Common use of Demand for Arbitration Clause in Contracts

Demand for Arbitration. (a) Any Dispute that has not been resolved after the delivery of the related Escalation Notice shall, except as otherwise specifically provided in any Ancillary Agreement, be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), except as modified by the provisions of this Article V. To initiate such an arbitration, a party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, deliver a notice demanding arbitration of such Dispute (an “Arbitration Demand Notice”). In the event that any party shall deliver an Arbitration Demand Notice to another party, such other party may itself deliver an Arbitration Demand Notice to such first party with respect to any related Dispute with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Notice. No party may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2, is a prerequisite to a demand for arbitration under this Section 5.3. In the event that any party delivers an Arbitration Demand Notice with respect to any Dispute that is the subject of any then pending arbitration proceeding or of a previously delivered Arbitration Demand Notice, all such Disputes shall be resolved in the arbitration proceeding for which an Arbitration Demand Notice was first delivered unless the arbitrators in their sole discretion determine that it is impracticable or otherwise inadvisable to do so.

Demand for Arbitration. (a) Any Dispute that has not been resolved after the delivery of the related Escalation Notice, and as to which an Arbitration Notice shall, except as otherwise specifically is provided in any Ancillary Agreementaccordance with the immediately following sentence, shall be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), except as modified by the provisions of this Article V. To initiate such At any time after 30 days from the delivery of an arbitrationEscalation Notice, a any party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, may deliver a notice demanding arbitration of such Dispute (an “Arbitration Demand Notice”). In the event that any party shall deliver an Arbitration Demand Notice to another party, such other party may itself deliver an Arbitration Demand Notice to such first party with respect to any related Dispute with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Notice. No party may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2, is a prerequisite to a demand for arbitration under this Section 5.3. In the event that any party delivers an Arbitration Demand Notice with respect to any Dispute that is the subject of any then pending arbitration proceeding or of a previously delivered Arbitration Demand Notice, all such Disputes shall be resolved in the arbitration proceeding for which an Arbitration Demand Notice was first delivered unless the arbitrators in their sole discretion determine that it is impracticable or otherwise inadvisable to do so.

Demand for Arbitration. (a) Any Dispute that has not been resolved within 45 days after the delivery of the related an Escalation Notice shall, except as otherwise specifically provided in any Ancillary Agreement, shall be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), except as modified by the provisions of this Article V. To initiate such At any time 45 days after the delivery of an arbitrationEscalation Notice, a any party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, may deliver a notice demanding arbitration of such Dispute (an “Arbitration Demand Notice”). In the event that any party shall deliver an Arbitration Demand Notice to another the other party, such other party may itself deliver an Arbitration Demand Notice to such first party with respect to any related Dispute with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Noticeparty. No party may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2, is a prerequisite to precludes a demand for arbitration under this Section 5.3. In the event that any party delivers an Arbitration Demand Notice with respect to any Dispute that is the subject of any then pending arbitration proceeding or of a previously delivered Arbitration Demand Notice, all such Disputes shall be resolved in the arbitration proceeding for which an Arbitration Demand Notice was first delivered unless the arbitrators in their sole discretion determine that it is impracticable or otherwise inadvisable to do so.

Demand for Arbitration. (a) Any Dispute that has not been resolved within 20 days after the delivery of the related an Escalation Notice shall, except as otherwise specifically provided in any Ancillary Agreement, shall be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”). At any time 20 days after the delivery of an Escalation Notice, except as modified by the provisions of this Article V. To initiate such an arbitration, a any party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, may deliver a notice demanding arbitration of such Dispute (an “Arbitration Demand Notice”). In the event that any party shall deliver an Arbitration Demand Notice to another party, such other party may itself deliver an Arbitration Demand Notice to such first party with respect to any related Dispute with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Notice. No party may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2, is a prerequisite to a demand for arbitration under this Section 5.3. In the event that any party delivers an Arbitration Demand Notice with respect to any Dispute that is the subject of any then pending arbitration proceeding or of a previously delivered Arbitration Demand Notice, all such Disputes shall be resolved in the arbitration proceeding for which an Arbitration Demand Notice was first delivered unless the arbitrators in their sole discretion determine that it is impracticable or otherwise inadvisable to do so.

