Common use of Governing Law and Dispute Resolution Clause in Contracts

Governing Law and Dispute Resolution. This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Florida without reference to the conflict of law principles of any jurisdiction. Any claim or dispute between the parties and/or against any officer, director, agent, employee, successor, or assign of the other, whether related to this Agreement, the Charter Flight or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, which are deemed to be incorporated herein by reference. The place of arbitration shall be Broward County, Florida. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except: (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx and XO alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effect.

Appears in 28 contracts

Samples: docs.flyxo.com, docs.flyxo.com, docs.flyxo.com

AutoNDA by SimpleDocs

Governing Law and Dispute Resolution. This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Florida without reference to the conflict of law principles of any jurisdiction. Any claim or dispute between the parties and/or against any officeroficer, director, agent, employee, successor, or assign of the other, whether related to this Agreement, any of the Charter Flight Terms and Conditions, or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, which are deemed to be incorporated herein by reference. The place of arbitration shall be Broward County, Florida. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except: (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx Passenger and XO JetSmarter alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this "class action waiver and other restrictions" provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effect.

Appears in 27 contracts

Samples: docs.flyxo.com, docs.flyxo.com, docs.flyxo.com

Governing Law and Dispute Resolution. This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Florida without reference to the conflict of law principles of any jurisdiction. Any claim or dispute between the parties and/or against any officer, director, agent, employee, successor, or assign of the other, whether related to this Agreement, any of the Charter Flight Terms and Conditions, or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, which are deemed to be incorporated herein by reference. The place of arbitration shall be Broward County, Florida. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except: (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx Passenger and XO JetSmarter alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this "class action waiver and other restrictions" provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effect.

Appears in 19 contracts

Samples: docs.flyxo.com, docs.flyxo.com, docs.flyxo.com

Governing Law and Dispute Resolution. This Agreement Any and all actions or controversies arising out of this Agreement or the rights of the parties hereunder Employee’s employment, including, without limitation, tort claims, shall be governed by, construed and enforced in accordance with the internal laws of the State of Florida New Jersey, without reference regard to the conflict choice of law principles thereof. Except with respect to the Company’s and the Employee’s right to seek injunctive or other equitable relief (including, without limitation, pursuant to Section 6), any dispute, controversy or claim based on, arising out of or relating to the interpretation and performance of this Agreement, Employee’s employment or any termination hereof or thereof or any matter relating to the foregoing shall be solely submitted to and finally settled by arbitration by a single arbitrator in accordance with the then-current rules of the American Arbitration Association (“AAA”), including without limitation any claims for discrimination under any applicable federal, state or local law or regulation. Any such arbitration shall be conducted in the New Jersey office of the AAA located closest to Englewood Cliffs, New Jersey. The single arbitrator shall be appointed from the AAA’s list of arbitrators by the mutual consent of the parties or, in the absence of such consent, by application of any jurisdictionparty to the AAA. Any claim or dispute between the parties and/or against any officer, director, agent, employee, successor, or assign A decision of the other, whether related arbitrator shall be final end binding upon the parties. The parties agree that this Section 14 shall be grounds for dismissal of any court action commenced by either party with respect to this Agreement, other than (i) post-arbitration actions seeking to enforce an arbitration award and (ii) actions seeking appropriate equitable or injunctive relief, including, without limitation, pursuant to Section 6 hereof. The Company shall pay the Charter Flight or pay the relationship or fees of the arbitrator and each party shall be responsible for its own legal fees, costs of its experts and expenses of its witnesses. The arbitrator’s remedial authority shall equal the remedial power that a court with competent jurisdiction over the parties and their dispute would have. Any award rendered shall be final, binding and conclusive (without the right to an appeal, unless such appeal is based on fraud by the other party in connection with the arbitration process) upon the parties and any judgment on such award may be enforced in any court having jurisdiction, unless otherwise provided by law. The Company and the Employee acknowledge that it is the intention of the parties that this Section 14 shall apply to all disputes, controversies and claims, including, without limitation, any rights or obligations contemplated herein, including claims the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator Employee may have under the Commercial Arbitration Rules Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the New Jersey Law Against Discrimination, the New Jersey Civil Rights Act, the Conscientious Employee Protection Act and all other federal, state or local laws, rules or regulations relating to employment discrimination or otherwise pertaining to this Agreement, Employee’s employment or termination thereof. The Company and the Supplementary Procedures for Consumer Related Disputes then in effect, which are deemed Employee knowingly and voluntarily agree to be incorporated herein by reference. The place of this arbitration provision and acknowledge that arbitration shall be Broward Countyinstead of any civil litigation, Florida. The existence meaning that Employee and content of the arbitration proceedings and Company are each waiving any rulings or award shall be kept confidential except: (i) rights to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx and XO alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effectjury trial.

