Common use of Arbitration and Waiver of Jury Trial Clause in Contracts

Arbitration and Waiver of Jury Trial. All claims, disputes or controversies of whatever nature between the parties arising out of or in any way connected with the execution, interpretation, termination and performance and/or breach of this Agreement (including the validity, scope and enforceability of this arbitration provision) or the relationship created thereby (each, a “Dispute”) shall, except as provided herein, be solely and finally settled by binding arbitration conducted in accordance with the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association and shall be held in Louisville, Kentucky. The parties agree that the arbitration award shall be final and shall not be subject to judicial review. Judgment on the arbitration award shall be entered and enforced in any court having jurisdiction over the parties or their assets. It is the intent of the parties that the arbitration provisions hereof be enforced to the fullest extent permitted by applicable law, including the Federal Arbitration Act, 9 U.S.C. § 2. Nothing contained in this Section 25 shall prevent the parties from seeking injunctive relief, or as otherwise permitted by law or equity. No person or entity except QSR or Client shall have the right to join in or participate in any arbitration proceeding arising under this Agreement, and therefore the arbitrators will not be authorized to permit class actions or to permit any person or entity to be involved in or named a party to any arbitration proceeding brought by either party under this Agreement. EACH OF QSR AND CLIENT HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Arbitration and Waiver of Jury Trial. All claims, disputes or controversies of whatever nature between the parties arising out of or in any way connected with the execution, interpretation, termination and performance and/or breach of this Agreement XXXX (including the validity, scope and enforceability of this arbitration provision) or the relationship created thereby (each, a “Dispute”) shall, except as provided herein, be solely and finally settled by binding arbitration conducted in accordance with the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association and shall be held in Louisville, Kentucky. The parties agree that the arbitration award shall be final and shall not be subject to judicial review. Judgment on the arbitration award shall be entered and enforced in any court having jurisdiction over the parties or their assets. It is the intent of the parties that the arbitration provisions hereof be enforced to the fullest extent permitted by applicable law, including the Federal Arbitration Act, 9 U.S.C. § 2. Nothing contained in this Section 25 20 shall prevent the parties from seeking injunctive relief, or as otherwise permitted by law or equity. No person or entity except QSR or Client Licensee shall have the right to join in or participate in any arbitration proceeding arising under this AgreementXXXX, and therefore the arbitrators will not be authorized to permit class actions or to permit any person or entity to be involved in or named a party to any arbitration proceeding brought by either party under this AgreementXXXX. EACH OF QSR AND CLIENT LICENSEE HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT XXXX OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Arbitration and Waiver of Jury Trial. All claimsCONGRUITY and Client agree that any controversy, disputes dispute, or controversies of whatever nature claim, whether individual, joint, or class in nature, arising from this Agreement or otherwise between them, including without limitation contract and tort disputes, shall be arbitrated in Kernersville, North Carolina or such other place as the parties arising out of or may mutually agree in any way connected with the executionwriting, interpretation, termination and performance and/or breach of this Agreement (including the validity, scope and enforceability of this arbitration provision) or the relationship created thereby (each, a “Dispute”) shall, except as provided herein, be solely and finally settled by binding arbitration conducted in accordance with under the Commercial Arbitration Rules (the “AAA Rules”) or other applicable volume of rules of the American Arbitration Association Association. The award and any findings of the arbitrator(s) shall be held in Louisville, Kentucky. The parties agree that rendered within 30 days of final arbitration hearing unless otherwise agreed upon by the arbitration award shall be final and shall not be subject to judicial reviewparties. Judgment on any award rendered by the arbitration award shall arbitrator(s) may be entered and enforced in any court having jurisdiction over such matter. The parties agree (i) to be bound by the parties or their assets. It is the intent findings, conclusions, and decision of the parties that arbitrator(s),(ii) the statute of limitations, estoppel, waiver, laches, and similar doctrines which would otherwise be applicable in an action brought by a party in court shall be applicable in any arbitration provisions hereof proceeding, (iii) the commencement of an arbitration proceeding shall be enforced deemed the commencement of an action for these purposes, and (iv) the provision of this Agreement relating to the fullest extent permitted by applicable law, including arbitration shall be construed in accordance with the Federal Arbitration Act, Act (9 U.S.C. §§ 21, et seq.). In the event of a dispute, the prevailing party in any arbitration shall be entitled to recover from the other party its reasonable attorneys’ fees and costs incurred, subject to the approval of the arbitrator(s). Consistent with this section, the parties WAIVE THEIR RIGHTS TO A JURY TRIAL of any dispute between them arising from this Agreement; however, nothing contained in this section will limit either party’s ability to seek injunctive relief in any court. Nothing contained in this Section 25 section shall prevent the parties limit CONGRUITY’s right to file suit against Client (or to engage a collection agent to file suit against Client on CONGRUITY’s behalf) to (i) collect a payment owed to CONGRUITY by Client under this Agreement or to otherwise demand payment from seeking injunctive reliefa Guarantor of Client, or as otherwise permitted by if any and (ii) seek damages in a court of law or equity. No person , which arose as a result of Client’s failure to obtain and provide insurance or entity except QSR or Client shall have the right to join in or participate in any arbitration proceeding arising provide an indemnification as required under this Agreement, and therefore the arbitrators will not both of which may be authorized to permit class actions or to permit brought in any person or entity to be involved in or named a party to any arbitration proceeding brought by either party under this Agreement. EACH OF QSR AND CLIENT HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBYcourt with competent jurisdiction.

