Common use of A rbitration Clause in Contracts

A rbitration. If there is any dispute arising out of this Submission Agreement, or the Program, including a dispute about the validity, operation, meaning or breach hereof, the dispute between the parties (the “Dispute”) shall be submitted to final and binding arbitration, which shall constitute the sole dispute resolution mechanism hereunder and Writer irrevocably waives any rights to seek other relief at law or equity. The arbitration shall be controlled by the terms of this agreement, on an individual and not class basis only, and any award favorable to Writer shall be limited to the fixing of compensation for Company’s use of the submitted Material, which shall bear a reasonable relation to compensation normally paid to persons of Writer’s present stature and experience for Company’s use of similar material. The arbitration shall be initiated and conducted according to the JAMS Streamlined (for claims under $250,000) Arbitration Rules and Procedures, except as modified herein and except that the arbitrator shall be an arbitrator experienced in the entertainment industry and licensed to practice law in California or a retired judge, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator's decision and authority shall be controlled by the terms of this agreement. No award may exceed the minimum rate that would be due, if any, under the Writers Guild of America Theatrical and Television Basic Agreement in effect as of the date hereof (the “WGA Agreement”), for the relevant network, time period, and type of program (so-called "bargain rates," and not to include minimums payable for pilot scripts, back-up scripts or spin-offs). Writer agrees that Writer can suffer no damages in excess of these amounts from Company’s use of the Material or for any other claim with respect to it. Writer understands that Writer’s sole remedy in any arbitration or any other proceeding relating to this agreement or the Material is money damages; in particular, Writer expressly waives the right to seek any other relief at law or equity (including, without limitation, injunctive relief) with respect to the Material or this Submission Agreement. Judgment upon an arbitration award may be entered in any court having jurisdiction. Writer may only commence an action at law for the sole purpose of enforcing an arbitration award. Notwithstanding the foregoing, Writer understands and acknowledges that the entity to which Writer is providing the Submitted Materials may not be a signatory to the Writers Guild of America Theatrical and Television Basic Agreement.

A rbitration. If there is any dispute arising out of this Submission Agreement, or the Program, including a dispute about the validity, operation, meaning or breach hereofhereof (including, for example, if Recipient Parties should determine that Recipient Parties has the right to use the Material without entering into a further agreement with Writer, and Writer disagrees with Recipient Parties’ determination), the dispute between the parties (the “Dispute”) shall be submitted to final and binding arbitration, which shall constitute the sole dispute resolution mechanism hereunder and Writer irrevocably waives any rights to seek other relief at law or equity. The arbitration shall be controlled by the terms of this agreement, on an individual and not class basis only, and any award favorable to Writer shall be limited to the fixing of compensation for Company’s use of the submitted Material, which shall bear a reasonable relation to compensation normally paid to persons of Writer’s present stature and experience for Company’s use of similar material. The arbitration shall be initiated and conducted according to the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein and except that the arbitrator shall be an arbitrator experienced in the entertainment industry and licensed to practice law in California or a retired judge, including the Optional Appeal Procedure, Procedure at the Los Angeles office of JAMS, JAMS or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the Dispute. The parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator's decision arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and authority admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the parties agree otherwise, the neutral arbitrator shall be controlled a former or retired judge or justice of any California state or federal court with experience in matters involving the entertainment industry. If either party refuses to perform any or all of its obligations under the final arbitration award within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement of any arbitration award shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the terms of this agreementparty against whom enforcement is ordered. No award may exceed The parties shall maintain the minimum rate that would be due, if any, under the Writers Guild of America Theatrical and Television Basic Agreement in effect as confidential nature of the date hereof (arbitration proceeding and the “WGA Agreement”)award, including the arbitration hearing, except as may be necessary to prepare for or conduct the relevant networkarbitration hearing on the merits, time periodor except as may be necessary in connection with a court application for a preliminary remedy, and type the enforcement of program (so-called "bargain rates," and not an award, or a judicial challenge to include minimums payable for pilot scriptsan award, back-up scripts or spin-offs). Writer agrees that Writer can suffer no damages in excess of these amounts from Company’s use of the Material unless otherwise required by law or for any other claim with respect to itjudicial decision. Writer understands that Writer’s sole remedy in any arbitration or any other proceeding relating to this agreement Submission Agreement or the Material is money damages; in particular, Writer expressly waives the right to seek any other relief at law or equity (including, without limitation, injunctive relief) with respect to the Material or this Submission Agreement. Judgment upon an arbitration award may be entered in any court having jurisdiction. Writer may only commence an action at law for the sole purpose of enforcing an arbitration award. Notwithstanding the foregoing, Writer understands and acknowledges that the entity to which Writer is providing the Submitted Materials may not be a signatory to the Writers Guild of America Theatrical and Television Basic Agreement.

