Rights Preserved. This Arbitration Agreement and the exercise of any of the rights you and we have under this Agreement, does not stop you or us from exercising any lawful rights either of us has to use other available remedies; to comply with legal process; to obtain provisional remedies such as injunctive relief, attachment or garnishment by a court of appropriate jurisdiction; or to bring an individual action in court that is limited to preventing the other party from using or obtaining any provisional or self-help remedies and that does not involve a request for damages or monetary relief. Enforcement: You or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action may be brought at any time, even if such claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Any dispute concerning the validity or enforceability of this Arbitration Agreement must be decided by a court; any dispute concerning the validity or enforceability of the Agreement as a whole is for the arbitrator. Failure or forbearance to enforce this Arbitration Agreement at any particular time or in connection with any particular Claims will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any additional or different agreement between you and us regarding arbitration must be in writing. If either you or we fail to submit to binding arbitration following a lawful demand, the party who fails to submit bears all costs and expenses incurred by the party compelling arbitration. Survival and Severability of Terms: This Arbitration Agreement shall survive: (i) termination or changes in the Agreement, the Account, or the relationship between you and us concerning the Account; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your Account, or any amounts owed on your Account, to any other person or entity. If any portion of this Arbitration Agreement (except for the Class Action Waiver set forth above) is deemed invalid or unenforceable, the remaining provisions of the Arbitration Agreement shall remain in force. No portion of this Arbitration Agreement may be amended or waived absent a written agreement between you and us.
Rights Preserved. (a) The duties and obligations imposed by the Agreement and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by Law.
Rights Preserved. This Arbitration Provision and the exercise of any of the rights you and we have under this Arbitration Provision do not stop you or us from exercising any lawful rights to use other remedies available to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or court appointment of a receiver by a court having jurisdiction.
Rights Preserved. Notwithstanding anything herein to the contrary, the entry of this Interim Order is without prejudice to, and does not constitute a waiver of, expressly or implicitly: (a) the rights of the DIP Secured Parties to seek any other or supplemental relief in respect of the Debtors; (b) the rights of the DIP Secured Parties under the DIP Loan Documents, the Bankruptcy Code or applicable non-bankruptcy law, including, without limitation, the right to (i) request modification of the automatic stay of section 362 of the Bankruptcy Code, (ii) request dismissal of any of the Chapter 11 Cases, conversion of any or all of the Chapter 11 Cases to a case under chapter 7, or appointment of a chapter 11 trustee or examiner with expanded powers, or (iii) propose, subject to the provisions of section 1121 of the Bankruptcy Code, a chapter 11 plan or plans of reorganization; or (c) any other rights, claims, or privileges (whether legal, equitable or otherwise) of the DIP Secured Parties; provided, that notwithstanding the foregoing, in no event shall the Junior DIP Agent or Junior DIP Secured Parties seek additional or supplemental relief in respect of the Debtors or propose any chapter 11 plan or plan of reorganization, in each case that is inconsistent with the payment priority of the Senior DIP Obligations and Prepetition RBL Obligations set forth in paragraph 22(c). Notwithstanding anything herein to the contrary, the entry of this Interim Order is without prejudice to, and does not constitute a waiver of, expressly or implicitly, the Debtors’ or any party-in-interest’s right to oppose any of the relief requested in accordance with the immediately preceding sentence, except as expressly set forth in this Interim Order.
Rights Preserved. The expiry or termination of this Agreement will not affect any rights of a Party against the other Party in respect of any act, omission, matter, or thing occurring or under this Agreement prior to that expiry or termination.
Rights Preserved. A. All rights and authority of the County in force prior to this Agreement shall continue in full force and effect unless specifically amended by this Agreement.
Rights Preserved. This Arbitration Provision and the exercise of any of the rights you and we have under this Arbitration Provision do not stop either of us from exercising any lawful rights to use other remedies available to: • Preserve, foreclose, or obtain possession of real or personal property. • Exercise self-help remedies, including setoff and repossession rights. • Obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment or court appointment of a receiver by a court having jurisdiction. • Enforce your rights under section 502 of the Employee Retirement Income Security Act of 1976.
