In California. The lower of: (a) the provider’s billed charge, or (b) the amount determined by Blue Shield to be the reasonable and customary value for the services rendered by a Non-Participating Provider based on statistical information that is updated at least annually and considers many factors including, but not limited to, the provider’s training and experience, and the geographic area where the services are rendered.
In California. You may cancel this Agreement for a full refund within 60 days of receipt of the Agreement by sending written notice to Lenovo at the address provided in Section 1 of this Part 2 of Your Agreement. If you cancel after 60 days of receipt of the Agreement, your refund will be based upon 100% of the unearned pro rata premium. We will pay a penalty of 10% of the Agreement purchase price per month on a refund that is not paid or credited within forty-five (45) days after return of the Agreement to Us. This Agreement does not cover preventive maintenance. You may transfer this Agreement to another party only when ownership of the covered product is transferred to the other party and You have obtained Our prior written consent. Mail all such requests to the Lenovo Services Agreement Administrator at the address provided in Section 1 of Part 2 of this Agreement. Your written request must include a copy of this Agreement, Your invoice(s) noting the part number and serial number of the covered product(s) and Your entitlement to Service, the effective date of transfer, and the transferee’s name, address and phone number. The coverage provided under this Agreement may not be transferred to any product other than the covered product(s). Section 13(C) of Part 1 of Your Agreement is deleted in its entirety and replaced by the following: “Neither of us will bring a legal action arising out of or related to this Agreement or a Service more than two (2) years after the cause of action arose. Each of us hereby waives any right to bring any claim after that time unless such waiver is expressly prohibited by statute or other applicable California law.” Section 13(L) of Part 1 of this Agreement concerning waiver of the right to a jury trial is not applicable to you. Instead, the following provision will apply: READ THE FOLLOWING ARBITRATION PROVISION ("PROVISION") CAREFULLY. IT LIMITS CERTAIN OF YOUR RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION.
In California. You may cancel this Agreement for a full refund within 60 days of purchase by sending written notice to: Lenovo at the address provided in Section 11 of this Agreement. If you cancel after 60 days of purchase, your refund will be based upon 100% of the unearned pro rata premium. We will pay a penalty of 10% of the Agreement purchase price per month on a refund that is not paid or credited within forty-five
In California. A married applicant may apply for a separate account. After credit approval, each applicant will have the right to use this Account to the extent of any limit set by us, and may be liable for all amounts extended under this Account to any joint applicant. IN NEW JERSEY: Certain provisions of this Agreement are subject to applicable law. As a result, they may be void, unenforceable or inapplicable in some jurisdictions. None of these provisions, however, is void, unenforceable or inapplicable in New Jersey. IN NEW YORK, RHODE ISLAND & VERMONT: A consumer report may be requested in connection with this application or any update, renewal or extension of any credit granted as a result of this application. Upon your request, you will be informed whether a report was obtained, and if so, the name and address of the consumer report agency. You consent to our obtaining of such reports by signing or otherwise submitting a credit application.
In California. A married applicant may apply for a separate account. After credit approval, each applicant will have the right to use this Account to the extent of any limit set by us, and may be liable for all amounts extended under this Account to any joint applicant.
In California. The following statement is added to Section 6.D “Dispute Resolution - Arbitration”: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 0-000-000-0000, or You may write to Department of Consumer Affairs, 0000 Xxxxxx Xxxxx Xxxxxx, Xxxxx Xxxxxxxxx, Xxxxxxxxxx, 00000, or You may visit their website at xxx.xxxx.xx.xxx. Section 6.E “Cancellation” is amended as follows: In the event You cancel this Agreement within sixty
In California. California's "Shine the Light" law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. As discussed above, if you wish to opt-out of our sharing of your information with third parties for the third parties' direct marketing purposes offline or for email please contact us at xxxx@xxxxxxxxx.xxx. To find out more about your opt-out rights, please contact us as described in the "How to Contact Us" section below.