Appears in 4 contracts

Samples: Employment Agreement (Asta Funding Inc), Employment Agreement (Asta Funding Inc), Employment Agreement (Asta Funding Inc)

Governing Law and Dispute Resolution. This Agreement Any and all actions or controversies arising out of this Agreement, Employee’s employment or the rights of the parties hereunder termination hereof or thereof, including, without limitation, tort claims, shall be governed by, construed and enforced in accordance with the internal laws of the State of Florida New Jersey, without reference regard to the conflict choice of law principles thereof. Except with respect to Employer’s and Employee’s right to seek injunctive or other equitable relief (including, without limitation, pursuant to the Covenants Agreement), any dispute, controversy or claim based on, arising out of or relating to the interpretation and performance of this Agreement, Employee’s employment or any termination hereof or thereof or any matter relating to the foregoing shall be solely submitted to and finally settled by arbitration by a single arbitrator in accordance with the then-current rules of the American Arbitration Association (“AAA”), including without limitation any claims for discrimination under any applicable federal, state or local law or regulation. Any such arbitration shall be conducted in the New Jersey office of the AAA located closest to Employer’s New Jersey office. The single arbitrator shall be appointed from the AAA’s list of arbitrators by the mutual consent of the parties or, in the absence of such consent, by application of any jurisdictionparty to the AAA. Any claim or dispute between the parties and/or against any officer, director, agent, employee, successor, or assign A decision of the other, whether related arbitrator shall be final end binding upon the parties. The parties agree that this Section 5.12 shall be grounds for dismissal of any court action commenced by either party with respect to this Agreement, other than (i) post-arbitration actions seeking to enforce an arbitration award and (ii) actions seeking appropriate equitable or injunctive relief , including, without limitation, pursuant to the Charter Flight or Covenants Agreement. Employer shall pay the relationship or fees of the arbitrator and each party shall be responsible for its own legal fees, costs of its experts and expenses of its witnesses. The arbitrator’s remedial authority shall equal the remedial power that a court with competent jurisdiction over the parties and their dispute would have. Any award rendered shall be final, binding and conclusive (without the right to an appeal, unless such appeal is based on fraud by the other party in connection with the arbitration process) upon the parties and any judgment on such award may be enforced in any court having jurisdiction, unless otherwise provided by law. Employer and Employee acknowledge that it is the intention of the parties that this Section 5.12 shall apply to all disputes, controversies and claims, including, without limitation, any rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator claims Employee may have under the Commercial Arbitration Rules Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the New Jersey Law Against Discrimination, the Conscientious Employee Protection Act, the New Jersey Civil Rights Act, and the Supplementary Procedures for Consumer Related Disputes then in effectall other federal, which are deemed state or local laws, rules or regulations relating to be incorporated herein by referenceemployment discrimination or otherwise pertaining to this Agreement, Employee’s employment or termination thereof. The place of Employer and Employee knowingly and voluntarily agree to this arbitration provision and acknowledge that arbitration shall be Broward Countyinstead of any civil litigation, Florida. The existence meaning that Employee and content of the arbitration proceedings and Employer are each waiving any rulings or award shall be kept confidential except: (i) rights to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx and XO alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effectjury trial.

Appears in 4 contracts

Samples: Employment Agreement (Lifecell Corp), Employment Agreement (Kinetic Concepts Inc), Employment Agreement (Lifecell Corp)

Governing Law and Dispute Resolution. This Agreement and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State of Florida without reference to the conflict of law principles of any jurisdiction. Any claim or dispute between the parties and/or against any officer, director, agent, employee, successor, or assign of the other, whether related to this Agreement, the Charter Flight or the relationship or rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, which are deemed to be incorporated herein by reference. The place of arbitration shall be Broward County, Florida. The existence and content of the arbitration proceedings and any rulings or award shall be kept confidential except: (i) to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx Passenger and XO alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effect.

