Arbitration of Dispute. (a) You agree that either you or we can choose to have binding arbitration to resolve any claim, dispute or controversy between you and us that arises from or relates to this agreement or your Card and account (individually and collectively, a “Claim”). This does not apply to any Claim in which the relief sought is within the jurisdictional limits of, and is filed in a small claims court, if arbitration is chosen by any party, the following will apply:
Arbitration of Dispute. In the event the District and the originator cannot agree with respect to any of their respective rights or obligations under this policy, such dispute shall be submitted to arbitration. An arbitrator shall be selected in accordance with the rules and procedures of the American Arbitration Association. The costs for the services of the arbitrator, including per diem expenses, travel expenses, subsistence expenses, and the cost of the hearing room shall be borne equally by the District and the originator.
Arbitration of Dispute. The Company and Client waive any right to trial by jury in any lawsuit or other similar proceeding. Any dispute in connection with any service performed by the Company will be resolved through binding arbitration, pursuant to the rules of the American Arbitration Association ('AAA') as a sole and exclusive manner in which such dispute may be resolved. To the extent allowed by law, the Company and Client each agree that they may only bring claims against each other in his/her or its individual capacities, and not as a plaintiff on a class-wide basis. Each party will bear its own attorney's fees in connection with any dispute in connection with Client's business relationship with the Company. Client agrees that any and all claims, demands, or controversies of any kind or nature that Client has concerning any of the negotiations leading to the purchase of the services, terms, and/or provisions of the sale, engagement agreement, supplemental engagement agreements, supplemental bills, arrangements of payment, purchase of service contract, performance of the engagement agreement or services, or any other dispute arising from any agreement with the Company shall be settled by binding arbitration conducted pursuant to the provisions of Title 9 of the United States Code Chapter 1, et seq. Either party may demand arbitration conducted pursuant to the provisions along with a written statement of the matter in controversy. Within thirty (30) days of receipt of a demand for arbitration, the receiving party shall contact the party initiating arbitration in an attempt to settle the dispute. If attempts to resolve the dispute fail, then the dispute shall be resolved by a neutral binding arbitration body that has knowledge of California Law. If the Company is initiating arbitration, then the Company shall notify Client of its choice of arbitrator when the demand for arbitration is sent. If the Client is initiating arbitration, then the Company will notify Client of its choice of arbitrator within thirty days of receipt of the Client's demand for arbitration. If the Company and Client do not agree on the arbitrator, then the arbitrator shall be selected by Client's choice of arbitrator, together with the Company's choice of arbitrator. If the receiving party fails to contact the initiating party within the time specified above, and/or fails to notify the other party of its choice of arbitrator within the time specified, such party is deemed to agree with the other party's c...
Arbitration of Dispute. Any controversy arising among Unit Owners or between a Unit Owner and the Board concerning the rights and obligations of any party under the terms of this Declaration shall be determined by binding arbitration by and under the commercial rules of the American Arbitration Association ("Commercial Rules"). Arbitration hearings shall be held in the City and County of San Francisco. Any such controversy shall be arbitrated by a single arbitrator, who shall be an impartial real estate professional or lawyer having not less than ten years experience developing, managing or representing owners of commercial office properties in the San Francisco area. The arbitrator shall be appointed under the Commercial Rules and shall determine the controversy in accordance with applicable law, the intention of the parties as expressed in the Declaration and any amendments thereto and the evidence produced at the arbitration hearing. Pre-arbitration discovery shall be permitted in accordance with the Commercial Rules or California law applicable to arbitration proceedings. The arbitrator's determination shall be rendered within thirty days after the conclusion of the hearing and may include an award of attorneys' fees and costs to the prevailing party. By accepting title to a Unit, each Unit Owner agrees to be bound by the provisions of this Section 12.13. [Signatures continued on next page.] WHEREFORE, this Declaration has been executed in San Francisco, California as of the date first written above. BAY AREA HEADQUARTERS AUTHORITY By: Executive Director By: Treasurer-Auditor Approved as to form: General Counsel W02-WEST:FJS\404501195.6 -49- APPENDIX 2 [FORM OF PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS] Appendix 2 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is made and entered into as of the day of , 2013 by and between BAY AREA HEADQUARTERS AUTHORITY, a joint powers authority established pursuant to the California Joint Exercise of Powers Act ("BAHA"), and ASSOCIATION OF BAY AREA GOVERNMENTS, a joint powers authority established pursuant to the California Joint Exercise of Powers Act ("ABAG"). IN CONSIDERATION of the respective agreements hereinafter set forth, BAHA and ABAG hereby agree as follows:
