Dispute Resolution; Binding Arbitration. This Service License shall be construed in accordance with the laws of the United States of America and the State of California, without regard to its conflicts of laws principles. Exclud- ing Company’s enforcement rights with respect to any outstanding payments due or owing, any and all disputes between the Parties arising from or related to this Agreement shall be heard and determined by binding arbitration in California in accordance herein. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE AC- TION WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING FROM OR IN CONNEC- TION WITH THIS SERVICE LICENSE OR THE SUBJECT MATTER HEREIN. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAIL- ABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTH- ERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATU- TORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY ARISING FROM OR RELAT- ING IN ANY WAY TO THIS SERVICE LICENSE OR YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLU- SIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") in ac- cordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and en- forcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or oth- erwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the Parties, and may be entered as a judgment in any court of competent jurisdiction. You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTI- TLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolida...
Dispute Resolution; Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: xxx.xxx.xxx. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Suffolk, Massachusetts. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Suffolk, Massachusetts, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or...
Dispute Resolution; Binding Arbitration. Except for disputes relating to breaches of Sections 10.1 through 10.3, all disputes shall be resolved under the following provisions of this Agreement. This Agreement shall be construed to be in accordance with any and all federal and state statutes, including Medicare, Medicaid and all federal and state rules, regulations, principles and interpretations applicable to the Company and the Members, and the relationships among them. It is the intent of this Section to set forth a procedure so that if certain legal developments occur, a dispute arises, or certain circumstances arise in which the Board of Managers should become internally deadlocked (including due to the withholding of Supermajority Approval), a procedure will be in place that will bring the terms of this Agreement back into legal compliance and/or resolve a Board deadlock while preserving, to the extent possible, the economic and governance relationships set forth here. In the event there is any dispute among the parties or there is any legal development, including without limitation, a change in (or the interpretation of) Medicare, Medicaid or other federal or state statutes, rules, regulations, principles or interpretations, that renders any of the material terms of this Agreement unlawful or unenforceable (including any services rendered or compensation to be paid hereunder), or a definitive judicial or State of Michigan interpretation of Michigan law that substantially affects the business, governance, or economics of the Company in an adverse manner (collectively a “Negative Legal Development”), or any circumstance in which the Board itself is deadlocked in its decision making hereunder and cannot take action (a “Deadlock Event”), any class of Members with voting rights that is affected by such Negative Legal Development or such Deadlock Event shall have the immediate right upon notice to the other Members (the “Notice”) to initiate the renegotiation of the affected term or terms of this Agreement, so as to remedy the impacts of the Negative Legal Development or to seek resolution of the Deadlock Event, each in a manner that substantially maintains the then existing economic and governance relationships of the Members, if it is legal to accomplish the change while maintaining substantially such economic and governance relationship. If the Parties are not able to renegotiate the affected terms of the Agreement or resolve the Deadlock Event or dispute on a mutually satisfactory basis withi...
Dispute Resolution; Binding Arbitration. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with New Seasons Market and limits the manner in which you can seek relief from us. Opt-Out. You may opt-out of the arbitration procedures and waiver of class and representative proceedings by sending a written letter to xxxxxxxx@xxxxxxxxxxxxxxxx.xxx within 30 calendar days of your original agreement to these Terms (including the first time you use our Services). Such letter must include, at a minimum: (i) your name; (ii) your mailing address; and
Dispute Resolution; Binding Arbitration. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Beezy and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. No Representative Actions. You and Beezy agree that any dispute arising out of or related to this Agreement or the Beezy App is personal to you and Beezy and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Dispute Resolution; Binding Arbitration. I/We hereby agree that any dispute arising out of this Agreement or directly related to the quality of services provided by FCM or any of its personnel will be decided only through arbitration by Judicial Arbitration and Mediation Services (JAMS) under the JAMS Streamlined Arbitration Rules and Procedures. I/We further agree that any binding arbitration proceeding shall be conducted in Baltimore County, Maryland, the location of FCM’s headquarters, and agree that any arbitration proceeding shall be conducted in accordance with the laws of Maryland, including, but not limited to standard of care issues, causation issues, damage issues, qualification of experts and rules of evidence. I/We further agree that the decision of the arbitrator(s) shall be binding and final and shall be enforced in any court of competent jurisdiction. Any arbitration costs shall be borne equally between FCM and us. In any action or proceeding brought to enforce or interpret any of the provisions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other reasonable costs expended in such an action or proceeding. If, notwithstanding the parties’ agreement to arbitrate, any dispute becomes subject to a judicial proceeding, the parties agree to waive trial by jury.