Demand for Arbitration. (a) Any Dispute that has not been resolved At any time after the first to occur of (i) the date of the meeting actually held pursuant to the applicable Escalation Notice or (ii) 45 days after the delivery of the related an Escalation Notice shallNotice, except as otherwise specifically provided in any Ancillary Agreement, be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), except as modified by the provisions of this Article V. To initiate such an arbitration, a party involved in the related Dispute dispute, controversy or claim (regardless of whether such party delivered the Escalation Notice) shallmay, except as otherwise specifically provided in any Ancillary Agreementunless the Applicable Deadline has occurred, at any time after 30 days from make a written demand (the delivery of an Escalation Notice, deliver a notice demanding arbitration of such Dispute (an “"Arbitration Demand Notice”)") that the dispute be resolved by binding arbitration, which Arbitration Demand Notice shall be given to the parties to the dispute, controversy or claim in the manner set forth in Section 14.5. In the event that any party shall deliver an Arbitration Demand Notice to another party, such other party may itself deliver an Arbitration Demand Notice to such first party with respect to any related Dispute dispute, controversy or claim with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Notice. No party may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2Article XI, is a prerequisite to a demand for arbitration under this Section 5.311.3. In the event that any party delivers an Arbitration Demand Notice with respect to any Dispute dispute, controversy or claim that is the subject of any then pending arbitration proceeding or of a previously delivered Arbitration Demand Notice, all such Disputes disputes, controversies and claims shall be resolved in the arbitration proceeding for which an Arbitration Demand Notice was first delivered unless the arbitrators arbitrator in their his or her sole discretion determine determines that it is impracticable or otherwise inadvisable to do so.

Demand for Arbitration. (a) Any Dispute that has not been resolved after the delivery of the related Escalation in accordance with Section 5.1 and Section 5.2, and as to which an Arbitration Notice shall, except as otherwise specifically is provided in any Ancillary Agreementaccordance with the immediately following sentence, shall be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), except as modified by the provisions of this Article V. To initiate such At any time after 30 days from the delivery of an arbitrationEscalation Notice, a any party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, may deliver a notice demanding arbitration of such Dispute (an “Arbitration Demand Notice”). In the event that any party involved in a Dispute shall deliver an Arbitration Demand Notice to another party, such other party may itself deliver an Arbitration Demand Notice to such first party with respect to any related Dispute with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Notice. No party involved in a Dispute may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2, is a prerequisite to a demand for arbitration under this Section 5.3. In the event that any party delivers an Arbitration Demand Notice with respect to any Dispute that is the subject of any then pending arbitration proceeding or of a previously delivered Arbitration Demand Notice, all such Disputes shall be resolved in the arbitration proceeding for which an Arbitration Demand Notice was first delivered unless the arbitrators in their sole discretion determine that it is impracticable or otherwise inadvisable to do so.

Demand for Arbitration. (a) Any Dispute that has not been resolved At any time after the first to occur of (i) the date of the meeting actually held pursuant to the applicable Escalation Notice or (ii) 45 days after the delivery of the related an Escalation Notice shall(as applicable, except as otherwise specifically provided in any Ancillary Agreement, be resolved by final and binding arbitration pursuant to the then current Commercial "Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”Demand Date"), except as modified by the provisions of this Article V. To initiate such an arbitration, a any party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, may deliver a notice demanding arbitration of such Dispute (an “the "Arbitration Demand Notice”"). In the event that If any party shall deliver delivers an Arbitration Demand Notice to another the other party, such the other party may itself deliver an Arbitration Demand Notice to such the first party with respect to any related Dispute with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Notice. No party may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations negotiations, or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.28.2, is a prerequisite to a demand for arbitration under this Section 5.38.3. In the event that If any party delivers an Arbitration Demand Notice with respect to any Dispute that is the subject of any then pending arbitration proceeding or of a previously delivered Arbitration Demand Notice, all such Disputes disputes, controversies and claims shall be resolved in the arbitration proceeding for which an Arbitration Demand Notice was first delivered unless the arbitrators arbitrator in their his or her sole discretion determine determines that it is impracticable or otherwise inadvisable to do so.

