ARBITRATION POLICY Sample Clauses

ARBITRATION POLICY. Subject to the Company’s right to seek injunctive or other equitable relief as specified in Section 5.4 of this Agreement or in the Proprietary Information and Inventions Agreement, the Parties agree that arbitration is the required and exclusive forum for the resolution of any and all disputes between them, including claims arising under statute, common law, or this Agreement. This mandatory arbitration provision includes without limitation any claims or actions under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (“Section 1981”), the Americans with Disabilities Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Equal Pay Act, the Employee Retirement Income Security Act, and any other federal, state or local statute, law or regulation regarding employment, employment discrimination, terms and conditions of employment, compensation or termination of employment. This mandatory arbitration provision includes any dispute between the Executive and the Company or its parents, subsidiaries and affiliates, and its and their current and former officers, directors, employees and agents. Any covered dispute must be submitted to arbitration in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association. Any such arbitration will be conducted in Xxxxxxxxxx County, Maryland, and will be decided in accordance with and determined by the laws of the State of Maryland and/or applicable federal law. The Executive specifically agrees that the Company may seek specific performance of this provision, as well as other injunctive relief, from the state or federal courts in Maryland. The arbitrator shall not have the authority to award punitive damages, costs or attorneys’ fees to either Party except where expressly provided for by the applicable law. Except as otherwise provided by applicable law, the administrative costs of the arbitration (filing fees, cost for the arbitration site, other AAA fees, arbitrator’s fee) shall be divided equally between the parties. In the event that the National Rules for the Resolution of Employment Disputes of the American Arbitration Association, any express statutory provisions, or controlling case law conflicts with this allocation and requires the payment of administrative costs of arbitration by the Company, the administrative costs of arbitration will be paid by the Company. The fees and expense...
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ARBITRATION POLICY. Every student and The Art Institute of Virginia Beach agrees that any dispute or claim between the student and The Art Institute of Virginia Beach (or any company affiliated with The Art Institute of Virginia Beach, or any of its officers, directors, trustees, employees or agents) arising out of or relating to a student’s enrollment or attendance at The Art Institute of Virginia Beach whether such dispute arises before, during, or after the student’s attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at the student’s or The Art Institute of Virginia Beach’s election, submitted to and resolved by individual binding arbitration pursuant to the terms described herein. This policy, however, is not intended to modify a student’s right, if any, to file a grievance with any state educational licensing agency. Either party may elect to pursue arbitration upon written notice to the other party. Such notice must describe the nature of the controversy and the remedy sought. If a party elects to pursue arbitration, it should initiate such proceedings with JAMS, which will serve as the arbitration administrator pursuant to its rules of procedure. JAMS can be contacted as follows: JAMS, 00 Xxxxxxxx, 00xx Xxxxx, Xxx Xxxx, XX, 00000, xxx.xxxxxxx.xxx, 000-000-0000. This provision does not preclude the parties from mutually agreeing to an alternate arbitration forum or administrator in a particular circumstance. If either party wishes to propose such an alternate forum or administrator, it should do so within twenty (20) days of its receipt of the other party’s intent to arbitrate. The Art Institute of Virginia Beach agrees that it will not elect to arbitrate any undividable claim of less than the relevant jurisdictional threshold that a student may bring in small claims court (or in a similar court of limited jurisdiction subject to expedited procedures). If that claim is transferred or appealed to a different court, however, or if a student’s claim exceeds the relevant jurisdictional threshold The Art Institute of Virginia Beach reserves the right to elect arbitration and, if it does so, each student agrees that the matter will be resolved by binding arbitration pursuant to the terms of this Section. IF EITHER A STUDENT OR THE ART INSTITUTE OFVIRGINIA BEACH CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL, TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES, OR OTHERWISE TO LITIG...
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ARBITRATION POLICY. As an accommodation to its customers, EBlock provides Arbitration Services for disputes that may develop between Buyers and Sellers, in connection with undisclosed conditions or breaches of guarantees that may exist on vehicles that are sold through EBlock. Such Arbitration services shall be performed at the discretion of, and pursuant to the Arbitration Policies of EBlock and the NAAA. In order to enter Arbitration, the Buyer must give EBlock notice through the EBlock App of the undisclosed condition or breach of guarantees within the specified time parameters, depending on the type of condition or breach of guarantee. If the Buyer fails to give notice within the specified time frames, EBlock shall have no duty or obligation to provide Arbitration Services and the sale will be final.
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ARBITRATION POLICY. In addition, your employment is conditioned upon satisfactory proof of your right to work in the United States.
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ARBITRATION POLICY. You and The Art Institute agree that any dispute or claim between you and The Art Institute (or any company affiliated with The Art Institute, or any of its officers, directors, trustees, employees or agents) arising out of or relating to this Enrollment Agreement or, absent such agreement, your enrollment or attendance at The Art Institute, whether such dispute arises before, during, or after your attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at your or The Art Institute’s election, submitted to and resolved by individual binding arbitration pursuant to the terms described herein. If you decide to initiate arbitration, you may select either JAMS or the National Arbitration Forum (“NAF”) to serve as the arbitration administrator pursuant to its rules of procedure. If The Art Institute intends to initiate arbitration, it will notify you in writing by regular mail at your latest address on file with the college, and you will have 20 days from the date of the letter to select one of these organizations as the administrator. If you fail to select an administrator within that 20-day period, The Art Institute will select one. The Art Institute agrees that it will not elect to arbitrate any individual claim of less than $5,000 that you bring in small claims court (or in a similar court of limited jurisdiction subject to expedited procedures). If that claim is transferred or appealed to a different court, however, or if your claim exceeds $5,000, The Art Institute reserves the right to elect arbitration and, if it does so, you agree that the matter will be resolved by binding arbitration pursuant to the terms of this Section. If either you or The Art Institute chooses arbitration, neither party will have the right to a jury trial, to engage in discovery, except as provided in the applicable arbitration rules, or otherwise to litigate the dispute or claim in any court (other than in small claims or similar court, as set forth in the preceding paragraph, or in an action to enforce the arbitrator’s award). Further, you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration. The arbitrator’s decision will be final and binding. Other rights that you or The Art Institute would have in court also may not be available in arbitration. The arbitrator shall have no authority to arbitrate claims on a class action basis, and claims brought by...