A rbitration. If there the grievant is any dispute arising out not satisfied with the decision at Level II, he/she may request the Association to submit the grievance to arbitration. If the Association concurs with the grievant’s request, it must give written notice to the District of its desire to arbitrate the grievance within fifteen (15) days after the termination of Level II. It is expressly understood that the only matters which are subject to arbitration are grievances as defined above which were processed and handled in accordance with the limitations and procedures of this Submission Agreement, or Article. Processing and discussing the Program, including merits of an alleged grievance by the District shall not constitute a dispute about waiver by the validity, operation, meaning or breach hereof, District of a defense that the dispute between the parties (the “Dispute”) shall be submitted to final and binding arbitration, which shall constitute the sole dispute resolution mechanism hereunder and Writer irrevocably waives any rights to seek other relief at law or equity. The arbitration shall be controlled by the terms of this agreement, on an individual and is not class basis only, and any award favorable to Writer shall be limited to the fixing of compensation for Company’s use of the submitted Material, which shall bear a reasonable relation to compensation normally paid to persons of Writer’s present stature and experience for Company’s use of similar material. The arbitration shall be initiated and conducted according to the JAMS Streamlined (for claims under $250,000) Arbitration Rules and Procedures, except as modified herein and except that the arbitrator shall be an arbitrator experienced in the entertainment industry and licensed to practice law in California or a retired judge, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”)grievable. The arbitration shall be conducted using the procedures of the American Arbitration Association including the selection of the arbitrator. As soon as possible after the District receives the written notice of the Association’s desire to arbitrate, the parties shall attempt to agree upon an arbitrator based upon a list of 13 arbitrators. M otions to Dismiss If the District contends that a grievance should be dismissed because, for example, it falls outside the scope of the procedure, or was filed or processed in Los Angeles County before an untimely manner, or that the dispute has become moot, such a single neutral contention shall, at the option of the District, be heard and ruled upon by the arbitrator appointed prior to any hearing on the merits of the grievance, with a suitable stay/continuance between such a ruling and any further proceedings which may be necessary. The District may also, at its option, and without prejudice, have such a contention heard along with the merits of the case. If the District should choose to refuse to arbitrate a dispute, nothing in this Section shall preclude the Association from seeking, through appropriate administrative or judicial proceedings, to compel the District to proceed to arbitration. L imitations Upon Arbitrator The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Agreement, but shall determine only whether or not there has been a violation of this Agreement in the respect alleged in the grievance. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him/her by the respective parties in the presence of each other, and upon arguments presented in briefs. This Agreement constitutes a contract between the parties which shall be interpreted and applied by the parties under the laws of the State of California. The function and purpose of the arbitrator is to determine disputed interpretation of terms actually found in the Agreement, or to determine disputed facts upon which the application of the Agreement depends. The arbitrator shall therefore not have authority, nor shall he/she consider it his/her function to decide any issue not submitted or to so interpret or apply the Agreement as to change that can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. Past practice of the parties in interpreting or applying terms of the Agreement may be relevant evidence, but shall not be used so as to justify, or result in, what is in effect a modification (whether by addition or detraction) of the written terms of this Agreement. The arbitrator shall not render any decision or award, or fail to render any decision or award, merely because in his/her opinion such decision or award is fair or equitable. No decision rendered by the arbitrator shall be retroactive beyond the beginning of the third school year prior to the last payroll period prior to the twenty (20) day period specified in Level I of the Grievance Procedure. The arbitrator may hear and determine only one grievance at a time unless the District expressly agrees otherwise. However, both parties will in good faith endeavor to handle in an expeditious and convenient manner cases that involve the same or similar facts and issues. The decision of the arbitrator within the limits herein prescribed shall be binding on the Association, the District and the grievant. E xpenses All fees and expenses of the arbitrator shall be shared equally by the parties. Each party shall bear the expenses of the presentation of its own case. F ailure to Meet Time Limits If a grievance is not processed by the grievant in accordance with the Arbitration Rulestime limits set forth in this Article, it shall not be subject to arbitration and shall be considered settled on the basis of the decision last made by the District. The arbitrator If the District fails to respond to the grievance in a timely manner at any level, the running of its time limit shall follow California law be deemed a denial of the grievance and termination of the level involved, and the Federal Rules of Evidence grievant may proceed to the next step. Time limits hereunder may be lengthened or shortened in adjudicating the Disputeany particular case only by mutual written agreement. The parties waive may also in any particular case mutually agree in writing to expedite arbitration procedures such as those of the right to seek punitive damages and the arbitrator shall have no authority to award such damagesAmerican Arbitration Association (AAA). The arbitrator's decision and authority shall be controlled by the terms parties will attempt in good faith to adjust time limit problems which occur above Level I as a result of this agreement. No award may exceed the minimum rate that would be duewinter break, if any, under the Writers Guild of America Theatrical and Television Basic Agreement in effect as of the date hereof (the “WGA Agreement”), for the relevant network, time period, and type of program (so-called "bargain rates," and not to include minimums payable for pilot scripts, back-up scripts or spin-offs). Writer agrees that Writer can suffer no damages in excess of these amounts from Company’s use of the Material or for any other claim with respect to it. Writer understands that Writer’s sole remedy in any arbitration or any other proceeding relating to this agreement spring break or the Material is money damages; in particular, Writer expressly waives the right to seek any other relief at law or equity (including, without limitation, injunctive relief) with respect to the Material or this Submission Agreement. Judgment upon an arbitration award may be entered in any court having jurisdiction. Writer may only commence an action at law for the sole purpose of enforcing an arbitration award. Notwithstanding the foregoing, Writer understands and acknowledges that the entity to which Writer is providing the Submitted Materials may not be a signatory to the Writers Guild of America Theatrical and Television Basic Agreementsummer recess.