Appears in 4 contracts

Samples: docs.flyxo.com, docs.flyxo.com, docs.flyxo.com

Governing Law and Dispute Resolution. This Agreement Any and all actions or controversies arising out of this Agreement, Executive’s employment or the rights of the parties hereunder termination hereof or thereof, including, without limitation, tort claims, shall be governed by, construed and enforced in accordance with the internal laws of the State of Florida New Jersey, without reference regard to the conflict choice of law principles thereof. Except with respect to Employer’s and Executive’s right to seek injunctive or other equitable relief (including, without limitation, pursuant to the Covenants Agreement), any dispute, controversy or claim based on, arising out of or relating to the interpretation and performance of this Agreement, Executive’s employment or any termination hereof or thereof or any matter relating to the foregoing shall be solely submitted to and finally settled by arbitration by a single arbitrator in accordance with the then-current rules of the American Arbitration Association (“AAA”), including without limitation any claims for discrimination under any applicable federal, state or local law or regulation. Any such arbitration shall be conducted in the New Jersey office of the AAA located closest to Employer’s New Jersey office. The single arbitrator shall be appointed from the AAA’s list of arbitrators by the mutual consent of the parties or, in the absence of such consent, by application of any jurisdictionparty to the AAA. Any claim or dispute between the parties and/or against any officer, director, agent, employee, successor, or assign A decision of the other, whether related arbitrator shall be final end binding upon the parties. The parties agree that this Section 5.12 shall be grounds for dismissal of any court action commenced by either party with respect to this Agreement, other than (i) post-arbitration actions seeking to enforce an arbitration award and (ii) actions seeking appropriate equitable or injunctive relief, including, without limitation, pursuant to the Charter Flight or Covenants Agreement. Employer shall pay the relationship or pay the fees of the arbitrator and each party shall be responsible for its own legal fees, costs of its experts and expenses of its witnesses. The arbitrator’s remedial authority shall equal the remedial power that a court with competent jurisdiction over the parties and their dispute would have. Any award rendered shall be a reasoned award in writing and shall be final, binding and conclusive (without the right to an appeal, unless such appeal is based on fraud by the other party in connection with the arbitration process) upon the parties and any judgment on such award may be enforced in any court having jurisdiction, unless otherwise provided by law. Employer and Executive acknowledge that it is the intention of the parties that this Section 5.12 shall apply to all disputes, controversies and claims, including, without limitation, any rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator claims Executive may have under the Commercial Arbitration Rules Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the New Jersey Law Against Discrimination, the Conscientious Executive Protection Act, the New Jersey Civil Rights Act, and the Supplementary Procedures for Consumer Related Disputes then in effectall other federal, which are deemed state or local laws, rules or regulations relating to be incorporated herein by referenceemployment discrimination or otherwise pertaining to this Agreement, Executive’s employment or termination thereof. The place of Employer and Executive knowingly and voluntarily agree to this arbitration provision and acknowledge that arbitration shall be Broward Countyinstead of any civil litigation, Florida. The existence meaning that Executive and content of the arbitration proceedings and Employer are each waiving any rulings or award shall be kept confidential except: (i) rights to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx and XO alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effectjury trial.

Appears in 4 contracts

Samples: Employment Agreement (Roka BioScience, Inc.), Employment Agreement (Roka BioScience, Inc.), Employment Agreement (Roka BioScience, Inc.)