Rights Preserved. These arbitration provisions do not prohibit you or HSA Bank from exercising any lawful rights or using other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court of competent jurisdiction. Any statute of limitations applicable to any Dispute applies to any arbitration between you and HSA Bank. The provisions of this arbitration agreement shall survive termination, amendment, or expiration of the Account or any other relationship between you and HSA Bank. Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the Arbitration Administrator, unless limited by applicable law. Please check with the Arbitration Administrator to determine the fees applicable to any arbitration you may file. We agree to reimburse you, at the conclusion of the arbitration, within thirty (30) days of the issuance of the decision of the arbitrator, all of the filing, administration and arbitrator fees unless the arbitrator determines that the claim was frivolous or brought for an improper purpose (as measured by the standards set forth in Rule 11(b) of the Federal Rules of Civil Procedure). If the applicable law of the state that governs the relationship between you and HSA Bank limits the amount of fees and expenses to be paid by you, then no allocation of fees and expenses to you shall exceed this limitation. Unless inconsistent with applicable law, each party shall bear the expense of their attorney, expert and witness fees, regardless of which party prevails in the arbitration. We hereby agree not to seek an award of attorneys’ fees and/or expenses if we prevail in Arbitration. HEALTH SAVINGS ACCOUNT CUSTODIAL AGREEMENT This Custodial Agreement applies to all persons establishing an HSA under Section 223(a) of the Internal Revenue Code (“Code”) exclusively for the purpose of paying or reimbursing qualified medical expenses of the person and his or her spouse and dependents. This Health Savings Account Custodial Agreement does not apply to any other type of Account. A separate custodial agreement will be provided for other Accounts as applicable. By submitting an application for your HSA, you appoint us, and we, by accepting the application and accepting delivery of Account items for you...
Rights Preserved. Any termination under this clause shall not prejudice the rights of either party in respect of any previous breach of this Agreement. 7Parties’ representatives The Recipient Representative The Recipient’s representative is the Recipient’s Principal Investigator for this research project. (‘the Recipient Representative’) The Recipient Representative at the Start Date is specified in Item 6 of Schedule 2. The Recipient may change its representative by giving 3 Business Days written notice to Northern Health. Any notice given to the Recipient Representative is deemed to have been given to the Recipient. The Northern Health representative is the Northern Health Principal Investigator for this research project. (Northern Health Representative’). Northern Health Representative at the Start Date is specified in Item 7 of Schedule 2. . Northern Health may change its representative by giving 3 Business Days written notice to the Recipient. Any notice given to Norther Health Representative is deemed to have been given to Northern Health. Meetings The Northern Health Representative and the Recipient Representative must meet as often as may reasonably be necessary for the efficient provision of the Services. 8Notices Address and fax number A notice to a party under this document is only given if it is: delivered or posted to that party at the addresses specified in Item 8 of Schedule 2. Faxed or emailed to that party at the fax number or email address specified in Item 9 of Schedule 2. A party may amend its address, fax number or email address for the purposes of receiving notices by giving the other party 3 Business Days written notice of the amendment. When a notice is given A notice under this document is to be treated as being given at the following time: if it is hand delivered, when it is left at the relevant address; if it is sent by post, 2 Business Days after it is posted; or if it is sent by fax or email, as soon as the sender receives a report of an error free transmission to the correct fax number or email address. If a notice is given after 8:00pm or on a day which is not a Business Day, it is to be treated as having been given on the next Business Day. 9Miscellaneous Further co-operation Each party must do anything (including executing a document) that the other party reasonably requires to give full effect to, and to comply with any legislative requirements relating to this document. Liability for costs Each party must pay its own costs in relation to p...
Rights Preserved. A change to the remuneration payable in relation to a Service in accordance with clause 5.2 will not affect any rights to remuneration that have accrued at the time the change takes effect.
