Arbitration of Claims and Disputes Sample Clauses

Arbitration of Claims and Disputes. Except to the extent expressly set forth to the contrary in the second paragraph of this Paragraph 20, no civil action concerning any dispute, controversy or claim between Employee and Employer or NPSI arising out of or in connection with this Agreement or out of Employee’s employment with or the termination of Employee’s employment with Employer or any affiliate of Employer shall be instituted before any court; all such disputes, controversies and claims shall instead be submitted to final and binding arbitration under the auspices of The American Arbitration Association in Pittsburgh, Pennsylvania. Such arbitration shall be conducted in accordance with the rules, protocols and procedures of The American Arbitration Association. Except to the extent expressly set forth to the contrary in the second paragraph of this Paragraph 20, this provision shall apply to any and all such disputes, controversies and claims, whether asserted by or against Employer or NPSI and/or against any employee, officer, alleged agent, director or affiliate of Employer or NPSI with regard to any matter arising out of or in connection with this Agreement or out of or in connection with Employee’s employment with or the termination of Employee’s employment with Employer or any affiliate of Employer, including, but not limited to, any claim relating to the purported validity, interpretation, enforceability or breach of Employer’s standards of Employee conduct or this Agreement and/or any other claim or controversy arising out of the employment relationship (or the nature of the relationship) or the commencement or termination of that relationship, including, but not limited to, claims for violation of law and/or for breach of covenant, breach of implied covenant of good faith and fair dealing, wrongful termination, breach of contract, and/or intentional infliction of emotional distress, defamation, breach of right of privacy, interference with the advantageous or contractual relations, conspiracy and/or other tort claims of any kind. All costs and expenses of the arbitration, including but not limited to reasonable attorneys’ fees, shall be allocated among the parties according to the arbitrators’ discretion. The arbitrators’ award resulting from such arbitration shall be final, binding and nonappealable and may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly. Furthermore, the parties hereto expressly agree that, except to ...
AutoNDA by SimpleDocs
Arbitration of Claims and Disputes. Except as otherwise expressly provided in this Agreement, any civil claim (except workers’ compensation and unemployment compensation claims) which arises out of or relates in any way to this Agreement, to the parties’ existing contract, or to the employment relationship between the parties shall be settled by exclusive, binding, and final arbitration in Phoenix, Arizona, in accordance with the following terms and procedures. This includes but is not limited to claims arising under the common law of contract or tort and claims arising under any federal, state, county, or municipal constitution, charter, statute, rule, or regulation. The parties expressly agree to forego any right to trial by a judge and/or jury in favor of final, binding, and exclusive arbitration.
Arbitration of Claims and Disputes. Except as hereinafter set forth, ---------------------------------- no civil action concerning any disputes, controversies or claims between Employee and Employer arising out of this Agreement or out of Employee's employment or termination shall be instituted before any court and all such disputes, controversies, or claims shall be submitted to final and binding arbitration under the auspices of the American Arbitration Association, Pittsburgh, Pennsylvania or another professional arbitration association, panel or entity. Such arbitration shall be conducted in accordance with the protocols and procedures of The American Arbitration Association. This provision shall apply to any and all such disputes, controversies or claims whether asserted against the Employer and/or against any employee, officer, alleged agent, director or affiliate of the Employer with regard to any matter arising out of this agreement or out of Employee's employment or the termination of Employee's employment including, but not limited to, any claim relating to the purported validity, interpretation, enforceability or breach of Employer's standards of Employee conduct or this Agreement, and/or any other claim or controversy arising out of the employment relationship (or the nature of the relationship) or the commencement or termination of that relationship, including, but not limited to, claims for violation of law and/or for breach of covenant, breach of implied covenant of good faith and fair dealing, wrongful termination, breach of contract, or intentional infliction of emotional distress, defamation, breach of right of privacy, interference with the advantageous or contractual relations, conspiracy or other tort claims of any kind. All costs and expenses of the arbitration, including reasonable attorney's fees, shall be allocated among the parties according to the arbitrators' discretion. The arbitrators' award resulting from such arbitration shall be final, binding and nonappealable and may be confirmed and entered as a final judgment in any court of competent jurisdiction and enforced accordingly. Furthermore, the parties hereto expressly agree that proceeding to arbitration and obtaining an award thereunder shall be a condition precedent to the bringing or maintaining of any action in any court with respect to any dispute arising under this Agreement. This Paragraph 19 shall not apply to any disputes or claims arising under Paragraphs 6, 7 and 8 of this Agreement and shall not g...
Arbitration of Claims and Disputes. PLEASE REVIEW THIS PROVISION CAREFULLY: IT AFFECTS YOUR LEGAL RIGHTS. Arbitration of a dispute will result in the loss of any right to participate in a class action lawsuit related to the claim arbitrated.