Arbitration of Dispute. Except for small claims actions in which you or the Bank has asserted an individual action in small claims court located in the applicable county of residence, or any Dispute in which you or the Bank seek injunctive or other equitable relief for alleged breaches of confidentiality obligations or for alleged infringement or misappropriation of intellectual property, you and the Bank waive any and all right to a jury trial or to have any Dispute resolved in court. Instead, for any Dispute that you have against the Bank, you agree to first contact the Bank and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to the Bank using the contact information provided in Section 10 below and to xxxxx@xxxxxxxxxx.xxx. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Any notice by the Bank to you will be similar in form to that described above. If you and the Bank cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration as provided herein or, under the limited circumstances set forth above, in court. Arbitration of Disputes will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“AAA Rules”) before one arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Arbitration proceedings will be held in your county of residence. The most recent version of the AAA Rules is available on the AAA website (xxxxx://xxx.xxx/) and is hereby incorporated by reference. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason. This Agreement affects interstate commerce, and the enforceability of this Section 9 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. If the FAA, this Agreement, and the AAA Rules are found to not apply to any issue that arises under this Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of West Virginia. As limited by the FAA, this A...
Arbitration of Dispute. 77 17.3 Litigation. ...................................................................................................... 79 17.4 Continuing Obligations and Rights. .............................................................. 79 17.5 Tolling Statute of Limitations. ...................................................................... 79 17.6 Costs. .............................................................. Error! Bookmark not defined. 17.7 Sole and Exclusive Procedures. ..................................................................... 79 17.8
Arbitration of Dispute. (a) If a Dispute has not been resolved through negotiation within a reasonable period of time after the date of the notice of Dispute received pursuant to Section 17.1 (and no later than [*****] from notice of the Dispute unless such longer time is agreed to by the Parties), and Company invokes the provisions of this Section 17.2, the Dispute shall be finally resolved by binding arbitration. Any Dispute involving [*****] or less shall be before a single, neutral arbitrator; any Dispute in involving in excess of [*****] shall be before a panel of three neutral arbitrators. Except to the extent inconsistent with this Section 17.2, the arbitration shall be conducted in accordance with the JAMS Construction Arbitration Rules & Procedures in effect as of the Effective Date (“JAMS Rules”). Company may exercise its right to arbitrate a Dispute in accordance with this Section 17.2 at any time, and any such dispute shall be thereafter exclusively treated as subject to the arbitration proceeding. The arbitrator(s), not the courts, shall decide whether a Dispute is arbitrable. Notwithstanding anything in the JAMS Rules to the contrary, the arbitrator(s) shall apply the law specified in Section 18.7. (b) The Parties will cooperate with one another in promptly selecting the arbitrator(s) and shall further cooperate in scheduling the arbitration to commence not later than [*****] from the date of Company’s initial written demand for arbitration. If, notwithstanding their good faith efforts, the Parties are unable to agree on a mutually acceptable arbitrator or arbitrators, the arbitrator(s) shall be appointed as provided for in the JAMS Rules. The arbitrator(s) shall be either a retired state or federal judge with experience with construction disputes or attorneys with at least twelve (12) years of experience as a construction lawyer. (c) The arbitration proceeding shall be conducted in the County of Los Angeles, California, United States of America, or such other location upon which the Parties to the arbitration proceeding may agree, in the English language; and all testimony or documentary evidence shall be submitted in English. If witness testimony or documents of a Party or is subcontractors or suppliers is not in English, such Party shall be responsible for the translation costs associated with such documents of testimony. (d) To facilitate the comprehensive resolution of related Disputes, and upon request by either Party, the arbitrator(s) may, at any time before...
