2019 PRCA Rule Book

B12.6.10 Class, Derivative and Other Representative Claims. No Member, or his, her or its heirs, personal representatives, successors or assigns, may assert any Claim hereunder on behalf of any other Member, or his, her or its heirs, personal representatives, successors or assigns, whether asserted as a class action, as a derivative action or in some other purported representative capacity, it being the intent of this Bylaw that no such representative actions may be asserted hereunder. In the event this preclusion of representative claims is held unenforceable by any court, arbitrator, arbitration panel or other body, however, then and in that event only, the word Claim shall be interpreted to include all claims purporting to be asserted on behalf of other Members, or their heirs, personal representatives, successors or assigns. In such circumstance, but in such circumstance only, the Arbitration Panel shall have the same authority as the District Courts of the United States to certify a class or derivative action class. Federal Rules of Civil Procedure 23 and 23.1, as appropriate, and as interpreted by the Courts of the United States, shall apply to all class or derivative class action issues. Each Member included in a class certified by any Arbitration Panel hereunder agrees to be bound by the award to the same extent that class members in a class certified by a United States District Court would be bound by a judgment in such action. B12.6.11 Governing Law. In so far as state law supplies the rule of decision in any arbitration conducted under B12.7, Colorado law, exclusive of its conflict of law rules, shall apply. B12.7 Exhaustion of Remedies. No Member may invoke the aid of the courts in the United States without first exhausting all available remedies within the PRCA, including, but not limited to, the Grievance Procedure set forth in Chapter 12 of these Bylaws, and then only in the event the mandatory arbitration provisions set forth in these Bylaws are held unenforceable. For any violation of this rule, including an unsuccessful challenge to said grievance and arbitration provisions, the offending party shall be subject to the sanctions of suspension and fines, and shall be liable to the PRCA for all expenses incurred by the PRCA and its officers in defending each court action, including, but not limited to, court costs, attorneys’ fees, reasonable compensation for time spent by PRCA officials and employees in responding to and defending against allegations in the action, including responses to discovery and court appearances, and travel expenses. B12.8 Forum Selection in Case of Litigation. If the mandatory arbitration provisions set forth herein are held unenforceable, a Member or Permit Member, after exhausting all remedies available within the PRCA, must file any suit or other action against the PRCA in an appropriate court located in El Paso County, Colorado (provided, however, that if the suit or action involves a claim for which federal courts have exclusive jurisdiction, then such suit or action must be filed in the U.S. District Court for the District of




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