Claims Resolution Clause Samples

Claims Resolution a. In the event ▇▇▇▇▇▇▇ is unable to resolve a complaint to your satisfaction through the procedures defined in Section 15, this section explains how claims can be resolved through arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first energy bill with ▇▇▇▇▇▇▇ as your supplier. See Your Right to Reject Arbitration below. b. For this section, you and Starion (“us” or “we”) include any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, cross-claims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and (4) claims that arise from or relate to (a) any account created under any agreement with us or any rates charged on any such account, (b) advertisements, promotions or statements related to any rate plans, goods or services under any agreement with us, (c) benefits and services related to Customer’s account with us (including rewards programs) and (d) your application for any account. You may not sell, assign or transfer a claim.

Claims Resolution a. In the event ▇▇▇▇▇▇▇ is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved through arbitration or litigation. It includes an arbitration provision. You may reject the arbitration provision by sending us written notice within 45 days after your first energy bill with ▇▇▇▇▇▇▇ as your supplier. See Your Right to Reject Arbitration below. b. For this section, you and Starion (“us” or “we”) include any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, cross-claims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; (3) claims by or against any third party using or providing any product, service or benefit in connection with any account; and (4) claims that arise from or relate to (a) any account created under any agreement with us or any rates charged on any such account, (b) advertisements, promotions or statements related to any rate plans, goods or services under any agreement with us, (c) benefits and services related to Customer’s account with us (including rewards programs) and (d) your application for any account. You may not sell, assign or transfer a claim. c. Sending a Claim Notice: Before beginning arbitration or a lawsuit, you and we agree to send a written notice (a Claim Notice) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally. Go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ and select your state of residence for a sample form of Claim Notice. The Claim Notice must describe the claim and state the specific relief demanded. Notice to you will be sent to your billing address. Notice to us must include your name, address and account number and be sent to Starion Energy, Attn: Compliance Dept., P.O. Box 845, Middlebury, CT 06762. If the claim proceeds to arbitration, the amount of any relief demanded in a Claim Notice will not be disclosed to the arbitrator until after the arbitrator rules.

Claims Resolution i. CONTRACTOR CONTINUATION OF WORK. Notwithstanding any claim, dispute, disagreement or other matter in controversy between the District and the Contractor relating to the Contract Documents or the Project Work, the Contractor shall continue to diligently prosecute and perform the Work, pending any final determination or decision regarding any such claim, dispute, disagreement or matter in controversy. ii. PUBLIC CONTRACT CODE §9204 CLAIMS RESOLUTION PROCEDURES. Claims of the Contractor are subject to the non-binding dispute resolution procedures set forth in Public Contract Code §9204 (“Section 9204”).

Claims Resolution. Disputes arising under this Agreement will not be decided by arbitration, unless the Prime Contract between Contractor and Owner has an arbitration provision and a particular dispute between Contractor and Subcontractor has an issue of fact or law in common with a dispute between the Owner and Contractor that is or that will be the subject of arbitration. To the extent not expressly prohibited by their Contracts with others, arbitrated claims and disputes of Owner, Contractor, Subcontractor and other subcontractors involving a common issue of fact or law shall be heard by the same arbitrator(s) in a single proceeding. In the event Contractor and Owner or others litigate or arbitrate matters relating to this Agreement, Contractor may, at its sole discretion, either direct Subcontractor to prepare and present Contractor’s case to the extent the proceedings are related to this Agreement, or use Contractor’s own legal counsel to prepare and present matters relating to this Agreement, in which event Subcontractor shall promptly reimburse Contractor for any and all attorneys’ fees, expert fees and costs incurred in connection with any proceedings that are related to this Agreement. Should the Contractor enter into arbitration with the Owner or others regarding matters relating to this Agreement, Subcontractor shall be bound by the result of the arbitration to the same degree as Contractor.

