Excluded Disputes. The following claims and disputes are not subject to this arbitration provision: (1) claims for the specific performance of this dispute resolution provision; (2) claims or cross-claims for contribution, indemnification or subrogation in connection with a claim by a third-party against a Consignee Party and/or a Bakery Party; (3) applications for temporary or preliminary injunctive relief in aid of arbitration or for the maintenance of the status quo pending arbitration; (4) claims for the misuse of trade names, trademarks or intellectual property of a Bakery Party; (5) claims for the misuse of alleged confidential trade secrets and proprietary business information of a Bakery Party; (6) claims raised in litigation pending as of the date Bakery and Consignee enter into this agreement; and (7) any claim that is expressly precluded from arbitration by an applicable federal law, statute or regulation. Further, nothing set forth in this Article waives Consignee's right to file a charge or complaint with, or on behalf of, any federal, state, or local administrative agency if such claim is expressly precluded from arbitration under applicable law and such law is not preempted by the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) ("FAA"); however, any Covered Dispute that is not so precluded must be submitted to dispute resolution in accordance herewith.
Appears in 4 contracts
Samples: Blue Agreement, Green Agreement, Blue Agreement
