ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF, ACCRUING, OR RELATING TO THIS INNOVATION CELEBRATION APPLICATION AND EXHIBITION PROCESS, OR ANY OTHER CONTROVERSY OR DISPUTE OF ANY NATURE WHATSOEVER BETWEEN PREMIER PURCHASING PARTNERS, L.P., PROVIDER SELECT, LLC, PREMIER, INC. AND/OR ANY OF THEIR AFFILIATED ENTITIES AND ANY SUPPLIER PARTICIPATING IN SUCH APPLICATION PROCESS ("APPLICANT") AND RELATED TO OR ARISING OUT OF THE APPLICATION PROCESS, SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE THEN EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION SHALL BE HEARD BEFORE A PANEL OF THREE NEUTRAL ARBITRATORS WHO, TO THE EXTENT NOT INCONSISTENT WITH APPLICABLE LAW, WILL HAVE NO POWER OR AUTHORITY TO AWARD TREBLE, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY'S ACTUAL DAMAGES. THE PROCEEDING WILL BE HELD IN CHARLOTTE, NORTH CAROLINA AND THE COSTS OF THE ARBITRATION, AS WELL AS REASONABLE ATTORNEYS' FEE AS DETERMINED BY THE ARBITRATOR, SHALL BE AWARDED TO THE PREVAILING PARTY. THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING AND THE PARTIES IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA FOR ENFORCEMENT OF THE ARBITRAL AWARD.
Applicant represents and warrants that the individual who accepts the terms of this Agreement on behalf of Applicant is duly authorized to enter into this Agreement and has full legal capacity to bind Applicant to the terms of this Agreement. Applicant hereby knowingly and intentionally waives any defense to enforceability of this Agreement based on the contention that the person who clicks on the "Agree" button below lacked the legal authority to bind Applicant to the terms of this Agreement. If any part of this Agreement shall be determined to be invalid, illegal or unenforceable to declared null and void by any court of competent jurisdiction, then such part shall be reformed, if possible, to conform to the law or, if reform is not possible, severed from this Agreement and, in either event, the remaining parts of this Agreement shall be fully effective and operative insofar as reasonably possible.
By hitting submit, you are agreeing to the arbitration language above, and that the information submitted in the application is correct.