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ARBITRATION POLICY. Please read this provision of this Arbitration Policy carefully and secure representation by an independent lawyer to assist you in considering whether to agree to the terms of this Agreement and Arbitration Policy. The Arbitration Policy provides that any dispute between the parties of the Flat Fee Agreement must be resolved by binding MANDATORY (!) arbitration. Arbitration replaces the right to go to court, including the right for a jury trial and/or the right to participate in a class action and/or similar proceedings. In arbitration, a dispute is resolved by an arbitrator instead of a judge and/or jury. Arbitration procedures are similar and more limited than court procedures. Matters subject to the binding arbitration: all matters other then initial motions in equity filed under exigent circumstances. There matters include, but are not limited to, all and any matters related to the application, enforceability, and/or interpretation of the Flat Fee Agreement and this Arbitration Policy; all and any matters of reimbursement and/or advancement of arbitration fees; all and any matters of professional misconduct, negligence, incompetence, ineffective assistance, misrepresentation, bad faith, intentional infliction of emotional distress, reckless endangerment, breach of contract, improper disclosure, defamation, malicious persecution; all and any matters of ethical violations and/or misconduct, prejudice, discrimination, sexual harassment, alienation of affection; all and any matters of improper disclosure, breach of attorney-client privilege, breach of fiduciary duty, professional misconduct, consumer and/or insurance fraud, misappropriation of funds, legal and/or medical malpractice; all and any torts whatsoever without exclusion and/or limitation; all and any matters of fee disputes and/or disgorgement of fees; all and any matters that may arise between the parties; all and any matters that may be brought up based on any legal theory whatsoever, whether know or unknown. Not only all and any claims arising between the parties of the Retainer Agreement, but also all and any claims arising between agents, associates, employees, representatives, attorney-in-facts, affiliated persons and/or companies, predecessors, successors, heirs, heir assignees, trustees in bankruptcy of the parties of the Agreement. Governing Law. The binding arbitration provisions are governed by the Federal Arbitration Act. Broadest interpretation: any questions about whether claims an...
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ARBITRATION POLICY. Arbitration Policies. We offer an arbitration service to resolve disputes between Buyers and Sellers. Our arbitration service is governed by the terms and conditions (collectively, the “AutoBids Arbitration Policy”). The arbitration process is designed to be fair, impartial, quick, and economical.
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ARBITRATION POLICY. I and The Art Institute agree that any dispute or claim between me and The Art Institute (or any company affiliated with The Art Institute, or any of its officers, directors, trustees, employees or agents) arising out of or relating to this enrollment agreement or, absent such agreement, my enrollment or attendance at The Art Institute of Charleston, whether such dispute arises before, during, or after my attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at my or The Art Institute’s election, submitted to and resolved by the individual binding arbitration pursuant to the terms described herein. The full and complete arbitration policy is found on page 10 and is part of this agreement. trAnsfErAbilitY of crEdit The Art Institute of Charleston is a branch campus of The Art Institute of Atlanta. The Art Institute of Atlanta is accredited by the Commission on Colleges of the Southern Association of Colleges and Schools to award associate and baccalaureate degrees. Contact the Commission on Colleges at 0000 Xxxxxxxx Xxxx, Xxxxxxx, Xxxxxxx 00000- 0000 or call 000.000.0000 for questions about the accreditation of The Art Institute of Atlanta. The Art Institute of Charleston is licensed by the South Carolina Commission on Higher Education. However, the fact that a school is licensed and accredited is not necessarily an indication that credits earned at that school will be accepted by another school. In the U.S. higher education system, transferability of credit is determined by the receiving institution, taking into account such factors as course content, grades, accreditation and licensing. The Art Institute does not imply, promise, or guarantee transferability of its credits to any other institution. The full and complete transferability of credit policy is found on page 10 and is part of this agreement. studEnt AcknoWlEdGEmEnts If I am accepted for admission by The Art Institute, I agree to abide by the regulations and policies as set forth in the catalog, together with all other Art Institute policies, procedures, and student conduct codes, and the schedule of tuition, fees, and expenses, and as stated in this agreement. I certify that the information that I have provided in this application is true and complete to the best of my knowledge. I fully realize that omission or falsification of information will be sufficient reason for rejection of this application or for dismissal. I authorize The Art Institute to rece...
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ARBITRATION POLICY. I and The Art Institute agree that any dispute or claim between me and The Art Institute (or any company affiliated with The Art Institute, or any of its officers, directors, trustees, employees or agents) arising out of or relating to this enrollment agreement or, absent such agreement, my enrollment or attendance at The Art Institute of Charleston, whether such dispute arises before, during, or after my attendance and whether the dispute is based on contract, tort, statute, or otherwise, shall be, at my or The Art Institute’s election, submitted to and resolved by the individual binding arbitration pursuant to the terms described herein. The full and complete arbitration policy is found on page 10 and is part of this agreement.
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Related to ARBITRATION POLICY

