Common use of Class and Representative Actions Clause in Contracts

Class and Representative Actions. 1. ▇▇▇▇▇▇▇▇ and MDC agree that each may bring claims against the other only in his/her/its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. 2. If it is determined that Subsection 16g.1. is unenforceable for any reason, and that a party’s claims may proceed as a class or representative action, then the parties further agree that all subsequent matters, including but not limited to, issues of class representation, class certification, class notice and a decision on the merits, shall be determined in arbitration before JAMS or ADR, as chosen by Customer, according to the chosen arbitration organization’s Rules and applicable procedures, and by an arbitration panel of three arbitrators selected in accordance with the provisions of Subsection 16e. of this Agreement.

Class and Representative Actions. 1. ▇▇▇▇▇▇▇▇ and MDC agree that each may bring claims against the other only in his/her/its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. 2. If it is determined that Subsection 16g.1. is unenforceable for any reason, and that a party’s claims may proceed as a class or representative action, then the parties further agree that all subsequent matters, including but not limited to, issues of class representation, class certification, class notice and a decision on the merits, shall be determined in arbitration before JAMS or ADR, as chosen by Customer▇▇▇▇▇▇▇▇, according to the chosen arbitration organization’s Rules and applicable procedures, and by an arbitration panel of three arbitrators selected in accordance with the provisions of Subsection 16e. of this Agreement.