Demand for Arbitration. (a) Any Dispute that has not been resolved after the delivery of the related Escalation in accordance with Section 5.1 and Section 5.2, and as to which an Arbitration Notice shall, except as otherwise specifically is provided in any Ancillary Agreementaccordance with the immediately following sentence, shall be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), except as modified by the provisions of this Article V. To initiate such At any time after 30 days from the delivery of an arbitrationEscalation Notice, a any party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, may deliver a notice demanding arbitration of such Dispute (an “Arbitration Demand Notice”). In the event that any party shall deliver an Arbitration Demand Notice to another party, such other party may itself deliver an Arbitration Demand Notice to such first party with respect to any related Dispute with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Notice. No party may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2, is a prerequisite to a demand for arbitration under this Section 5.3. In the event that any party delivers an Arbitration Demand Notice with respect to any Dispute that is the subject of any then pending arbitration proceeding or of a previously delivered Arbitration Demand Notice, all such Disputes shall be resolved in the arbitration proceeding for which an Arbitration Demand Notice was first delivered unless the arbitrators in their sole discretion determine that it is impracticable or otherwise inadvisable to do so.

Demand for Arbitration. At any time before the Applicable Deadline (aas defined below), any party involved in the dispute, controversy or claim may make a written demand (the "Arbitration Demand Notice") Any Dispute that has not been the dispute be resolved after by binding arbitration, which Arbitration Demand Notice shall be given to the delivery of parties to the related Escalation Notice shalldispute, except controversy or claim in the manner set forth in Section 12.5. Except as otherwise specifically may be expressly provided in any Ancillary Agreement, be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), except as modified by the provisions of this Article V. To initiate such an arbitration, a party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, deliver a notice demanding arbitration of such Dispute (an “Arbitration Demand Notice”). In the event that any party shall deliver an Arbitration Demand Notice must be asserted within one year after the later of the occurrence of the act or event giving rise to another partythe underlying claim or the date on which such act or event was, such other or should have been, in the exercise of reasonable due diligence, discovered by the party asserting the claim (as applicable and as it may itself deliver an Arbitration Demand Notice in a particular case be specifically extended by the parties in writing, the "Applicable Deadline"). Any discussions, 67 negotiations or mediations between the parties pursuant to such first party with respect to any related Dispute with respect to which this Agreement or otherwise will not toll the Applicable Deadline has not passed without unless expressly agreed in writing by the requirement parties. Each of delivering an Escalation Notice. No party may assert the parties agrees on behalf of itself and each member of its Group that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2, is a prerequisite to a demand for arbitration under this Section 5.3. In the event that any party delivers if an Arbitration Demand Notice with respect to any Dispute that a dispute, controversy or claim is not given prior to the subject expiration of any then pending arbitration proceeding the Applicable Deadline, as between or among the parties and the members of a previously delivered Arbitration Demand Noticetheir Groups, all such Disputes shall dispute, controversy or claim will be resolved in the arbitration proceeding for which barred. Subject to Sections 11.11(c) and 11.12, upon delivery of an Arbitration Demand Notice was first delivered unless prior to the arbitrators Applicable Deadline, the dispute, controversy or claim shall be decided by an Arbitration Panel in their sole discretion determine that it is impracticable or otherwise inadvisable to do soaccordance with the rules set forth in this Article XI.