  • Arbitration Procedures In the event that the employee and the School Board are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein:

  • Arbitration; Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia applicable to agreements made in and wholly to be performed in that jurisdiction, except for matters arising under the Act or the Securities Exchange Act of 1934, which matters shall be construed and interpreted in accordance with such laws. Any controversy or claim arising out of or related to the Transaction Documents or the breach thereof, shall be settled by binding arbitration in Atlanta, Georgia in accordance with the Expedited Procedures (Rules 53-57) of the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). A proceeding shall be commenced upon written demand by Company or any Investor to the other. The arbitrator(s) shall enter a judgment by default against any party, which fails or refuses to appear in any properly noticed arbitration proceeding. The proceeding shall be conducted by one (1) arbitrator, unless the amount alleged to be in dispute exceeds two hundred fifty thousand dollars ($250,000), in which case three (3) arbitrators shall preside. The arbitrator(s) will be chosen by the parties from a list provided by the AAA, and if they are unable to agree within ten (10) days, the AAA shall select the arbitrator(s). The arbitrators must be experts in securities law and financial transactions. The arbitrators shall assess costs and expenses of the arbitration, including all attorneys' and experts' fees, as the arbitrators believe is appropriate in light of the merits of the parties' respective positions in the issues in dispute. Each party submits irrevocably to the jurisdiction of any state court sitting in Atlanta, Georgia or to the United States District Court sitting in Georgia for purposes of enforcement of any discovery order, judgment or award in connection with such arbitration. The award of the arbitrator(s) shall be final and binding upon the parties and may be enforced in any court having jurisdiction. The arbitration shall be held in such place as set by the arbitrator(s) in accordance with Rule 55. Although the parties, as expressed above, agree that all claims, including claims that are equitable in nature, for example specific performance, shall initially be prosecuted in the binding arbitration procedure outlined above, if the arbitration panel dismisses or otherwise fails to entertain any or all of the equitable claims asserted by reason of the fact that it lacks jurisdiction, power and/or authority to consider such claims and/or direct the remedy requested, then, in only that event, will the parties have the right to initiate litigation respecting such equitable claims or remedies. The forum for such equitable relief shall be in either a state or federal court sitting in Atlanta, Georgia. Each party waives any right to a trial by jury, assuming such right exists in an equitable proceeding, and irrevocably submits to the jurisdiction of said Georgia court. Georgia law shall govern both the proceeding as well as the interpretation and construction of this Agreement and the transaction as a whole.