Arbitration and Waiver of Jury Trial. All claimsBy entering into this transaction (the “T ransaction”), disputes Xxxxx and ERS agree that any controversy, dispute, or controversies claim (“Claim”) by either Party against the other, or against the employees, agents, representatives, or assigns of whatever nature between the parties arising out of other, whether based in contract, tort, or any other legal basis or theory, and whether pre-existing, present, or future, that arises from or relates to (a) this Agreement, (b) goods provided or services rendered by ERS pursuant to this Agreement, or in any way connected connection with the executionTransaction, interpretation(c) the relationships that result from this Agreement, termination and performance and/or breach of this Agreement or the Transaction, or (including d) the validity, scope scope, enforceability, or applicability of this arbitration provision to a Claim, shall be resolved by binding arbitration. The American Arbitration Association (“AAA”) shall conduct any arbitration proceeding. If for any reason the AAA is unwilling or unable to conduct the arbitration proceeding, or if the Parties are unable to agree on another arbitrator, ERS will substitute another national or regional arbitration organization. Arbitration proceedings will be conducted pursuant to the applicable rules of the AAA in effect at the time the Claim is filed. In the event of any inconsistency between this provision and enforceability the rules to be used for an arbitration proceeding, such inconsistency shall be resolved in favor of this provision. Rules and forms may be obtained or a Claim may be filed by contacting AAA at 0-000-000-0000 or by visiting its website at xxxx://xxx.xxx.xxx. This arbitration provision limits Xxxxx’s right to litigate claims in court. Buyer acknowledges careful review of this arbitration provision) . Arbitration proceedings shall occur in a locale mutually agreed to, or if no agreement can be reached regarding locale, arbitration proceedings shall occur within the relationship created thereby (eachmetropolitan area of Atlanta, Georgia. This arbitration provision is made pursuant to a “Dispute”) shalltransaction involving interstate commerce, except as provided herein, and shall be solely and finally settled governed by binding arbitration conducted in accordance with the Commercial Federal Arbitration Rules Act (the “AAA RulesFAA”) ), 9 U.S.C. §§ 1-16, notwithstanding any other choice of the American Arbitration Association and shall be held law provision contained in Louisville, Kentuckythis Agreement. The parties agree that the Judgment upon any arbitration award shall be final and shall not be subject to judicial review. Judgment on the arbitration award shall may be entered and enforced in any court having jurisdiction over jurisdiction. The filing of a demand for arbitration will be deemed the parties commencement of an action for purposes of any applicable statute of limitations. Any dispute as to whether any statute of limitations, estoppel, waiver, laches, or their assetssimilar doctrine bars the arbitration of any Claim shall be decided by arbitration in accordance with this arbitration provision. Claims by or on behalf of other persons will not be considered in, or consolidated with, the arbitration proceeding between Buyer and ERS. It is the intent intention of the parties that there will be no class action arbitration pursuant to this arbitration provision, and the arbitration provisions hereof be enforced to the fullest extent permitted by applicable law, including the Federal Arbitration Act, 9 U.S.C. § 2. Nothing contained in this Section 25 shall prevent the parties from seeking injunctive relief, or as otherwise permitted by law or equity. No person or entity except QSR or Client shall have Parties do hereby waive the right to join pursue any Claim in a class or participate representative action. Nothing in this arbitration provision shall limit the right of either Party, whether before, during, or after the pendency of any arbitration proceeding, to exercise any self-help remedies, such as set-off or repossession and sale of collateral, or to obtain provisional or ancillary remedies or injunctive or other traditionally equitable relief, such as initiating a foreclosure proceeding arising under or filing an interpleader action. The taking of any of these actions by either Party shall not be deemed to constitute a waiver of the right to demand arbitration of any Claim asserted as a counter-claim, cross-claim, third-party claim, or the like in response to any such action. Buyer and ERS agree that the arbitrator(s): (a) shall limit discovery to matters directly relevant to the arbitrated Claim; (b) shall grant only relief that is based upon and is consistent with substantial evidence, the terms of this Agreement, and therefore applicable substantive law; and (c) shall provide a brief written explanation of the arbitrators basis for the award upon the request of either Party and shall make specific findings of fact and conclusions of law to support an arbitration award that exceeds $25,000.00. Unless inconsistent with applicable law, each Party shall bear the expenses of its respective attorneys, experts, and witnesses, regardless of which Party prevails in the arbitration. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of this arbitration provision will not be authorized to permit class actions or to permit any person or entity to be involved in or named a party to any remain valid and enforceable. This arbitration proceeding brought by either party under provision shall survive termination of this Agreement. EACH IF A CLAIM IS NOT SUBJECT TO ARBITRATION FOR ANY REASON, THEN THE CLAIM SHALL BE DECIDED IN A COURT OF QSR COMPETENT JURISDICTION WITHOUT A JURY. XXXXX AND CLIENT HEREBY ERS IRREVOCABLY WAIVES WAIVE ANY AND ALL RIGHT RIGHTS TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBYJURY.