escrow Agreement (Zion Oil & Gas Inc)

Arbitration Agreement. ANY DISPUTETHIS AGREEMENT CONTAINS A PREDISPUTE ARBITRATION CLAUSE. BY SIGNING AN ARBITRATION AGREEMENT THE PARTIES AGREE AS FOLLOWS: a. ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, CLAIM OR CONTROVERSY BETWEEN CUSTOMERINCLUDING THE RIGHT TO A TRIAL BY JURY, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON EXCEPT AS PROVIDED BY THE OTHER HAND, ARISING OUT OF OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATION. THE FORUM RULES OF THE ARBITRATION FORM IN WHICH A CLAIM IS FILED; b. ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. c. THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; d. THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE. e. THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. f. THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE AMERICAN BROUGHT IN COURT. g. THE RULES OF THE ARBITRATION ASSOCIATION (“AAA”)FORUM IN WHICH THE CLAIM IS FILED, WITHIN AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. THE UNITED STATES OF AMERICA (“USA”), FOLLOWING ARBITRATION AGREEMENT SHOULD BE READ IN ACCORDANCE CONJUNCTION WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCEDDISCLOSURES ABOVE. ANY AND ALL CONTROVERSIES, DISPUTES OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE CLAIMS BETWEEN THE CUSTOMER AND LOGIPIP YOU, OR THE INTRODUCING BROKER, OR THE AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS OR CONTROL PERSONS OF YOU OR THE INTRODUCING BROKER, ARISING OUT OF, IN CONNECTION WITH, FROM OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS AGREEMENT OR ANY RELATED AGREEMENTS, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF YOUR BUSINESS, THE INTRODUCING BROKER'S BUSINESS OR THE CUSTOMER'S ACCOUNTS, SHALL BE RESOLVED IN CONDUCTED PURSUANT TO THE INTERNATIONAL DIVISION CODE OF AAA, ARBITRATION PROCEDURE OF THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION FINANCIAL\n INDUSTRY REGULATORY AUTHORITY (“ICDRFINRA”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE DECISION AND AWARD IN SUCH ARBITRATION PROCEEDING OF THE ARBITRATOR(S) SHALL BE FINAL CONCLUSIVE AND BINDINGBINDING UPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERNo person shall bring a putative or certified class action to arbitration, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATORnor seek to enforce any pre- dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESSuch forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.

Appears in 1 contract

Samples: Options Agreement

Arbitration Agreement. ANY DISPUTETHIS ADVISORY AGREEMENT CONTAINS AN ARBITRATION PROVISION. BY ENTERING INTO THIS ADVISORY AGREEMENT THE PARTIES AGREE AS FOLLOWS: ● ALL PARTIES TO THIS ADVISORY AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED; ● ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR CONTROVERSY BETWEEN CUSTOMERMODIFY AN ARBITRATION AWARD IS VERY LIMITED; ● THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, ON ONE HANDWITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; ● THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD EXCEPT IN VERY LIMITED CIRCUMSTANCES; ● THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY; ● THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION; AND ● THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND LOGIPIP AND/ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS ADVISORY AGREEMENT. THIS ARBITRATION PROVISION SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES IN THIS ADVISORY AGREEMENT. ANY AND ALL CONTROVERSIES, DISPUTES OR ITS OFFICERSCLAIMS BETWEEN STACKIN AND THE CLIENT OR THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, AGENTS OFFICERS, OR EMPLOYEES, ON THE OTHER HANDCONTROL PERSONS, ARISING OUT OF, IN CONNECTION WITH, FROM, OR WITH RESPECT TO (a) ANY PROVISIONS OF OR THE VALIDITY OF THIS ADVISORY AGREEMENT OR OTHER AGREEMENTS RELATING TO YOUR PARTICIPATION IN THE CUSTOMER AGREEMENTPROGRAM, CUSTOMER’S (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF STACKIN'S BUSINESS OR THE CLIENT'S INDIVIDUAL ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP STACKIN ACCOUNT (COLLECTIVELY, "CLAIMS"), SHALL BE RESOLVED CONDUCTED SOLELY BY BINDING ARBITRATIONARBITRATION PURSUANT TO THE RULES THEN IN EFFECT OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION MUST BE COMMENCED BY SERVICE OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE UPON THE OTHER PARTY. THE FORUM DECISION AND AWARD OF THE ARBITRATION ARBITRATOR(S) SHALL BE CONCLUSIVE AND BINDING UPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”)ENTERED IN A COURT HAVING JURISDICTION THEREOF, WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. ANY SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED HELD IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT CITY AND STATE WHERE STACKIN'S PRINCIPAL OFFICE IS LOCATED AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING PARTIES AGREE THAT THERE SHALL BE FINAL AND BINDINGNO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS, AND MAY BE ENTERED IN THE CLIENT EXPRESSLY WAIVES ANY COURT HAVING JURISDICTION THEREOF. THE RIGHT TO BRING A CLASS ACTION LAWSUIT OR ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERAGAINST STACKIN OR ITS REPRESENTATIVES, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS WITH RESPECT TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIPCLAIMS. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONNotwithstanding the foregoing or anything to the contrary in this Advisory Agreement, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESin no way shall this Advisory Agreement constitute a waiver or limitation of rights that the Client may have under federal or state securities laws to pursue a remedy by other means if and to the extent such laws guaranty such right to the Client and do not permit the waiver thereof.

Appears in 1 contract

Samples: Investment Advisory Client Agreement

Arbitration Agreement. ANY DISPUTEAND ALL CONTROVERSIES, CLAIM DISPUTES OR CONTROVERSY CLAIMS BETWEEN CUSTOMERTHE UNDERSIGNED AND APEX CLEARING CORP., ON ONE HANDOR THE INTRODUCING BROKER, AND LOGIPIP AND/OR ITS OFFICERSAPEX CLEARING CORP.’S AGENTS, REPRESENTATIVES, EMPLOYEES, DIRECTORS, AGENTS OFFICERS OR EMPLOYEESCONTROL PERSONS, ON OR OF THE OTHER HANDINTRODUCING BROKER, ARISING OUT OF, IN CONNECTION WITH, FROM OR WITH RESPECT TO (a) ANY PROVISIONS OF OR RELATING THE VALIDITY OF THIS AGREEMENT OR ANY RELATED AGREEMENTS, (b) THE RELATIONSHIP OF THE PARTIES HERETO, OR (c) ANY CONTROVERSY ARISING OUT OF APEX CLEARING CORP.’S BUSINESS, THE INTRODUCING BROKER’S BUSINESS OR THE UNDERSIGNED’S ACCOUNTS SHALL BE CONDUCTED PURSUANT TO THE CUSTOMER AGREEMENTCODE OF ARBITRATION PROCEDURE OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY. ARBITRATION MUST BE COMMENCED BY SERVICE OF A WRITTEN DEMAND FOR ARBITRATION OR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. IF APEX CLEARING CORP. IS A PARTY TO SUCH ARBITRATION, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP TO THE EXTENT PERMITTED BY THE RULES OF THE APPLICABLE ARBITRATION TRIBUNAL, THE ARBITRATION SHALL BE RESOLVED BY BINDING ARBITRATIONCONDUCTED IN DALLAS, TEXAS. THE FORUM DECISION AND AWARD OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP ARBITRATORS(S) SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL CONCLUSIVE AND BINDINGBINDING UPON ALL PARTIES, AND ANY JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY A COURT HAVING JURISDICTION THEREOF, AND NEITHER PARTY SHALL OPPOSE SUCH ENTRY. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERNo person shall bring a putative or certified class action to arbitration, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATORnor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until:(i) the class certification is denied; or (ii) the class is de-certified; or (iii) the customer is excluded from the class by the court. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESSuch forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.