Claims Resolution. Except as otherwise set forth below, any dispute arising out of or relating to this Agreement will be finally resolved by a sole arbitrator in accordance with the Center for Public Resources (CPR) Institute for Dispute Resolution Rules for Non-Administered Arbitration then currently in effect. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The place of arbitration will be at a location specified by Honeywell. Either Party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Party, pending the arbitrator’s determination of the merits of the controversy. Any dispute involving intellectual property rights will be adjudicated before a court of competent jurisdiction and this section will not be binding on either Party with respect to the dispute in its entirety or any related dispute, including any portions of the dispute that do not concern intellectual property rights. Subcontractor agrees, at Honeywell’s sole discretion, to join and to participate in any dispute resolution process required by Honeywell’s contract with the customer and/or owner if any dispute relates to Subcontractor’s work. In the event that the Subcontractor makes a claim for additional compensation or any other relief that, in Honeywell’s sole judgment, arises out of acts or conditions for which the customer and/or owner may be responsible, Subcontractor will participate in the dispute resolution process with the customer and/or owner and agreed to be bound by the results.

Claims Resolution. Resolutions of claims will be subject to the terms and procedures set forth in the Plan, which, among other things, will (i) require that the Reorganized Company file any and all objections to claims during the ninety (90)-day period following the Effective Date (unless such period is extended by the Bankruptcy Court) and (ii) provide that any settlements of claims approved by the Bankruptcy Court prior to the Effective Date will be binding on all parties.

Claims Resolution. Any claims resolution procedure incorporated in the prime contract shall be deemed incorporated in this Agreement shall apply to any disputes arising hereunder. In the absence of a claims resolution procedure in the prime contract, the parties hereto shall not be obligated to utilize arbitration or any non-judicial method of dispute resolution. In any dispute resolution proceeding between the parties to this subcontract, the prevailing party shall be entitled to recover its attorney’s fees.

Claims Resolution. The parties hereto agree: (a) Other than matters involving the appointment of a receiver, or the exercise of other provisional remedies (any and all of which may be initiated pursuant to applicable law), each controversy, dispute or claim between or among the parties hereto arising out of or relating to this Agreement (individually and collectively, a "Claim") which is not settled in writing within thirty (30) days after the date on which a party subject to this Agreement gives written notice to all other parties that a Claim exists (the "CLAIM DATE"), will be settled by a "Reference Proceeding."

Claims Resolution. $startif($legal_entity_country=="United States")Except as otherwise set forth below, any dispute arising out of or relating to this Subcontract will be finally resolved by a sole arbitrator in accordance with the Center for Public Resources (CPR) Institute for Dispute Resolution Rules for Non-Administered Arbitration then currently in effect. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration will be at a location specified by Honeywell. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this Subcontract, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator’s determination of the merits of the controversy. Any dispute involving intellectual property rights will be adjudicated before a court of competent jurisdiction and this section will not be binding on either party with respect to the dispute in its entirety or any related dispute, including any portions of the dispute that do not concern intellectual property rights. Subcontractor agrees, at Honeywell’s sole discretion, to join and to participate in any dispute resolution process required by Honeywell’s contract with the Customer and/or Owner if any dispute relates to Subcontractor’s work. In the event that the Subcontractor makes a claim for additional compensation or any other relief that, in Honeywell’s sole judgment, arises out of acts or conditions for which the Customer and/or Owner may be responsible, Subcontractor will participate in the dispute resolution process with the Customer and/or Owner and agreed to be bound by the results. This Subcontract to arbitrate will not be deemed a limitation of rights or remedies under the laws of the United States of America, under applicable state mechanics’ lien laws, or under applicable labor or material payment bonds unless the rights are expressly waived by the Subcontractor.$endif$startif($legal_entity_country=="Canada")Except as otherwise set forth below, any dispute arising out of or relating to this Subcontract will be resolved through arbitration in accordance with the rules of the ADR Institute of Canada in effect at the ...