  • Terms of Arbitration The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

  • Arbitration Procedure 1301 In the event of the failure of the parties to settle a grievance by means of the grievance procedure stated in Article 12, within ten (10) days of the date upon which the written reply referred to in Article 12 is received from the Human Resources Director or equivalent, the matter may then be referred to arbitration as hereinafter set forth. 1302 If mutual agreement is not reached by both parties to choose a single Arbitrator within ten (10) days from the time that the matter is referred to arbitration as defined in 1301 above, then the procedure stated below will be followed. 1303 Either party may submit the matter in dispute to a Board of Arbitration by giving notice to the other party within a further seven (7) days and by appointing in that notice one (1) nominee of the intended Board of Arbitration. The other party to the dispute shall, within seven (7) days after the receipt of such notice, also appoint a nominee and the two (2) nominees thus appointed shall, within ten (10) days thereafter, select a third member who shall be Chairperson. 1304 Should either party fail to appoint an Arbitrator as herein provided, or if any Arbitrator thus appointed should fail or be unable to serve and another Arbitrator not be appointed in her/his place by the party who made the original appointment, then the other party to the dispute may request the Minister of Labour for Manitoba to select a substitute. 1305 Should the two (2) appointed nominees fail within ten (10) days to agree upon a Chairperson, the two (2) nominees shall forward a request to the Minister of Labour for Manitoba to select a Chairperson. 1306 It is mutually agreed by both parties to this Collective Agreement that the decision of the Arbitrator, or the decision of the Chairperson in the absence of the majority decision of the Arbitration Board shall be final and binding upon the Employer, the Union and the nurse(s) concerned; however, the Arbitrator or the Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions in this Collective Agreement. 1307 The Board of Arbitration shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. 1308 In the event of a grievance alleging unjust layoff, suspension or discharge being referred to arbitration, the Arbitrator or Board of Arbitration shall be authorized to rule whether or not the nurse(s) concerned shall be reinstated and, in the event of reinstatement, shall also be authorized to make an award in terms of compensation for regular salary lost or a reasonable alternate award, however, any monetary award shall not exceed the difference between salary lost and any wages that may have been earned from employment with another employer during the period of the layoff, suspension or discharge. 1309 Any costs incurred by either of the parties hereto, preceding or during arbitration proceedings, shall be borne by the respective parties incurring such costs, but the costs of the Arbitrator or of the Chairperson of the Arbitration Board shall be borne by the parties hereto in equal shares. 1310 For the purposes of determining lengths of time in the foregoing procedure, Saturdays, Sundays and Recognized Holidays are excluded. 1311 Nothing in this Collective Agreement shall preclude a nurse or the Union committee and the Employer from mutually agreeing to settle a dispute by means other than those described in the grievance and arbitration procedures or to extend any of the stipulated time limits. 1312 Nurses whose attendance is required at arbitration hearings related to the Agreement shall be given permission to be absent from work and shall not suffer any loss of salary as a result. 1313 The Arbitrator shall be requested to provide both parties with a hard (paper) copy as well as a disk/electronic version of an arbitration award.

