Excluded Disputes. (a) Any Dispute (whether as to liability or quantum or both) as to any obligation to make any payment under this Agreement or to our right to withhold, reduce or recover any Grant, or to apply clawback in relation to any Grant shall be an "Excluded Dispute".
Excluded Disputes. You and Xxxx agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
Excluded Disputes. The provisions of Sections 17.1 through 17.2 will apply to Excluded Disputes upon mutual written agreement of the parties. In the absence of such agreement, claims in connection with Excluded Disputes may be instituted in any court of competent jurisdiction.
Excluded Disputes. Notwithstanding Section 13.3, any dispute, controversy or claim relating to (a) the scope, validity, enforceability or infringement of any Patent, trademark or copyright or (b) any antitrust, anti-monopoly or competition law or regulation, whether or not statutory shall be submitted to a court of competent jurisdiction.
Excluded Disputes. The following claims and disputes are not subject to this arbitration provision: (1) claims for the specific performance of this dispute resolution provision; (2) claims or cross-claims for contribution, indemnification or subrogation in connection with a claim by a third-party against a Consignee Party and/or a Bakery Party; (3) applications for temporary or preliminary injunctive relief in aid of arbitration or for the maintenance of the status quo pending arbitration; (4) claims for the misuse of trade names, trademarks or intellectual property of a Bakery Party; (5) claims for the misuse of alleged confidential trade secrets and proprietary business information of a Bakery Party; (6) claims raised in litigation pending as of the date Bakery and Consignee enter into this agreement; and (7) any claim that is expressly precluded from arbitration by an applicable federal law, statute or regulation. Further, nothing set forth in this Article waives Consignee's right to file a charge or complaint with, or on behalf of, any federal, state, or local administrative agency if such claim is expressly precluded from arbitration under applicable law and such law is not preempted by the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) ("FAA"); however, any Covered Dispute that is not so precluded must be submitted to dispute resolution in accordance herewith.
Excluded Disputes. Unless otherwise agreed between the parties, clauses 27.3 to 27.8 do not apply to any dispute in relation to:
Excluded Disputes. The following claims and disputes are not subject to this arbitration provision: (1) claims for the specific performance of this dispute resolution provision; (2) claims or cross-claims for contribution, indemnification or subrogation in connection with a claim by a third-party against a Consignee Party and/or a Bakery Party; (3) applications for temporary or preliminary injunctive relief in aid of arbitration or for the maintenance of the status quo pending arbitration; (4) claims for the misuse of trade names, trademarks or intellectual property of a Bakery Party; (5) claims for the misuse of alleged confidential trade secrets and proprietary business information of a Bakery Party;
Excluded Disputes. The following matters are excluded from the Dispute resolution requirements of this Section: (i) a cross-claim pursuant to an indemnification obligation arising under Article VIII in a proceeding filed by a third party; (ii) a Dispute solely relating to ownership, infringement or violation of intellectual property rights; and (iii) any formal proceedings commenced to avoid expiration of any applicable limitations period, to preserve a superior position with respect to other creditors or to seek temporary, preliminary or permanent injunctive relief. The filing of a court action to enable the recording of a notice of pending action, receivership, or injunction shall not constitute a violation of this Section.
Excluded Disputes. The following claims are not covered under this Agreement: (i) claims for workers’ compensation benefits, state disability insurance or unemployment insurance benefits; (provided that it does apply to discrimination or retaliation claims based upon seeking such benefits); (ii) claims for benefits under employee benefit plans covered by the Employee Retirement Income Security Act of 1974; (iii) claims that the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act or other controlling federal statutes expressly bar from the coverage of arbitration agreements; and (iv) representative actions for civil penalties filed under the California Private Attorneys General Act (“PAGA”), which may only be maintained in a court of competent jurisdiction, and Worker and Companies agree any such action should be stayed pending the outcome of any claims that are subject to arbitration; however, should applicable law change in the future to allow PAGA waivers, this Section 2(A)(iv) exclusion will not apply, and the representative action waiver in Section 4 below will apply. A Worker may choose to exclude from this Agreement claims of sexual harassment or sexual assault, whether brought on an individual basis or as a named representative of a class or in a collective action. A Worker also can choose to arbitrate these claims under this Agreement.
Excluded Disputes. Any dispute, controversy, or claim between the Parties relating to (a) the scope, validity, enforceability, or Infringement of any Patents covering the manufacture, use, or sale of any Product or of any Trademark relating to any Product or (b) any 301144389 v2 antitrust, anti-monopoly or competition law or regulation; which in the case of (a) shall be determined in accordance with the Applicable Law of the country or other jurisdiction in which the particular Patent or Trademark has been filed or granted, as the case may be; and in the case of (b) be determined in accordance with the Applicable Law of the country or other jurisdiction in which the alleged anti-competitive conduct or infraction is alleged to have occurred; provided that, all questions concerning inventorship of Patents under this Agreement shall be determined in accordance with Section 7.1(b).