Arbitration of Dispute. ANY DISPUTE BETWEEN LANDLORD AND DEVELOPER CONCERNING THE CONVERSION OF A SUBLEASE TO AN EQUIVALENT FULL SERVICE GROSS LEASE, OR THE EXCLUSION OF EXCESS TENANT IMPROVEMENT AMORTIZATIONS OR OTHER SIMILAR CONCESSIONS OR CONSIDERATIONS, AS DESCRIBED IN SUBSECTION 3.2.4.4a ABOVE, SHALL BE DECIDED BY NEUTRAL BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, RATHER THAN BY COURT ACTION. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE FILING OF A JUDICIAL ACTION TO ENABLE THE RECORDING OF A NOTICE OF PENDING ACTION, FOR ORDER OF ATTACHMENT, RECEIVERSHIP, INJUNCTION, OR ACTION, FOR ORDER OF ATTACHMENT, RECEIVERSHIP, INJUNCTION, OR OTHER PROVISIONAL REMEDIES SHALL NOT CONSTITUTE A WAIVER OF THE OTHER PROVISIONAL REMEDIES AND SHALL NOT CONSTITUTE A WAIVER OF THE RIGHT TO ARBITRATE UNDER THIS PROVISION. ANY ELECTION BY A PARTY TO ARBITRATE ANY DISPUTE OR CLAIM THAT MAY BE ARBITRATED PURSUANT TO THIS AGREEMENT SHALL BE MADE BY SENDING WRITTEN NOTICE TO THE OTHER PARTY PRIOR TO THE EARLIER OF: (I) THE TIME WHEN AN ACTION WITH RESPECT THERETO WOULD BE BARRED BY CALIFORNIA LAW; OR (II) IF AN ACTION HAS BEEN BROUGHT WITH RESPECT THERETO, SIX MONTHS AFTER SERVICE OF SUCH ACTION UPON THE PARTY ELECTING TO ARBITRATE (OR, IF THE PARTY DESIRING TO ELECT TO ARBITRATE FILED THE ACTION, SIX MONTHS AFTER THE FILING OF THE ACTION). WITHIN FIVE (5) BUSINESS DAYS AFTER RECEIPT OF WRITTEN NOTICE FROM A PARTY SUBMITTING ANY DISPUTE TO ARBITRATION PURSUANT TO THIS SUBSECTION, LANDLORD AND DEVELOPER SHALL APPOINT A DISINTERESTED PERSON AS ARBITRATOR (THE “ARBITRATOR”) AS FOLLOWS: THE PARTIES SHALL REQUEST THE LOS ANGELES SUPERIOR COURT TO CHOOSE AN ARBITRATOR PURSUANT TO SECTION 1281.6 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. THE ARBITRATOR SHALL ESTABLISH A TIME AND PLACE IN THE COUNTY OF LOS ANGELES FOR HEARING THE MATTER TO BE ARBITRATED, SUCH HEARING TO BE NOT LATER THAN THIRTY (30) DAYS AFTER THE APPOINTMENT OF THE ARBITRATOR. THE HEARING PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR SHALL DETERMINE THE CONTROVERSY AND EXECUTE AND ACKNOWLEDGE HIS OR HER AWARD WITHIN THIRTY (30) DAYS AFTER HEARING THE MATTER. THE ARBITRATOR SHALL BE ONLY AUTHORIZED TO (X) DETERMINE THOSE EXPENSE ITEMS AND THE AMOUNT THEREOF WHICH SHOULD BE ADDED TO THE BASE MONTHLY RENT PAYABLE UNDER A SUBLEASE, OTHER ...
Arbitration of Dispute. If any such dispute cannot be ----------- -- ------- resolved by the Stockholder Representative and Post-Merger Xxxxxxxx on or prior to such thirtieth (30th) day, then such dispute will be referred to Ernst & Young, and such firm's determination of the aggregate Xxxxxxxx Common Base Merger Consideration will be final and binding upon the Parties and the Old Xxxxxxxx Common Stockholders on the date such firm's report of its determination of the aggregate Xxxxxxxx Common Base Merger Consideration has been delivered to Post-Merger Xxxxxxxx and the Stockholder Representative.
Arbitration of Dispute. If any such dispute cannot be ----------- -- ------- resolved by Xxxxxxxx and Xxxxxxxx on or prior to such fifth (5th) Business Day, then such dispute will be referred to Ernst & Young, and such firm's determination of the Gross Revenues or the Trailing Cash Flow, as the case may be, for the period in question will be final and binding upon the parties to this Agreement and the Old Xxxxxxxx Stockholders on the date such firm's report of its determination of the Gross Revenues or the Trailing Cash Flow, as the case may be, for such period has been delivered to Xxxxxxxx and Xxxxxxxx.