  • Governing Law; Arbitration This Agreement shall be governed and interpreted in accordance with the laws of the State of New York without giving effect to the conflicts of law principles thereof. Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 5.2, including the provisions concerning the appointment of the arbitrators, this Section 5.2 shall prevail. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. In the event of the arbitration of any Dispute pursuant to this Section, the losing party in such arbitration shall pay to the prevailing party all expenses and fees (including reasonable attorneys’ fees) incurred in connection with the arbitration of such Dispute, and the arbitration order, ruling or award shall contain a specific provision providing for such payment.

  • Arbitration Provision Any and all Arbitrable Disputes (except to the extent injunctive relief is sought) shall be resolved through the use of binding arbitration using, in the case of an Arbitrable Dispute involving a dispute of an amount equal to or greater than $1,000,000 or non-monetary relief, three arbitrators, and in the case of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, one arbitrator, in each case in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as supplemented to the extent necessary to determine any procedural appeal questions by the Federal Arbitration Act (Title 9 of the United States Code). If there is any inconsistency between this Article 26 and the Commercial Arbitration Rules or the Federal Arbitration Act, the terms of this Article 26 will control the rights and obligations of the Parties. Arbitration must be initiated within the time limits set forth in this Agreement, or if no such limits apply, then within a reasonable time or the time period allowed by the applicable statute of limitations. Arbitration may be initiated by a Party (“Claimant”) serving written notice on the other Party (“Respondent”) that Claimant elects to refer the Arbitrable Dispute to binding arbitration. Claimant’s notice initiating binding arbitration must identify the arbitrator Claimant has appointed. Respondent shall respond to Claimant within thirty (30) days after receipt of Claimant’s notice, identifying the arbitrator Respondent has appointed. If Respondent fails for any reason to name an arbitrator within the 30-day period, Claimant shall petition the American Arbitration Association for appointment of an arbitrator for Respondent’s account. The two arbitrators so chosen shall select a third arbitrator within thirty (30) days after the second arbitrator has been appointed, and, in the of an Arbitrable Dispute involving a dispute of an amount less than $1,000,000, such third arbitrator shall act as the sole arbitrator, and the sole role of the first two arbitrators shall be to appoint such third arbitrator. Claimant will pay the compensation and expenses of the arbitrator named by or for it, and Respondent will pay the compensation and expenses of the arbitrator named by or for it. The costs of petitioning for the appointment of an arbitrator, if any, shall be paid by Respondent. Claimant and Respondent will each pay one-half of the compensation and expenses of the third arbitrator. All arbitrators must (a) be neutral parties who have never been officers, directors or employees of the Operator, the Company or any of their Affiliates and (b) have not less than seven (7) years’ experience in the energy industry. The hearing will be conducted in the State of Delaware or the Philadelphia Metropolitan area and commence within thirty (30) days after the selection of the third arbitrator. The Company, the Operator and the arbitrators shall proceed diligently and in good faith in order that the award may be made as promptly as possible. Except as provided in the Federal Arbitration Act, the decision of the arbitrators will be binding on and non-appealable by the Parties hereto. The arbitrators shall have no right to grant or award Special Damages. Notwithstanding anything herein the contrary, the Company may not dispute any amounts with respect to an invoice delivered in accordance with Section 3.8 that the Company has not objected to within one hundred twenty (120) days of receipt thereof. No Event of Default shall occur if the subject matter underlying such potential Event of Default is the subject matter of any dispute that is pending resolution or arbitration under this Article 26 until such time that such dispute is resolved in accordance with this Article 26.

  • Arbitration Rules (a) The arbitration shall be conducted in accordance with this Employment Agreement, using as appropriate the AAA Employment Dispute Resolution Rules in effect on the date hereof. The arbitrator shall not be bound by the rules of evidence or of civil procedure, but rather may consider such writings and oral presentations as reasonable business people would use in the conduct of their day-to-day affairs, and may require both Parties to submit some or all of their respective cases by written declaration or such other manner of presentation as the arbitrator may determine to be appropriate. The Parties agree to limit live testimony and cross-examination to the extent necessary to ensure a fair hearing on material issues.

  • 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.

  • Law Governing Arbitration Procedures The interpretation of the provisions of this Article V, only insofar as they relate to the agreement to arbitrate and any procedures pursuant thereto, shall be governed by the Arbitration Act and other applicable U.S. federal Law. In all other respects, the interpretation of this Agreement shall be governed as set forth in Section 7.10.

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