Class Waiver. Any arbitration proceeding under this Section 12 will take place on an individual basis. Class arbitrations and class or representative proceedings of any kind are not permitted, and Vendor expressly waives its ability to participate in a class or representative proceeding against DDC or its Affiliates. If the arbitration clause is found inapplicable to Vendor’s dispute with DDC, this class waiver will continue to apply in litigation or any other forum. Vendor agrees that this class waiver is an essential element of the agreement between Vendor and DDC and that this class waiver may not be severed. In the event that this class waiver is deemed invalid or unenforceable, then the entire agreement to arbitrate in this Section 12 will be null and void.
Appears in 1 contract
Sources: Integration Terms
Class Waiver. Any arbitration proceeding under this Section 12 11 will take place on an individual basis. Class arbitrations and class or representative proceedings of any kind are not permitted, and Vendor expressly waives its ability to participate in a class or representative proceeding against DDC or its Affiliates. If the arbitration clause is found inapplicable to Vendor’s dispute with DDC, this class waiver will continue to apply in litigation or any other forum. Vendor agrees that this class waiver is an essential element of the agreement between Vendor and DDC and that this class waiver may not be severed. In the event that this class waiver is deemed invalid or unenforceable, then the entire agreement to arbitrate in this Section 12 11 will be null and void.
Appears in 1 contract
Sources: Integration Terms
Class Waiver. Any arbitration proceeding under this Section 12 13 will take place on an individual basis. Class arbitrations and class or representative proceedings of any kind are not permitted, and Vendor expressly waives its ability to participate in a class or representative proceeding against DDC or its Affiliates. If the arbitration clause is found inapplicable to Vendor’s dispute with DDC, this class waiver will continue to apply in litigation or any other forum. Vendor agrees that this class waiver is an essential element of the agreement between Vendor and DDC and that this class waiver may not be severed. In the event that this class waiver is deemed invalid or unenforceable, then the entire agreement to arbitrate in this Section 12 13 will be null and void.
Appears in 1 contract
Sources: Integration Terms