Governing Law and Dispute Resolution. This Agreement Any and all actions or controversies arising out of this Agreement, Employee’s employment or the rights of the parties hereunder termination hereof or thereof, including, without limitation, tort claims, shall be governed by, construed and enforced in accordance with the internal laws of the State of Florida New Jersey, without reference regard to the conflict choice of law principles thereof. Except with respect to Employer’s and Employee’s right to seek injunctive or other equitable relief (including, without limitation, pursuant to the Covenants Agreement), any dispute, controversy or claim based on, arising out of or relating to the interpretation and performance of this Agreement, Employee’s employment or any termination hereof or thereof or any matter relating to the foregoing shall be solely submitted to and finally settled by arbitration by a single arbitrator in accordance with the then-current rules of the American Arbitration Association (“AAA”), including without limitation any claims for discrimination under any applicable federal, state or local law or regulation. Any such arbitration shall be conducted in the New Jersey office of the AAA located closest to Employer’s New Jersey office. The single arbitrator shall be appointed from the AAA’s list of arbitrators by the mutual consent of the parties or, in the absence of such consent, by application of any jurisdictionparty to the AAA. Any claim or dispute between the parties and/or against any officer, director, agent, employee, successor, or assign A decision of the other, whether related arbitrator shall be final end binding upon the parties. The parties agree that this Section 5.12 shall be grounds for dismissal of any court action commenced by either party with respect to this Agreement, other than (i) post-arbitration actions seeking to enforce an arbitration award and (ii) actions seeking appropriate equitable or injunctive relief , including, without limitation, pursuant to the Charter Flight or Covenants Agreement. Employer shall pay the relationship or pay the fees of the arbitrator and each party shall be responsible for its own legal fees, costs of its experts and expenses of its witnesses. The arbitrator’s remedial authority shall equal the remedial power that a court with competent jurisdiction over the parties and their dispute would have. Any award rendered shall be final, binding and conclusive (without the right to an appeal, unless such appeal is based on fraud by the other party in connection with the arbitration process) upon the parties and any judgment on such award may be enforced in any court having jurisdiction, unless otherwise provided by law. Employer and Employee acknowledge that it is the intention of the parties that this Section 5.12 shall apply to all disputes, controversies and claims, including, without limitation, any rights or obligations contemplated herein, including the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator claims Employee may have under the Commercial Arbitration Rules Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the New Jersey Law Against Discrimination, the Conscientious Employee Protection Act, the New Jersey Civil Rights Act, and the Supplementary Procedures for Consumer Related Disputes then in effectall other federal, which are deemed state or local laws, rules or regulations relating to be incorporated herein by referenceemployment discrimination or otherwise pertaining to this Agreement, Employee’s employment or termination thereof. The place of Employer and Employee knowingly and voluntarily agree to this arbitration provision and acknowledge that arbitration shall be Broward Countyinstead of any civil litigation, Florida. The existence meaning that Employee and content of the arbitration proceedings and Employer are each waiving any rulings or award shall be kept confidential except: (i) rights to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx and XO alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effectjury trial.

Appears in 3 contracts

Samples: Employment Agreement (Lifecell Corp), Employment Agreement (Lifecell Corp), Employment Agreement (Lifecell Corp)

AutoNDA by SimpleDocs

Governing Law and Dispute Resolution. This Agreement and all the rights of the parties hereunder shall will be governed by, by and construed and enforced in accordance with the laws of the State of Florida Delaware applicable to agreements made and to be performed wholly within that State without reference regard to the conflict its conflicts of law principles of any jurisdictionlaws provisions. Any claim or dispute controversy between the parties and/or against any officer, director, agent, employee, successor, or assign Parties arising out of the othercircumstances and relationships contemplated by this Agreement, whether related including disputes relating to the validity, construction or interpretation of this Agreement (“Disputes”), shall, upon written notice of the Company to NantWorks or NantWorks to the Company, as applicable, be referred for resolution by final, binding arbitration in accordance with the provisions of this Section 7.10. The arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc. (or any successor entity thereto) (“JAMS”) under its rules of arbitration then in effect, except as modified in this Agreement. The arbitration shall be conducted in the English language, by a single arbitrator. The arbitrator shall engage an independent expert with experience in the subject matter of the Dispute to advise the arbitrator. With respect to any Dispute arising under this Agreement, the Charter Flight Parties and the arbitrator shall use all reasonable efforts to complete any such arbitration within six (6) months from the issuance of notice of a referral of any such Dispute to arbitration. The arbitrator shall determine what discovery will be permitted, consistent with the goal of limiting the cost and time which the Parties must expend for discovery; provided that the arbitrator shall permit such discovery as he or she deems necessary to permit an equitable resolution of the relationship or rights or obligations contemplated herein, including Dispute. The Parties agree that the validity decision of this clause, the arbitrator shall be resolved exclusively by the sole, exclusive and binding remedy between them regarding the Dispute presented to the arbitrator. Any decision of the arbitrator may be entered in a court of competent jurisdiction for judicial recognition of the decision and an order of enforcement. The arbitration proceedings and the decision of the arbitrator shall not be made public without the mutual consent of the Parties and each Party shall maintain the confidentiality of such proceedings and decision unless each Party otherwise agrees in writing; provided that a Party may make such disclosures as are permitted for confidential information under Section 7.11 below. Unless otherwise mutually agreed upon by the American Arbitration Association by a sole arbitrator under Parties, the Commercial Arbitration Rules and arbitration proceedings shall be conducted in the Supplementary Procedures for Consumer Related Disputes then County of Los Angeles in effect, which are deemed to be incorporated herein by referencethe State of California. The place of arbitration Parties agree that they shall be Broward County, Florida. The existence and content share equally the cost of the arbitration proceedings filing and any rulings or award shall be kept confidential except: (i) to hearing fees, the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx and XO alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions cost of the arbitration provision independent expert retained by the arbitrator, and the cost of the arbitrator and administrative fees of JAMS. Each Party shall remain in full force bear its own costs and effectattorneys’ and witnesses’ fees and associated costs and expenses. Pending the selection of the arbitrator or pending the arbitrator’s determination of the merits of any Dispute, a Party may seek appropriate interim or provisional relief from any court of competent jurisdiction as necessary to protect the rights or property of that Party.

