Restrictions on Arbitration. Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator's authority to resolve Disputes and to make awards is limited to Disputes between the parties to this Agreement alone, and is subject to the Limitations of Liability set forth in this Agreement. Furthermore, Disputes brought by either party to this Agreement against the other may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties. Any arbitration award and any judgment confirming it will apply only to the specific case and the specific parties, and neither you nor we shall be entitled to use or reference in an arbitration between us any award or judgment from any other case. Should any portion of this Section 17.2 of this Dispute Resolution provision be stricken from this Agreement or deemed otherwise unenforceable, then this entire Dispute Resolution paragraph shall be stricken from this Agreement.
Appears in 2 contracts
Sources: Business Loan and Security Agreement, Business Loan and Security Agreement (Panther Biotechnology, Inc.)
Restrictions on Arbitration. Disputes Each Dispute shall be arbitrated on an individual basis. There shall be no right or authority for any Disputes Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator's ’s authority to resolve Disputes a Dispute and to make awards is limited to Disputes between the parties Parties to this Agreement alone, and is subject to the Limitations limitations of Liability liability set forth in this Agreement. Furthermore, Disputes brought by either party any Party to this Agreement against the other another may not be joined or consolidated in arbitration with any one or more Disputes brought by or against any third party, unless agreed to in writing by all partiesParties. Any No arbitration award and or decision on any judgment confirming it will apply only Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the specific case and the specific parties, and neither you nor we shall be entitled to use or reference in an arbitration between us any award or judgment from any other casearbitration. Should any portion of this Section 17.2 of this Dispute Resolution provision 15.1(b) be stricken from this Agreement or deemed otherwise unenforceable, then this entire Dispute Resolution paragraph Section 15.1 shall be stricken from this Agreement.
Appears in 1 contract
Sources: Developer Agreement