Binding Arbitration Agreement Sample Clauses

Binding Arbitration Agreement. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. THE BANK, DEPOSITOR AND EACH AUTHORIZED SIGNATORY AGREE TO ARBITRATION AS FOLLOWS (hereinafter referred to as the Arbitration Provisions):

Binding Arbitration Agreement. The term “Merchant” in this Section 11.e (“Arbitration Agreement”) includes Merchant and the Guarantor(s) listed on POS Exhibit A. This Arbitration Agreement binds all of them and Shift4. (i) Shift4 and Merchant agree, to the maximum extend allowed under applicable law, to resolve all claims and disputes of every kind between them or their respective owners, partners, shareholders, affiliates (including parents, subsidiaries, and other related entities), predecessors, successors, or assigns only through binding individual arbitration. Shift4 and Merchant may adopt arbitration rules from JAMS in Ontario or from the ICC in other jurisdictions. This Arbitration Agreement is to be broadly interpreted. It includes: (A) claims or disputes relating to any aspect of the relationship between Shift4 and Merchant including claims or disputes relating to this Service Agreement, the Equipment, the Software, the Processing Agreement, any Shift4 product or service, and any agreement to which Merchant and Shift4 are parties (even if the claim or dispute does not involve the Service Agreement), whether based in contract, tort, statute, fraud, misrepresentation, omission, or any other theory; (B) claims or disputes that arose before this Service Agreement or any other agreement became effective (including claims or disputes relating to advertising); (C) claims or disputes that are the subject of purported class action litigation on the date this Service Agreement becomes effective but Merchant is not a member of a certified class on that date; and (D) claims or disputes that arise after the termination of this Service Agreement but relate to it or to the Equipment or Software.

Binding Arbitration Agreement. The term “Merchant” in this Section 11.e (“Arbitration Agreement”) includes Merchant and the Guarantor(s) listed on POS Exhibit A. This Arbitration Agreement binds all of them and Shift4. (i) Shift4 and Merchant agree to resolve all claims and disputes of every kind between them or their respective owners, partners, shareholders, affiliates (including parents, subsidiaries, and other related entities), predecessors, successors, or assigns only through binding individual arbitration before the American Arbitration Association (“AAA”). This Arbitration Agreement is to be broadly interpreted. It includes: (A) claims or disputes relating to any aspect of the relationship between Shift4 and Merchant including claims or disputes relating to this Service Agreement, the Equipment, the Software, the Processing Agreement, any Shift4 product or service, and any agreement to which Merchant and Shift4 are parties (even if the claim or dispute does not involve the Service Agreement), whether based in contract, tort, statute, fraud, misrepresentation, omission, or any other theory; (B) claims or disputes that arose before this Service Agreement or any other agreement became effective (including claims or disputes relating to advertising); (C) claims or disputes that are the subject of purported class action litigation on the date this Service Agreement becomes effective but Merchant is not a member of a certified class on that date; and (D) claims or disputes that arise after the termination of this Service Agreement but relate to it or to the Equipment or Software.

Binding Arbitration Agreement. In the event of any dispute between Employee and Employer or any of its agents, employees, affiliated entities, successors or assigns, arising out of or relating to the interpretation, application, breach, arbitrability, or enforceability of this Agreement, or any other dispute arising out of or relating to Employee's employment or relationship with Employer, any such dispute must be resolved in accordance with the Arbitration Agreement, attached hereto as Exhibit "C."

Binding Arbitration Agreement. BY USING YOUR PRODUCT, YOU AGREE TO THIS ARBITRATION AGREEMENT, SUBJECT TO YOUR RIGHT TO OPT-OUT AS DESCRIBED BELOW. UNLESS YOU HAVE BROUGHT AN ELIGIBLE CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, THE PARTIES AGREE ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE WARRANTY DESCRIBED IN SECTION 10, A BREACH OF SUCH WARRANTY, THE INTERPRETATION, SCOPE, OR VALIDITY OF THIS AGREEMENT, AND/OR THE PRODUCT’S SALE, CONDITION OR PERFORMANCE, WILL BE BROUGHT IN ARBITRATION SETTLED BY BINDING ARBITRATION ADMINISTERED BY NATIONAL ARBITRATION AND MEDIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY NATIONAL ARBITRATION AND MEDIATION, IN ACCORDANCE WITH ITS COMPREHENSIVE DISPUTE RESOLUTION RULES AND PROCEDURES, FEES FOR DISPUTES WHEN ONE OF THE PARTIES IS A CONSUMER, AND MASS FILING SUPPLEMENTAL DISPUTE RESOLUTION RULES AND PROCEDURES.