Appears in 2 contracts

Samples: Shared Services Agreement (NantKwest, Inc.), Shared Services Agreement (NantKwest, Inc.)

Governing Law and Dispute Resolution. This Agreement and The Parties agree that all of the rights and obligations of the parties hereunder Parties under this Agreement, including the enforcement thereof, shall be governed by, and construed and enforced in accordance with with, the laws of the State of Florida, USA without giving effect to the principles of Florida without reference law relating to the conflict or choice of law principles of any jurisdictionlaws. Any claim The exclusive venue for disputes relating to or dispute between the parties and/or against any officer, director, agent, employee, successor, or assign of the other, whether related to this Agreement, the Charter Flight or the relationship or rights or obligations contemplated herein, including the validity out of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, which are deemed to be incorporated herein by reference. The place of arbitration Agreement shall be Broward County, Florida, and Customer hereby waives any jurisdictional venue or inconvenient forum objections thereto. Both parties do hereby mutually agree to waive their right to a jury trial in connection with any dispute or conflict relating to, or out of this Agreement. Any controversy or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be decided by final and binding arbitration in administered by the American Arbitration Association (“ AAA ”) in Broward County, Florida, USA under its Commercial Arbitration Rules (“ Commercial Rules ”), and judgment on the award rendered by the Arbitrator may be entered in any court with jurisdiction. The existence arbitration shall be conducted by one (1) neutral and content impartial arbitrator (the “Arbitrator”). The Arbitrator will be appointed by agreement of the arbitration proceedings Parties, but in the event that the Parties fail to agree on the Arbitrator, the AAA shall appoint an Arbitrator with sufficient understanding of the business and any rulings technology issues relevant to resolving the dispute. The Arbitrator shall have the sole power to rule on matters of jurisdiction, arbitrability, timeliness of claims, issue preclusion, and to grant permanent equitable relief. Notwithstanding the foregoing, either Party may seek interim equitable relief (including an injunction or award shall be kept confidential except: (ipreservation of evidence) in a court of law to the extent that disclosure it is necessary to prevent irreparable harm that may be required of a party caused to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with such Party by the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx and XO alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion breach of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effectAgreement.

Appears in 1 contract

Samples: Terms of Service

Governing Law and Dispute Resolution. This Agreement shall in all respects be subject to, governed by and all the rights of the parties hereunder shall be governed by, construed and enforced in accordance with the laws of the State Commonwealth of Florida Massachusetts without reference to the conflict of law principles of any jurisdictionconflicts of laws thereof. Any claim or dispute between the parties and/or against any officerExcept as noted below, directorall disputes arising with respect to your employment relationship, agent, employee, successor, or assign of the other, whether related to this Agreement, and/or the Charter Flight or the relationship or rights or obligations contemplated hereinequity referenced in this letter agreement, including whether the validity of this clausedispute is arbitrable, shall be resolved exclusively by through final and binding arbitration by in Boston, Massachusetts in accordance with the Employment Rules of the American Arbitration Association by a sole arbitrator under then in effect (the Commercial Arbitration Rules “Employment Rules”) and the Supplementary Procedures for Consumer Related Disputes then in effectFederal Arbitration Act, which are deemed 9 U.S.C. §1 et seq. Neither party will invoke arbitration until after it has given the other party written notice of the dispute and a ten-day period to be incorporated herein by referenceresolve the dispute. The place of parties will in good faith attempt to settle any disputes through direct or attorney-led negotiations before participating in an arbitration shall hearing. Arbitration under this section will require a neutral arbitrator, will permit appropriate and adequate discovery, and will permit the parties to the arbitration to seek relief that would otherwise be Broward County, Floridaavailable if the matter were brought in an appropriate court with civil jurisdiction over the parties. The existence and content Company will pay the entire amount of the arbitration proceedings filing fees and related expenses (less any rulings or award shall be kept confidential except: (i) to the extent amounts that disclosure may be required charged to you under the then applicable version of the Employment Rules), including the arbitrator’s fees and costs (but excluding, for the avoidance of doubt, your attorneys’ fees and related costs), for any dispute described in this section, provided that you acknowledge that some or all of the arbitration and arbitrator fees and expenses may be reallocated and charged to you by the arbitrator if a party claim or counterclaim was filed by you for purposes of harassment or is patently frivolous (or as otherwise permitted under the Employment Rules). For the avoidance of doubt, this arbitration provision does not apply to fulfill a legal duty, protect any disputes arising under or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration Restrictive Covenant Agreements, which shall proceed solely on an individual basis without the right for any claims to instead be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve court and make written awards is limited to claims between Xxxxxxxxx and XO alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute accordance with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effectthereof.