Appears in 1 contract

Samples: content.tradeking.com

Arbitration Agreement. ALL PARTIES TO THIS ADVISORY AGREEMENT AGREE THAT UPON THE ELECTION OF ANY DISPUTEOF THEM, CLAIM ANY DISPUTE RELATING IN ANY WAY TO THIS ADVISORY AGREEMENT, YOUR PASSFOLIO ACCOUNT(S), OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HANDTRANSACTIONS WILL BE RESOLVED BY BINDING ARBITRATION AS DISCUSSED BELOW, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, ARISING OUT OF OR RELATING NOT THROUGH LITIGATION IN ANY COURT. THIS ARBITRATION AGREEMENT IS ENTERED INTO PURSUANT TO THE CUSTOMER AGREEMENTFEDERAL ARBITRATION ACT, CUSTOMER’S ACCOUNT WITH LOGIPIP 9 U.S.C. §§ 1-16: ● ALL PARTIES TO THIS ADVISORY AGREEMENT ARE GIVING UP THE RIGHT TO XXX EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED; ● ALL PARTIES TO THIS ADVISORY AGREEMENT WAIVE ANY ABILITY TO PARTICIPATE IN A CLASS OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL REPRESENTATIVE BASIS IN COURT OR IN ARBITRATION. ALL DISPUTES MUST BE RESOLVED BY BINDING ARBITRATION. , ON AN INDIVIDUAL BASIS, WHEN EITHER YOU OR WE REQUEST IT; ● ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED; ● THE FORUM ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS; ● THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD EXCEPT IN VERY LIMITED CIRCUMSTANCES; ● THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY; ● THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION; AND ● THE RULES OF THE ARBITRATION MAY FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE AMERICAN INCORPORATED INTO THIS ADVISORY AGREEMENT. THIS ARBITRATION ASSOCIATION (“AAA”)PROVISION SHOULD BE READ IN CONJUNCTION WITH THE DISCLOSURES IN THIS ADVISORY AGREEMENT. ANY AND ALL CONTROVERSIES, WITHIN DISPUTES OR CLAIMS BETWEEN PASSFOLIO ADVISERS, LLC AND THE UNITED STATES OF AMERICA (“USA”)CLIENT OR THEIR REPRESENTATIVES, EMPLOYEES, DIRECTORS, OFFICERS, OR CONTROL PERSONS, ARISING OUT OF, IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCEDCONNECTION WITH, FROM, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN WITH RESPECT TO (a) ANY PROVISIONS OF OR THE UNITED STATES. IF VALIDITY OF THIS ADVISORY AGREEMENT OR OTHER AGREEMENTS RELATING TO YOUR PARTICIPATION IN THE FORUM OF ARBITRATION IS OUTSIDE PROGRAM, (b) THE RELATIONSHIP OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMER, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.PARTIES HERETO,

Appears in 1 contract

Samples: Advisory Agreement

Arbitration Agreement. ANY DISPUTEThis Agreement contains a pre-dispute arbitration clause. By signing an arbitration agreement, CLAIM OR CONTROVERSY BETWEEN CUSTOMERthe parties agree as follows: • ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, ON ONE HANDINCLUDING THE RIGHT TO A TRIAL BY JURY, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON EXCEPT AS PROVIDED BY THE OTHER HAND, ARISING OUT OF OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP SHALL BE RESOLVED BY BINDING ARBITRATION. THE FORUM RULES OF THE ARBITRATION MAY BE AMERICAN FORUM IN WHICH A CLAIM IS FILED. • ARBITRATION ASSOCIATION (“AAA”), WITHIN THE UNITED STATES OF AMERICA (“USA”), IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER AND LOGIPIP SHALL BE RESOLVED IN THE INTERNATIONAL DIVISION OF AAA, THE INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY’S ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. • THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. • THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD UNLESS, IN AN ELIGIBLE CASE, A JOINT REQUEST FOR AN EXPLAINED DECISION HAS BEEN SUBMITTED BY ALL PARTIES TO THE PANEL AT LEAST 20 DAYS PRIOR TO THE FIRST SCHEDULED HEARING DATE. • THE PANEL OF ARBITRATORS MAY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. • THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. • THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION AMENDMENTS THERETO, SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERINCORPORATED IN THIS AGREEMENT. Client and Baird agree that any claim or controversy between Client or Agents of Client on the one hand, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATORand Baird or any of Xxxxx’x present or former officers, directors, agents or employees on the other hand, shall be settled by arbitration. CUSTOMER AND LOGIPIP AGREE TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ANY DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATIONThis Arbitration Agreement shall apply to any claim, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN CUSTOMER AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIMEcontroversy or issue arising from events that occurred prior to, NOTWITHSTANDING THAT A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATIONon, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST OF THE GENERAL PUBLIC OR OF A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIES.or subsequent to the execution of this Arbitration Agreement concerning or relating to:

