Common use of Claims Resolution Clause in Contracts

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.

Appears in 3 contracts

Sources: Electricity Purchase Agreement, Electricity Supply Agreement, Electricity Supply Agreement

Claims Resolution. a. In the event ▇▇▇▇▇▇▇ is unable to resolve a complaint to your satisfactionsatisfaction 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. 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.

Appears in 2 contracts

Sources: Agreement to Purchase Electricity, Electricity Purchase Agreement

Claims Resolution. a. In the event ▇▇▇▇▇▇▇ Starion 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 ▇▇▇▇▇▇▇ with Starion 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.

Appears in 1 contract

Sources: Electricity Supply Agreement