Related to Arbitration of Claims and Disputes

  • Arbitration of Claims The parties shall submit all Claims (as defined in Exhibit E) arising under this Agreement or any other Transaction Document or any other agreement between the parties and their affiliates or any Claim relating to the relationship of the parties to binding arbitration pursuant to the arbitration provisions set forth in Exhibit E attached hereto (the “Arbitration Provisions”). For the avoidance of doubt, the parties agree that the injunction described in Section 9.3 below may be pursued in an arbitration that is separate and apart from any other arbitration regarding all other Claims arising under the Transaction Documents. The parties hereby acknowledge and agree that the Arbitration Provisions are unconditionally binding on the parties hereto and are severable from all other provisions of this Agreement. By executing this Agreement, Company represents, warrants and covenants that Company has reviewed the Arbitration Provisions carefully, consulted with legal counsel about such provisions (or waived its right to do so), understands that the Arbitration Provisions are intended to allow for the expeditious and efficient resolution of any dispute hereunder, agrees to the terms and limitations set forth in the Arbitration Provisions, and that Company will not take a position contrary to the foregoing representations. Company acknowledges and agrees that Investor may rely upon the foregoing representations and covenants of Company regarding the Arbitration Provisions.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

  • Governing Laws and Dispute Resolution 7.1 The execution, effectiveness, interpretation, performance, amendment and termination of this Agreement and the resolution of disputes hereunder shall be governed by the laws of the PRC.

  • Mediation of Disputes In the event of any disputes arise between the parties under this Agreement, the parties agree to use the following procedure prior to and as a precondition to either party pursuing any other available remedies, including arbitration or litigation.

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:

  • Irrevocable Arbitration of Disputes (a) Employee and the Company agree that any dispute, controversy or claim arising hereunder or in any way related to this Release, its interpretation, enforceability, or applicability, or relating to Employee’s employment, or the termination thereof, that cannot be resolved by mutual agreement of the parties shall be submitted to binding arbitration. This includes, but is not limited to, alleged violations of federal, state and/or local statutes, claims based on any purported breach of duty arising in contract or tort, including breach of contract, breach of the covenant of good faith and fair dealing, violation of public policy, violation of any statutory, contractual or common law rights, but excluding workers’ compensation, unemployment matters, or any matter falling within the jurisdiction of the state Labor Commissioner. The parties agree that arbitration is the parties’ only recourse for such claims and hereby waive the right to pursue such claims in any other forum, unless otherwise provided by law. Any court action involving a dispute which is not subject to arbitration shall be stayed pending arbitration of arbitrable disputes.

  • Governing Law Disputes Arbitration This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Should I find myself in a disagreement with the WEGC’s policies, rules or regulations and I am unable to resolve such issues in accordance with the By-laws of the WEGC, I agree that I shall bring no cause of action against the WEGC or any of the aforementioned Released Parties, and further agree to binding arbitration of those disputes. Should any party hereto institute any action or proceeding against the other party at law or in equity, or in connection with an arbitration in connection with this Agreement, the prevailing party from such action shall be entitled to recover from the losing party or parties all attorneys’ fees and costs for service rendered to the prevailing party in such action or proceeding.

  • Applicable Laws and Dispute Resolution a. The formation, validity, interpretation and performance of and settlement of disputes under this Agreement shall be governed by the laws of the PRC.

  • Settlement of Disputes; Arbitration 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board of a claim for benefits under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Board shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive's claim has been denied.

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