Binding Arbitration Agreement. The parties hereby agree that if a dispute arises regarding the interpretation or enforcement of the Purchase and Sale Agreement, the Warranty, or any matter relating to the construction of the home, said dispute shall be settled by binding arbitration. These disputes include but are not limited to: (1) any pre- or post- closing or construction disputes, (2) complaints; (3) unresolved warranty issues, (4) disputes as to events, representations, or omissions which predate the Purchase and Sale Agreement; (5) other action performed or to be performed by the Builder pursuant to the Purchase and Sale Agreement or the Warranty; (6) as to repairs or warranty claims arising during the term of the warranty; and/or (7) as to the cost to repair or replace any defect covered by the Warranty (collectively, an “unresolved dispute”). Such arbitration shall be submitted to and governed by the procedures of the Commercial Rules of the American Arbitration Association and RCW 7.04 et. Seq. You commence the arbitration process by giving the Builder written notice of your demand for Arbitration of an unresolved dispute. The dispute will be submitted to the American Arbitration Association, or such other independent arbitration service as is Fresh Collar LLC has received your notice of demand for Arbitration. If you submit a demand for Arbitration, you must pay the Arbitrator’s filling fee prior to the matter being referred to the Arbitrator. The Arbitrator’s fee shall be paid by the party bringing the action. The Arbitration shall be conducted in accordance with the Arbitrator’s rules and regulations to the extent that they are not in conflict with RCW 7.04 et. Seq.‌‌‌ Either party may, within one year after an arbitration award, apply to the King County Superior Court for the State of Washington, to confirm the award. The forwarding of a written demand for arbitration shall toll the running of any applicable statute of limitations for the matter to be arbitrated. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES. The Builder shall have 90 days after receipt of the arbitration award in which to comply with the arbitrator’s decision. Repairs will be commenced as soon as possible and will be completed within 90 days with the exception of any seasonal repairs or items that would reasonably take more than 90 days to complete. The builder will complete such repairs or replacement with diligence but without the necessity of incurring overtime or weekend expen...

Binding Arbitration Agreement. Parties agree that all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the County of Orange in the State of California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in contract breach and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. PARTIES AGREE THAT THE ARBITRATOR SHALL ADMINISTER AND CONDUCT ANY ARBITRATION IN ACCORDANCE WITH CALIFORNIA LAW, INCLUDING THE CALIFORNIA CODE OF CIVIL PROCEDURE AND THE CALIFORNIA EVIDENCE CODE, AND THAT THE ARBITRATOR SHALL APPLY SUBSTANTIVE AND PROCEDURAL CALIFORNIA LAW TO ANY DISPUTE OR CLAIM, WITHOUT REFERENCE TO RULES OF CONFLICT OF LAW. ARBITRATION SHALL BE THE SOLE, EXCLUSIVE, AND FINAL REMEDY FOR ANY DISPUTE BETWEEN THE PARTIES TO THIS AGREEMENT. ACCORDINGLY, EXCEPT AS PROVIDED FOR BY THIS AGREEMENT, NEITHER PARTY WILL BE PERMITTED TO PURSUE COURT ACTION REGARDING CLAIMS THAT ARE SUBJECT TO ARBITRATION. Notwithstanding the foregoing, in order to prevent irreparable harm, either party has the right to pursue injunctive relief in the state and federal courts located in Orange County, California, and the parties agree to the exclusive jurisdiction and venue of such courts for that purpose.

Binding Arbitration Agreement. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS Arbitration Agreement

Binding Arbitration Agreement. You and we agree to attempt to informally settle any disputes affecting your Accounts which might arise under the Membership Agreements and Disclosures. If that cannot be done, you and we agree that any claim or dispute, whether in contract, tort, statute, or otherwise, affecting your Accounts and arising out of or relating to the Membership Agreements and Disclosures will be resolved by BINDING ARBITRATION administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Mediation Procedures and Supplementary Procedures for Consumer-Related Disputes. As a result, you will GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under the Membership Agreements and Disclosures (EXCEPT for matters within SMALL CLAIMS COURT jurisdiction). You acknowledge that by agreeing to BINDING ARBITRATION you understand and agree to the following terms: • Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You understand and agree that YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. • Arbitration proceedings provide you a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. • Arbitration decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. • ARBITRATORS can award the same REMEDIES including DAMAGES that a COURT can award. • Any ARBITRATION under the Membership Agreements and Disclosures WILL BE ON AN INDIVIDUAL BASIS. You understand and agree that YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION. • The PLACE OF ARBITRATION shall be in the federal district WHERE YOU RESIDE. • WE WILL REIMBURSE YOU FOR ANY FILING, ADMINISTRATION, AND ARBITRATOR FEES as imposed by the American Arbitration Association. However, if the arbitrator determines that YOUR CLAIM IS FRIVOLOUS, UNWARRANTED, OR BROUGHT FOR AN IMPROPER PURPOSE (in accordance with the Federal Rules of Civil Procedure Section 11(b)) YOU WILL RETURN TO US ANY FILING, ADMINISTRATION, AND ARBITRATOR FEES WE PAID. • If YOU PREVAIL on the merits of your claim in arbitration, WE WILL PAY YOUR ATTORNEYS’ FEES. You will NOT be required to pay OUR ATTORNEYS’ FEES IF WE PREVAIL. FOR MORE DETAILS, check the American Arbitration Association’s website, ▇▇▇.▇▇▇.▇▇▇, OR call the American Arbitration Association’s Customer Service telephone number at (▇▇▇)▇▇▇-▇▇▇▇. Please note that any debt or loan obligation yo...