Demand for Arbitration. At any time before the Applicable Deadline, any party involved in the dispute, controversy or claim may make a written demand (athe “Arbitration Demand Notice”) Any Dispute that has not been the dispute be resolved after by binding arbitration, which Arbitration Demand Notice shall be given to the delivery parties to the dispute, controversy or claim in the manner set forth in Section 11.08. Such Arbitration Demand Notice shall describe in reasonable detail the facts surrounding such dispute, controversy or claim and the basis of the related Escalation Notice shall, except such party’s claim for relief pursuant to this Article. Except as otherwise specifically may be expressly provided in any Ancillary Agreement, be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), except as modified by the provisions of this Article V. To initiate such an arbitration, a party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, deliver a notice demanding arbitration of such Dispute (an “Arbitration Demand Notice”). In the event that any party shall deliver an Arbitration Demand Notice must be asserted within one year after the later of the occurrence of the act or event giving rise to another partythe underlying claim or the date on which such act or event was, such other or should have been, in the exercise of reasonable due diligence, discovered by the party asserting the claim (as applicable and as it may itself deliver an Arbitration Demand Notice to such first party in a particular case be specifically extended by the parties in writing, the “Applicable Deadline”; provided that in no event will the Applicable Deadline occur with respect to any related Dispute with respect matter before the first anniversary of the Distribution). Any discussions, negotiations or mediations between the parties pursuant to which this Agreement or otherwise will not toll the Applicable Deadline has not passed without unless expressly agreed in writing by the requirement parties. Each of delivering an Escalation Notice. No party may assert the parties agrees on behalf of itself and each member of its Group that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2, is a prerequisite to a demand for arbitration under this Section 5.3. In the event that any party delivers if an Arbitration Demand Notice with respect to any Dispute that a dispute, controversy or claim is not given prior to the subject expiration of any then pending arbitration proceeding the Applicable Deadline, as between or among the parties and the members of a previously delivered Arbitration Demand Noticetheir Groups, all such Disputes shall dispute, controversy or claim will be resolved in the arbitration proceeding for which barred. Subject to Sections 10.11(c) and 10.12, upon delivery of an Arbitration Demand Notice was first delivered unless prior to the arbitrators Applicable Deadline, the dispute, controversy or claim shall be decided by an Arbitration Panel in their sole discretion determine that it is impracticable or otherwise inadvisable to do soaccordance with the rules set forth in this Article 10.

Demand for Arbitration. At any time before the Applicable Deadline, any party involved in the dispute, controversy or claim may make a written demand (athe "Arbitration Demand Notice") Any Dispute that has not been the dispute be resolved after by binding arbitration, which Arbitration Demand Notice shall be given to the delivery parties to the dispute, controversy or claim in the manner set forth in Section 11.08. Such Arbitration Demand Notice shall describe in reasonable detail the facts surrounding such dispute, controversy or claim and the basis of the related Escalation Notice shall, except such party's claim for relief pursuant to this Article. Except as otherwise specifically may be expressly provided in any Ancillary Agreement, be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), except as modified by the provisions of this Article V. To initiate such an arbitration, a party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, deliver a notice demanding arbitration of such Dispute (an “Arbitration Demand Notice”). In the event that any party shall deliver an Arbitration Demand Notice must be asserted within one year after the later of the occurrence of the act or event giving rise to another partythe underlying claim or the date on which such act or event was, such other or should have been, in the exercise of reasonable due diligence, discovered by the party asserting the claim (as applicable and as it may itself deliver an Arbitration Demand Notice to such first party in a particular case be specifically extended by the parties in writing, the "Applicable Deadline"; provided that in no event will the Applicable Deadline occur with respect to any related Dispute with respect matter before the first anniversary of the Distribution). Any discussions, negotiations or mediations between the parties pursuant to which this Agreement or otherwise will not toll the Applicable Deadline has not passed without unless expressly agreed in writing by the requirement parties. Each of delivering an Escalation Notice. No party may assert the parties agrees on behalf of itself and each member of its Group that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2, is a prerequisite to a demand for arbitration under this Section 5.3. In the event that any party delivers if an Arbitration Demand Notice with respect to any Dispute that a dispute, controversy or claim is not given prior to the subject expiration of any then pending arbitration proceeding the Applicable Deadline, as between or among the parties and the members of a previously delivered Arbitration Demand Noticetheir Groups, all such Disputes shall dispute, controversy or claim will be resolved in the arbitration proceeding for which barred. Subject to Sections 10.11(c) and 10.12, upon delivery of an Arbitration Demand Notice was first delivered unless prior to the arbitrators Applicable Deadline, the dispute, controversy or claim shall be decided by an Arbitration Panel in their sole discretion determine that it is impracticable or otherwise inadvisable to do soaccordance with the rules set forth in this Article 10.