Appears in 1 contract

Samples: Financial Planning Agreement

Arbitration Agreement. ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN CUSTOMER, ON ONE HAND, AND LOGIPIP AND/OR ITS OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES, ON THE OTHER HAND, US ARISING OUT OF YOUR BUSINESS OR RELATING TO THE CUSTOMER AGREEMENT, CUSTOMER’S ACCOUNT WITH LOGIPIP OR ANY OTHER TRADING BETWEEN CUSTOMER AND LOGIPIP THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION. SUBMITTED TO ARBITRATION CONDUCTED BEFORE THE FORUM NEW YORK STOCK EXCHANGE, INC., OR THE NATIONAL ASSOCIATION OF THE ARBITRATION MAY BE AMERICAN ARBITRATION ASSOCIATION (“AAA”)SECURITIES DEALERS, WITHIN THE UNITED STATES OF AMERICA (“USA”)INC., AND IN ACCORDANCE WITH THE AAA ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCED, OR ANOTHER APPROPRIATE ARBITRATION FORUM WITHIN THE UNITED STATES. IF THE FORUM OF ARBITRATION IS OUTSIDE OBTAINING OF THE USA, ANY DISPUTE BETWEEN THE CUSTOMER SELECTED ORGANIZATION AND LOGIPIP SHALL BE RESOLVED IN CONDUCTED AS A BROKER TO BROKER OR MEMBER VS MEMBER DISPUTE. ARBITRATION MUST BE COMMENCED BY SERVICE UPON THE INTERNATIONAL DIVISION OTHER PARTY OF AAA, THE INTERNATIONAL CENTRE A WRITTEN DEMAND FOR DISPUTE RESOLUTION (“ICDR”), IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES IN EFFECT AT THE TIME SUCH ARBITRATION IS COMMENCEDOR A WRITTEN NOTICE OF INTENTION TO ARBITRATE. THE AWARD IN SUCH ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING, AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THEREIN ELECTING THE ARBITRATION TRIBUNAL. 16 NO PERSON SHALL BE HELD UNLESS THE FORUM IS NOT REASONABLY CONVENIENT FOR THE CUSTOMERBRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, AT WHICH TIME AN ALTERNATE FORUM SHALL BE DETERMINED BY THE ARBITRATOR. CUSTOMER AND LOGIPIP AGREE NOR SEEK TO TAKE ALL STEPS AND EXECUTE ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION OF ARBITRATION PROCEEDINGS. ALL STATUTES OF LIMITATIONS APPLICABLE TO ENFORCE ANY PRE-DISPUTE APPLY TO ANY ARBITRATION BETWEEN CUSTOMER AND LOGIPIP. THE PROVISIONS OF THIS ARBITRATION AGREEMENT SHALL SURVIVE TERMINATION, AMENDMENT OR EXPIRATION OF CUSTOMER’S ACCOUNT RELATIONSHIP OR THE GOVERNING LOGIPIP CUSTOMER AGREEMENT OR AGAINST ANY OTHER RELATIONSHIP BETWEEN CUSTOMER PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION AND LOGIPIP. EITHER CUSTOMER OR LOGIPIP MAY REQUIRE THE SUBMISSION OF THE DISPUTE TO BINDING ARBITRATION AT ANY REASONABLE TIME, NOTWITHSTANDING THAT WHO IS A LAWSUIT OR OTHER PROCEEDING HAS BEEN COMMENCED. NEITHER CUSTOMER NOR LOGIPIP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE DISPUTES BY OR AGAINST OTHERS IN ANY ARBITRATION, OR TO INCLUDE IN ANY ARBITRATION ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS, OR TO ACT IN ANY ARBITRATION IN THE INTEREST PUTATIVE CLASS AND WHO HAS NOT OPTED OUT OF THE GENERAL PUBLIC CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (i) THE CLASS CERTIFICATION IS DENIED; (ii) THE CLASS IS DECERTIFIED; OR OF (iii) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A PRIVATE ATTORNEY GENERAL. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT, OR RESULT WAIVER OF ANY ARBITRATION HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF BOTH PARTIESRIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.

Appears in 1 contract

Samples: Pinnacle Global Group Inc

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