Appears in 1 contract

Samples: Invention and Non Disclosure Agreement (OneSpan Inc.)

Governing Law and Dispute Resolution. This Agreement Any and all actions or controversies arising out of this Agreement or the rights of the parties hereunder Employee’s employment, including, without limitation, tort claims, shall be governed by, construed and enforced in accordance with the internal laws of the State of Florida New Jersey, without reference regard to the conflict choice of law principles thereof. Except with respect to the Company’s and the Employee’s right to seek injunctive or other equitable relief (including, without limitation, pursuant to Section 6), any dispute, controversy or claim based on, arising out of or relating to the interpretation and performance of this Agreement, Employee’s employment or any termination hereof or thereof or any matter relating to the foregoing shall be solely submitted to and finally settled by arbitration by a single arbitrator in accordance with the then-current rules of the American Arbitration Association (“AAA”), including without limitation any claims for discrimination under any applicable federal, state or local law or regulation. Any such arbitration shall be conducted in the New Jersey office of the AAA located closest to Englewood Cliffs, New Jersey. The single arbitrator shall be appointed from the AAA’s list of arbitrators by the mutual consent of the parties or, in the absence of such consent, by application of any jurisdictionparty to the AAA. Any claim or dispute between the parties and/or against any officer, director, agent, employee, successor, or assign A decision of the other, whether related arbitrator shall be final and binding upon the parties. The parties agree that this Section 14 shall be grounds for dismissal of any court action commenced by either party with respect to this Agreement, other than (i) post-arbitration actions seeking to enforce an arbitration award and (ii) actions seeking appropriate equitable or injunctive relief, including, without limitation, pursuant to Section 6 hereof. The Company shall pay the Charter Flight or fees of the relationship or arbitrator and each party shall be responsible for its own legal fees, costs of its experts and expenses of its witnesses. The arbitrator’s remedial authority shall equal the remedial power that a court with competent jurisdiction over the parties and their dispute would have. Any award rendered shall be final, binding and conclusive (without the right to an appeal, unless such appeal is based on fraud by the other party in connection with the arbitration process) upon the parties and any judgment on such award may be enforced in any court having jurisdiction, unless otherwise provided by law. The Company and the Employee acknowledge that it is the intention of the parties that this Section 14 shall apply to all disputes, controversies and claims, including, without limitation, any rights or obligations contemplated herein, including claims the validity of this clause, shall be resolved exclusively by binding arbitration by the American Arbitration Association by a sole arbitrator Employee may have under the Commercial Arbitration Rules Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the New Jersey Law Against Discrimination, the New Jersey Civil Rights Act, the Conscientious Employee Protection Act and all other federal, state or local laws, rules or regulations relating to employment discrimination or otherwise pertaining to this Agreement, Employee’s employment or termination thereof. The Company and the Supplementary Procedures for Consumer Related Disputes then in effect, which are deemed Employee knowingly and voluntarily agree to be incorporated herein by reference. The place of this arbitration provision and acknowledge that arbitration shall be Broward Countyinstead of any civil litigation, Florida. The existence meaning that Employee and content of the arbitration proceedings and Company are each waiving any rulings or award shall be kept confidential except: (i) rights to the extent that disclosure may be required of a party to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding anything to the contrary, either party may disclose matters relating to the arbitration or the arbitration proceedings where necessary for the preparation or presentation of a claim or defense in such arbitration. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Xxxxxxxxx and XO alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party's right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effectjury trial.

Appears in 1 contract

Samples: Employment Agreement (Asta Funding Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.