PARTICIPATE IN A CLASS ACTION Clause Samples

The "Participate in a Class Action" clause defines whether parties to an agreement are permitted to join together with others in a collective legal action against the other party. In practice, this clause may either allow or prohibit individuals from joining class action lawsuits, often specifying that disputes must be resolved individually through arbitration or litigation. Its core function is to manage the risk and potential scale of legal claims by controlling whether group litigation is possible, thereby protecting parties from the increased exposure and complexity that class actions can bring.
PARTICIPATE IN A CLASS ACTION. Exceptions. Despite the provisions above, either party may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim. - Arbitrator. Any arbitration between you and Climate will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at ▇▇▇.▇▇▇.▇▇▇, by calling the AAA at ▇-▇▇▇-▇▇▇-▇▇▇▇, or by contacting Climate.
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PARTICIPATE IN A CLASS ACTION. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against any Metal entity on an individual basis in arbitration, as set forth in this Agreement to Arbitrate. This will preclude you from bringing any class, collective, or representative action against any Metal X entity, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against any Metal X entity by someone else. You and each of the Metal X Parties agree that any claim or dispute at law or equity arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Service at any time, whether before or after the date you agreed to these Terms will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it: • Affects your rights and will impact how claims you and we have against each other are resolved. • Includes a Prohibition of Class and Representative Actions and Non- Individualized Relief pursuant to which you agree to waive your right to participate in a class action, representative, collective, or consolidated lawsuit against us. Agreement to Arbitrate
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PARTICIPATE IN A CLASS ACTION. Exceptions. Despite the provisions above, either party may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim. - Arbitrator. Any arbitration between you and Monsanto will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes as updated from time to time (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at ▇▇▇.▇▇▇.▇▇▇, by calling the AAA at 1-800-778- 7879, or by contacting Monsanto. To the extent that there is no conflict or inconsistency between the AAA Rules and the provisions of The Arbitration Act of Manitoba, as amended (the “Act”), the provisions of the Act will apply to such arbitration, provided always that in the event of any such conflict or inconsistency, the provisions of the AAA Rules will govern.
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PARTICIPATE IN A CLASS ACTION. Despite the provisions above, either you or Climate may: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
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PARTICIPATE IN A CLASS ACTION. For any and all disputes or claims you have, you must first give CVS an opportunity to resolve your claim by sending a written description of your claim to CVS’s registered agent at this address: CVS Pharmacy, Inc. c/o CT Corporation System ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ You and CVS each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time. If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or CVS may start an arbitration or small claims court proceeding. The Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available by calling ▇-▇▇▇-▇▇▇-▇▇▇▇ or at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/sites/default/files/Consumer_Rules_Web_1.pdf), as amended by these terms. If AAA fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator, but will not decide arbitrability or any other aspect of the parties’ dispute (except if either party files a small claims court matter). We will pay or reimburse arbitration filing, administration, and arbitrator fees. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis. If a court or arbitrator finds in any action between you and CVS that any part of this arbitration agreement and class action waiver is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that you or CVS may assert in that or any other action. If any other provision of this Dispute Resolution provision is found unenforceable, the other parts of it shall continue to apply. You reserve your ability to bring claims in small claims court to the extent of that court’s jurisdiction.
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PARTICIPATE IN A CLASS ACTION. By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against any Metal entity on an individual basis in arbitration, as set forth in this Agreement to Arbitrate. This will preclude you from bringing any class, collective, or representative action against any Metal X entity, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against any Metal X entity by someone else. You and each of the Metal X Parties agree that any claim or dispute at law or equity arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Service at any time, whether before or after the date you agreed to these Terms will be resolved in accordance with the Agreement to Arbitrate provisions set forth below. Please read this information carefully. Among other things it: • Affects your rights and will impact how claims you and we have against each other are resolved. • Includes a Prohibition of Class and Representative Actions and Non- Individualized Relief pursuant to which you agree to waive your right to participate in a class action, representative, collective, or consolidated lawsuit against us. Agreement to Arbitrate your access to or use of the Services at any time, whether before or after the date you agreed to these Terms, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted.
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PARTICIPATE IN A CLASS ACTION. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act shall govern this agreement to arbitrate. The neutral arbitrator has the authority to award whatever relief would be available in court under law or in equity.
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Related to PARTICIPATE IN A CLASS ACTION

  • CLASS ACTIONS The Custodian shall use its best efforts to identify and file claims for the Fund(s) involving any class action litigation that impacts any security the Fund(s) may have held during the class period. The Trust agrees that the Custodian may file such claims on its behalf and understands that it may be waiving and/or releasing certain rights to make claims or otherwise pursue class action defendants who settle their claims. Further, the Trust acknowledges that there is no guarantee these claims will result in any payment or partial payment of potential class action proceeds and that the timing of such payment, if any, is uncertain. However, the Trust may instruct the Custodian to distribute class action notices and other relevant documentation to the Fund(s) or its designee and, if it so elects, will relieve the Custodian from any and all liability and responsibility for filing class action claims on behalf of the Fund(s). In the event the Fund(s) are closed, the Custodian shall only file the class action claims upon written instructions by an authorized representative of the closed Fund(s). Any expenses associated with such filing will be assessed against the proceeds received of any class action settlement.

  • No Class Actions Notwithstanding any language herein to the contrary, if you or we elect to arbitrate a Claim, neither you nor we will have the right to: (i) participate in a class action in court or in arbitration, either as a class representative, class member or class opponent; (ii) act as a private attorney general in court or in arbitration; or (iii) join or consolidate your Claims with claims of any other person, and the arbitrator shall have no authority to conduct any such class, private attorney general or multiple-party proceeding.

  • Proxies; Class Actions (a) The Manager has provided the Subadvisor a copy of the Manager’s Proxy Voting Policy, setting forth the policy that proxies be voted for the exclusive benefit and in the best interests of the Trust. Absent contrary instructions received in writing from the Trust, the Subadvisor will vote all proxies solicited by or with respect to the issuers of securities held by the Series in accordance with applicable fiduciary obligations. The Subadvisor shall maintain records concerning how it has voted proxies on behalf of the Trust, and these records shall be available to the Trust upon request. (b) Manager acknowledges and agrees that the Subadvisor shall not be responsible for taking any action or rendering advice with respect to any class action claim relating to any assets held in the Allocated Assets or Series. Manager will instruct the applicable service providers not to forward to the Subadvisor any information concerning such actions. The Subadvisor will, however, forward to Manager any information it receives regarding any legal matters involving any asset held in the Allocated Assets or Series.

  • Class Action Filings The Sub-Adviser is not responsible for making any class action filings on behalf of the Trust.

  • Litigation; Decrees Except as set forth in Schedule 4.5, there are no lawsuits, arbitrations or other legal proceedings pending, or to its knowledge threatened, by or against or affecting it or any of its Affiliates or any of their respective properties that (a) are reasonably likely, based on information known to it as of the date hereof, to have a material adverse effect on the conduct of the business of Flash Forward following the Closing as contemplated by the Master Operative Documents or (b) relate to any of the transactions contemplated by the Master Operative Documents in a manner which is material to it, any of its Affiliates’ or Flash Forward’s ability to carry out the transactions contemplated hereby and in the FF Operative Documents or which could have a material adverse effect on the conduct of the business of Flash Forward following the Closing as contemplated in the Master Operative Documents.