Representative Action Waiver Sample Clauses

Representative Action Waiver. To the extent permissible by law, there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought pursuant to the Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. (“Representative Action Waiver”). THIS MEANS THAT, TO THE EXTENT CONSISTENT WITH APPLICABLE LAW, EXECUTIVE MAY NOT SEEK RELIEF ON BEHALF OF OTHERS IN ARBITRATION, INCLUDING BUT NOT LIMITED TO SIMILARLY AGGRIEVED EMPLOYEES. THE ARBITRATOR’S AUTHORITY TO RESOLVE ANY DISPUTE AND TO MAKE WRITTEN AWARDS WILL BE LIMITED TO EXECUTIVE’S INDIVIDUAL CLAIMS.
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Representative Action Waiver. The Parties give up the right to bring a non-class representative lawsuit or non-class representative arbitration (such as serving as a private attorney general or seeking a public injunction), or to participate in either as a claimant, in any jurisdiction in which such procedure might be permitted. The Parties agree that the waiver of rights in this paragraph G is necessary to ensure any Dispute is arbitrated in an informal and expedited fashion and the exercise of such rights would be contrary to the Parties’ intention to resolve Disputes informally and expeditiously.
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Representative Action Waiver. (a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both Uber and you agree that any and all disputes or claims between the parties shall be resolved only in individual arbitration, and not on a representative basis. The parties expressly waive their right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a representative action, or to participate in any representative action, including but not limited to claims brought under any state’s Private Attorneys General Act. The parties also expressly waive their right to seek, recover, or obtain any non-individual relief. There will be no right or authority for any dispute (whether brought by you or us, or on your or our behalf) to be brought, heard, administered, or arbitrated as a representative action, or for you or us to participate as a member in any such representative proceeding.
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Representative Action Waiver. (a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both Uber and you agree to bring any dispute in arbitration on an individual basis only, and not on a representative basis—including but not limited to as a private attorney general representative under the California Labor Code—on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a representative action, or for you to participate as a member in any such representative proceeding (“Representative Action Waiver”). Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes in court or arbitration regarding the validity, enforceability, conscionability or breach of the Representative Action Waiver, or whether the Representative Action Waiver is void or voidable, may be resolved only by the court and not by an arbitrator. If any portion of this Representative Action Waiver is found to be unenforceable or unlawful for any reason (1) any representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a civil court of competent jurisdiction; (2) the portion of the Representative Action Waiver that is enforceable shall be enforced in arbitration; (3) the unenforceable or unlawful provision shall be severed from this Agreement; and (4) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the Arbitration Provision or the arbitrability of any remaining claims asserted by you or us.
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Representative Action Waiver. To the maximum extent permitted by law, Agent agrees not to bring and waives any right to bring a claim on behalf of persons other than Agent or to otherwise participate with other persons in, any class, collective, or representative action. The arbitrator may not certify or otherwise preside over any form of a class, collective, or representative proceeding, nor may the arbitrator consolidate the claims of multiple parties into one proceeding without the consent of all such parties. Agent also agrees not to assert claims against Mpower in the same proceeding as any other person or entity, whether by joinder or otherwise, and that any proceeding brought on behalf of multiple claimants or plaintiffs shall be severed into individual proceedings. Agent further agrees to affirmatively “opt out” and to take all other reasonable measures to exclude Agent from any representative proceeding in which Agent may be invited to join or otherwise permitted to participate To the extent that a party brings both claims that are arbitrable under this Agreement and claims deemed by a court of law or by stipulation not to be arbitrable in accordance with this Agreement, the claims deemed arbitrable shall be adjudicated first in priority, with any claims that must be litigated in a court of law subject to a stay, administrative closure, or dismissal without prejudice, pending the resolution of the arbitrable claims. Any disputes regarding the validity of the Representative Action Waiver, shall be resolved only by a court of law and not by the arbitrator. In the event any provision of this Agreement, other than the Representative Action Waiver, is found to be unenforceable by an arbitrator or court of law, such provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, it being intended that the parties shall receive the benefit contemplated in this Agreement to the fullest extent permitted by law. If no such modification is possible, the unenforceable provision shall be deemed deleted, and the validity of the remaining provisions shall not be affected thereby. If the Representative Action Wavier is found to be unenforceable by a court, this entire Agreement shall be deemed void and of no effect.
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Representative Action Waiver. Employee further agrees that Employee is waiving the right to bring, or to participate in, a representative action, including a Private Attorneys General Act ("PAGA”) action, whether filed in a court of law or in arbitration, against Empire (the "Representative Action Waiver”). If the Representative Action Waiver is found to be unenforceable, the Parties agree that a court of law, and not arbitration, is the only forum for a representative action, including a PAGA action, against Empire. No arbitrator shall have the authority under this Agreement to order any such representative action.
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Representative Action Waiver. (a) This Arbitration Provision affects your ability to participate in representative actions. To the maximum extent provided by law, both Uber and you agree to bring any dispute in arbitration on an individual basis only, and not on a representative basis— including but not limited to as a private attorney general representative under the California Labor Code—on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a representative action, or for you to participate as a member in any such representative proceeding (“Representative Action Waiver”). Notwithstanding any other provision of this Arbitration Provision or the JAMS Rules, disputes in court or arbitration regarding the validity, enforceability, conscionability or breach of the Representative Action Waiver, or whether the Representative Action Waiver is void or voidable, may be resolved only by the court and not by an arbitrator. If any portion of this Representative Action Waiver is found to be unenforceable or unlawful for any reason (1) any representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a civil court of competent jurisdiction;
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Representative Action Waiver. Employee and MAC waive any right for a dispute or claim to be brought, heard, or decided as a Private Attorney General Representative Action on behalf of any other employees (“Representative Action”), and the arbitrator has no power or authority to preside over a Representative Action ("Representative Action Waiver"). The Representative Action Waiver does not apply to any claim Employee may bring in arbitration as a private attorney general solely on his/her own behalf. In the event this Representative Action Waiver is found to be invalid or unenforceable, it shall be severed from this Agreement and any Representative Action must be litigated in a court of competent jurisdiction.
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Representative Action Waiver. Parties agree that, to the maximum extent provided by law, all Claims between the Parties will be resolved only in individual arbitration, and not on a representative basis. There will be no right or authority for any dispute (whether brought by you or us, or on your or our behalf) to be brought, heard, administered, or arbitrated as a representative action, or for you or us to participate as a member in any such representative proceeding. Moreover, the Parties waive their right to: (i) Have any Claim brought, heard, administered, or arbitrated as a representative action; (ii) Participate in any representative action, including but not limited to Claims brought under any state’s Private Attorneys General Act; and (iii) seek, recover, or obtain any non-individual relief. Neither this Section, nor any applicable arbitration provider’s rules, prevent either Party from participating in a representative settlement of claims.
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Related to Representative Action Waiver