Demand for Arbitration. (a) Any Dispute that has not been resolved At any time after the first to occur of (i) the date of the meeting actually held pursuant to the applicable Escalation Notice or (ii) 45 days after the delivery of the related an Escalation Notice shall(as applicable, except as otherwise specifically provided in any Ancillary Agreement, be resolved by final and binding arbitration pursuant to the then current Commercial "Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”Demand Date"), except as modified by the provisions of this Article V. To initiate such an arbitration, a any party involved in the related Dispute dispute, controversy or claim (regardless of whether such party delivered the Escalation Notice) shallmay, except as otherwise specifically provided in any Ancillary Agreementunless the Applicable Deadline has occurred, at any time after 30 days from make a written demand (the delivery of an Escalation Notice, deliver a notice demanding arbitration of such Dispute (an “"Arbitration Demand Notice”)") that the dispute be resolved by binding arbitration, which Arbitration Demand Notice shall be given to the parties to the dispute, controversy or claim in the manner set forth in Section 12.5. In the event that any party shall deliver an Arbitration Demand Notice to another party, such other party may itself deliver an Arbitration Demand Notice to such first party with respect to any related Dispute dispute, controversy or claim with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Notice. No party may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.29.2, is a prerequisite to a demand for arbitration under Section 9.3. (b) Except as may be expressly provided in any Ancillary Agreement, any Arbitration Demand Notice may be given until one year and 45 days after the later of the occurrence of the act or event giving rise to the underlying claim or the date on which such act or event was, or should have been, in the exercise of reasonable due diligence, discovered by the party asserting the claim (as applicable and as it may in a particular case be 68 specifically extended by the parties in writing, the "Applicable Deadline"). Any discussions, negotiations or mediations between the parties pursuant to this Section 5.3Agreement or otherwise will not toll the Applicable Deadline unless expressly agreed in writing by the parties. In Each of the event parties agrees on behalf of itself and each member of its Group that any party delivers if an Arbitration Demand Notice with respect to any Dispute that a dispute, controversy or claim is not given prior to the subject expiration of any then pending arbitration proceeding the Applicable Deadline, as between or among the parties and the members of a previously delivered Arbitration Demand Noticetheir Groups, all such Disputes shall dispute, controversy or claim will be resolved in the arbitration proceeding for which barred. Subject to Sections 9.7(d) and 9.8, upon delivery of an Arbitration Demand Notice was first delivered unless pursuant to Section 9.3(a) prior to the arbitrators Applicable Deadline, the dispute, controversy or claim shall be decided by a sole arbitrator in their sole discretion determine that it is impracticable or otherwise inadvisable to do soaccordance with the rules set forth in this Article IX. 9.4.