Dispute Resolution; Binding Arbitration. The parties will attempt in good faith to promptly resolve any dispute arising out of or relating to this Agreement or any Related Agreement. In the event resolution cannot be reached, the disputing party shall give the other party written notice of the dispute. If the parties still fail to resolve the dispute within thirty (30) days of receiving such written notice, either party may seek arbitration. Except for proceedings requesting equitable remedies, all disputes shall be finally settled by binding arbitration in Centerville, Ohio by a single, mutually agreeable arbitrator, who is knowledgeable in the information technology field pursuant to rules and procedures of the JAMS then in effect when the claim is filed. The parties agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. The arbitrator’s decision and award will be final and binding. The arbitrator may, as a part of the arbitration award, permit the substantially prevailing party to recover all or part of its legal fees and other out-of-pocket costs incurred in connection with such arbitration. An arbitrator may award any relief or damages (including injunctive or declaratory relief) that a court could award, except an arbitrator may not award relief in excess of or contrary to what this Agreement provides and may not order relief on a consolidated, class-wide, or representative basis. All administrative fees and expenses of arbitration will be divided equally between Customer and CBTS, and each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Dispute Resolution; Binding Arbitration. Any dispute, claim or controversy arising out of, or relating to, in connection with or under this agreement, or the breach or threatened breach thereof, will be resolved through confidential binding arbitration under the then prevailing rules of Judicial Arbitration & Mediation Services (JAMS). The arbitration shall be held in Los Angeles, California, and any party making a claim hereunder in whatever form hereby submits to jurisdiction and venue in that forum for any and all purposes. The decision of the arbitrator shall be final and judgment on any award thereupon may be entered in any court having jurisdiction thereof. This paragraph shall not preclude either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Dispute Resolution; Binding Arbitration. In the event this Agreement is the subject of any legal action, whether with respect to its enforceability or otherwise, Participant agrees that, in the event the School or the Association prevails in any material respect in such legal proceeding that Participant shall pay all of the costs and expenses of the prevailing party or parties, including legal fees and expenses in connection with such proceeding including all appeals of any such determination or proceeding. Should there be any dispute concerning this Agreement including its enforceability or interpretation or Participant's consent to or participation in any of the Activities that would require legal adjudication, the adjudication of such dispute will be determined solely by confidential binding arbitration before a panel of three arbitrators, one of whom shall be appointed by the School and the Association, one of whom shall be appointed by Participant and one of whom shall be selected by the initial two arbitrators. Any arbitrator selected by Participant or by the other arbitrators shall be familiar with the Activities and experienced in the handling of disputes involving the types of Activities contemplated by this Agreement. In the event the initial two arbitrators cannot agree on a third arbitrator, then such third arbitrator may be appointed by the American Arbitration Association. Each of the School and the Association on the one hand and the Participant on the other hand shall bear the costs of the arbitrator respectively selected by them and each shall each bear one-half of the costs of the third arbitrator and all other costs of such arbitration, provided however, if the School or the Association prevails in such arbitration in any material respect then the arbitration panel shall award such prevailing party with all of the costs of such prevailing party of participating in the arbitration. Such arbitration shall be conducted in the City of Atlanta, State of Georgia or at such other place within or without the State of Georgia to which each of the School and the Association may consent. _______________________ (Participant to initial here) Governing Law. The officers of the Association are located in the State of Georgia, certain Members of the Association are located in the State of Georgia and it is the intent of the parties to this Agreement that certain of the Activities will occur in the State of Georgia, and it is the intent of the parties that this Agreement shall be governed by t...
Dispute Resolution; Binding Arbitration. Senetek and Enprani agree to binding arbitration of any and all disputes or claims arising out of or relating to this Agreement. Any arbitration shall be conducted in Switzerland, unless otherwise agreed by the parties in writing. Each and any arbitration shall be administered by a panel of three members under the auspices of the International Chamber of Commerce in accordance with ICC's Rules on Conciliation and Arbitration, as may be amended from time to time. All proceedings shall be conducted in the English language. The decision or award of the panel shall be final, binding and incontestable and may be used as a basis for judgment thereon by any court of competent jurisdiction. Accordingly, there shall be no appeal to any court or other authority from the decision of the arbitration panel, and the parties shall not dispute nor question the validity of such decision or award before any regulatory or other authority in any jurisdiction where enforcement action is taken by the party in whose favor the decision or award is rendered, except in the case of fraud.