In California. The following statement is added to Section 4.E “Arbitration”: This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 1-800- 000-0000, or You may write to Department of Consumer Affairs, 0000 Xxxxxx Xxxxx Xxxxxx, Xxxxx Xxxxxxxxx, Xxxxxxxxxx, 00000, or You may visit their website at xxx.xxxx.xx.xxx. 4.F “Cancellation” is amended as follows: In the event You cancel this Agreement within sixty (60) days of receipt of this Agreement, You shall receive a full refund of any payments made by You under this Agreement. In the event You cancel this Agreement after sixty (60) days of receipt of this Agreement, you shall receive a pro-rata refund of any amount paid based upon elapsed time less an administrative fee not to exceed ten percent (10%) of the price of this Agreement or twenty- five dollars ($25.00), whichever is less, and less any claims that have been paid or repairs that have been made.
In California. The following statement is added to Section 4.E “Dispute Resolution - Arbitration”: (1) Pursuant to California Civil Code sections 51.7 (Xxxxx Civil Rights Act) and 52.1 (Bane Civil Rights Act), the option to enter into arbitration is solely at the discretion of the contract holder; (2) If arbitration is elected, this does not waive the right of California consumers to file and pursue civil action or complaint; (3) If any statement found within this contract contradicts this section, this section shall take precedence. This arbitration provision does not prohibit a California resident from following the process to resolve complaints as outlined by the California Bureau of Electronic and Appliance Repair (BEAR). To learn more about this process, You may contact BEAR at 0-000-000-0000, or You may write to Department of Consumer Affairs, 0000 X. Xxxxxx Xxxxx, Xxxxx X, Xxxxxxxxxx, XX 00000, or You may visit their website at xxx.xxxx.xx.xxx.
In California. Notwithstanding anything to the contrary in this Settlement Agreement, the Parties further agree that the rates, terms and conditions set forth in Section 6.2 through 6.9 of the Reciprocal Compensation Appendix to the 2003 Agreement including, but not limited to, the rate for ISP and Internet-bound traffic and the ISP and Internet-bound Minutes Growth Cap, shall apply to ISP and Internet-bound traffic exchanged between the Parties beginning August 1, 2003 and so long as the 2003 Agreement is in full force and effect, subject to any intervening law made applicable pursuant to the intervening law provisions of the 2003 Agreement including, but not limited to, Section 30.18 of the General Terms and Conditions. Subject to the reservation of rights set forth below in Paragraphs 8 and 9, SBC California shall pay Pac-West within five (5) business days of receipt by SBC California of both this Settlement Agreement signed by Pac-West and a copy of the notice to the CPUC signed by Pac-West as set forth in Paragraph 7 below, the amount of Four Million Eight Hundred Thousand Dollars ($4,800,000) ("SBC Settlement Payment"). The SBC Settlement Payment shall apply as payment in full of any and all charges (whether billed, unbilled, known or unknown or otherwise) including, without limitation, Late Payment Charges that Pac-West asserts SBC California owes and that SBC California asserts that PacWest owes for the Disputes. Upon receipt of the SBC Settlement Payment, the Parties shall credit the balance of charges on the invoices covered by this Settlement Agreement immediately following the receipt of the SBC Settlement Payment. As a result of the SBC Settlement Payment, pursuant to this Settlement Agreement, upon issuance of credits by the Parties, the balance of all charges, credits and payments due from SBC California to Pac-West, and from Pac-West to SBC California, shall be zero (0) for all of the Disputes. Neither Party shall send the other Party any further charges or claims related to the aforementioned Disputes. Except as otherwise provided in this Agreement, the above-referenced payments and credits shall be final and shall not be subject to any audit, verification, true-up, adjustment, or claim for refund. Within thirty (30) calendar days of the Effective Date of this Settlement Agreement, PacWest will sign and return to SBC an amendment to the Interconnection Agreement that outlines, among other things, an agreement between the Parties over a billing arrangemen...
