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.
Appears in 6 contracts
Sources: Electricity Supply Agreement, Electricity Purchase Agreement, Agreement to Purchase Natural Gas