Demand for Arbitration. (a) Any Dispute that has not been resolved At any time after the first to occur of (i) the date of the meeting actually held pursuant to the applicable Escalation Notice or (ii) 45 days after the delivery of the related an Escalation Notice shall(as applicable, except as otherwise specifically provided in any Ancillary Agreement, be resolved by final and binding arbitration pursuant to the then current Commercial "Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”Demand Date"), except as modified by the provisions of this Article V. To initiate such an arbitration, a any party involved in the related Dispute dispute, controversy or claim (regardless of whether such party delivered the Escalation Notice) shallmay, except as otherwise specifically provided in any Ancillary Agreementunless the Applicable Deadline has occurred, at any time after 30 days from make a written demand (the delivery of an Escalation Notice, deliver a notice demanding arbitration of such Dispute (an “"Arbitration Demand Notice”)") that the dispute be resolved by binding arbitration, which Arbitration Demand Notice shall be given to the parties to the dispute, controversy or claim in the manner set forth in Section 12.5. In the event that any party shall deliver an Arbitration Demand Notice to another party, such other party may itself deliver an Arbitration Demand Notice to such first party with respect to any related Dispute dispute, controversy or claim with respect to which the Applicable Deadline has not passed without the requirement of delivering an Escalation Notice. No party may assert that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.29.2, is a prerequisite to a demand for arbitration under this Section 5.39.3. In the event that any party delivers an Arbitration Demand Notice with respect to any Dispute dispute, controversy or claim that is the subject of any then pending arbitration proceeding or of a previously delivered Arbitration Demand Notice, all such Disputes disputes, controversies and claims shall be resolved in the arbitration proceeding for which an Arbitration Demand Notice was first delivered unless the arbitrators arbitrator in their his or her sole discretion determine determines that it is impracticable or otherwise inadvisable to do so.

Demand for Arbitration. At any time before the Applicable Deadline, any party involved in the dispute, controversy or claim may make a written demand (athe "ARBITRATION DEMAND NOTICE") Any Dispute that has not been the dispute be resolved after by binding arbitration, which Arbitration Demand Notice shall be given to the delivery parties to the dispute, controversy or claim in the manner set forth in Section 11.08. Such Arbitration Demand Notice shall describe in reasonable detail the facts surrounding such dispute, controversy or claim and the basis of the related Escalation Notice shall, except such party's claim for relief pursuant to this Article. Except as otherwise specifically may be expressly provided in any Ancillary Agreement, be resolved by final and binding arbitration pursuant to the then current Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), except as modified by the provisions of this Article V. To initiate such an arbitration, a party involved in the related Dispute (regardless of whether such party delivered the Escalation Notice) shall, except as otherwise specifically provided in any Ancillary Agreement, at any time after 30 days from the delivery of an Escalation Notice, deliver a notice demanding arbitration of such Dispute (an “Arbitration Demand Notice”). In the event that any party shall deliver an Arbitration Demand Notice must be asserted within one year after the later of the occurrence of the act or event giving rise to another partythe underlying claim or the date on which such act or event was, such other or should have been, in the exercise of reasonable due diligence, discovered by the party asserting the claim (as applicable and as it may itself deliver an Arbitration Demand Notice to such first party in a particular case be specifically extended by the parties in writing, the "APPLICABLE DEADLINE"; PROVIDED that in no event will the Applicable Deadline occur with respect to any related Dispute with respect matter before the first anniversary of the Distribution). Any discussions, negotiations or mediations between the parties pursuant to which this Agreement or otherwise will not toll the Applicable Deadline has not passed without unless expressly agreed in writing by the requirement parties. Each of delivering an Escalation Notice. No party may assert the parties agrees on behalf of itself and each member of its Group that the failure to resolve any matter during any discussions or negotiations, the course of conduct during the discussions or negotiations or the failure to agree on a mutually acceptable time, agenda, location or procedures for the meeting, in each case, as contemplated by Section 5.2, is a prerequisite to a demand for arbitration under this Section 5.3. In the event that any party delivers if an Arbitration Demand Notice with respect to any Dispute that a dispute, controversy or claim is not given prior to the subject expiration of any then pending arbitration proceeding the Applicable Deadline, as between or among the parties and the members of a previously delivered Arbitration Demand Noticetheir Groups, all such Disputes shall dispute, controversy or claim will be resolved in the arbitration proceeding for which barred. Subject to Sections 10.11(c) and 10.12, upon delivery of an Arbitration Demand Notice was first delivered unless prior to the arbitrators Applicable Deadline, the dispute, controversy or claim shall be decided by an Arbitration Panel in their sole discretion determine that it is impracticable or otherwise inadvisable to do soaccordance with the rules set forth in this Article 10.