  • Alternative Action In the event it shall become impossible for the Bank or the Plan Administrator to perform any act required by this Agreement due to regulatory or other constraints, the Bank or Plan Administrator may perform such alternative act as most nearly carries out the intent and purpose of this Agreement and is in the best interests of the Bank, provided that such alternative act does not violate Code Section 409A.

  • Notification of Threatened Action Each Party will immediately notify the other Party of any information it receives regarding any threatened or pending action, inspection or communication by any Regulatory Authority, which may affect the safety or efficacy claims of any Licensed Product or the continued marketing of any Licensed Product. Upon receipt of such information, the Parties will consult with each other in an effort to arrive at a mutually acceptable procedure for taking appropriate action.

  • Required Actions (a) Each of the parties shall use their respective reasonable best efforts to take, or cause to be taken, all actions, and do, or cause to be done, and assist and cooperate with the other parties in doing, all things reasonably appropriate to consummate and make effective, as soon as reasonably possible, the Merger and the other transactions contemplated by this Agreement.

  • Legal Action Notice A prompt report of any legal actions pending or threatened in writing against Borrower or any of its Subsidiaries that could result in damages or costs to Borrower or any of its Subsidiaries of, individually or in the aggregate, One Hundred Thousand Dollars ($100,000) or more; and

  • Additional Documents and Actions Each Subordinated Creditor at any time, and from time to time, after the execution and delivery of this Agreement, upon the request of Agent and at the expense of Borrower, will promptly execute and deliver such further documents and do such further acts and things as Agent may request in order to effect fully the purposes of this Agreement.

  • Appropriate Action; Consents; Filings The Company and Associated shall use all commercially reasonable efforts to (a) take, or cause to be taken, all appropriate action, and do, or cause to be done, all things necessary, proper, or advisable under applicable Law to consummate and make effective the transactions contemplated by this Agreement; (b) obtain all consents, licenses, permits, waivers, approvals, authorizations, or orders required under Law (including, without limitation, all foreign and domestic (federal, state, and local) governmental and regulatory rulings and approvals and parties to contracts) in connection with the authorization, execution, and delivery of this Agreement and the consummation by them of the transactions contemplated hereby and thereby, including, without limitation, the Merger; and (c) make all necessary filings, and thereafter make any other required submissions, with respect to this Agreement and the Merger required under (i) the Securities Act and the Exchange Act and the rules and regulations thereunder, and any other applicable federal or state securities laws, (ii) any applicable federal or state banking laws, and (iii) any other applicable Law; provided, that Associated and the Company shall cooperate with each other in connection with the making of all such filings, including providing copies of all such documents to the non-filing party and its advisors prior to filing and, if requested, to accept all reasonable additions, deletions, or changes suggested in connection therewith. The Company and Associated shall furnish all information required for any application or other filing to be made pursuant to the rules and regulations of any applicable Law (including all information required to be included in the Proxy Statement/Prospectus and the Registration Statement) in connection with the transactions contemplated by this Agreement. In case at any time after the Effective Time any further action is necessary or desirable to carry out the purposes of this Agreement, the proper officers and directors of each party to this Agreement shall use all reasonable efforts to take all such necessary action. Subject to the satisfaction of the conditions in Section 7.01 and Section 7.03, the Company will use commercially reasonable efforts to cause each executive officer of the Company listed on Exhibit 7.02(i), as of the date of the Effective Time, to execute and deliver to Associated each of the Executive Agreements (as defined in Section 7.02(i)) in accordance with the terms set forth on Exhibit 7.02(i). Subject to the satisfaction of the other conditions in Section 7.01 and Section 7.02, Associated will execute, as of the date of the Effective Time, and deliver to the applicable executive officers of the Company listed on Exhibit 7.02(i) each of the Executive Agreements applicable to such executive officer in accordance with the terms set forth on Exhibit 7.02(i).

  • Initiation – Written Claim The claimant initiates a claim by submitting to the Company a written claim for the benefits.

  • Requisite Action All requisite action (corporate, trust, partnership or otherwise) has been taken by Seller in connection with entering into this Agreement and the instruments referenced herein and the consummation of the transactions contemplated hereby. No consent of any partner, shareholder, member, creditor, investor, judicial or administrative body, authority or other party is required which has not been obtained to permit Seller to enter into this Agreement and consummate the transaction contemplated hereby.

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