Common use of Administrative Body Clause in Contracts

Administrative Body. All arbitration hereunder will be conducted in accordance with the Commercial Arbitration Rules of either: (i) The American Arbitration Association (“AAA”); or (ii) United States Arbitration & Mediation (“USA&M”). The party first filing an arbitration claim shall designate which arbitration forum and Inventory Financing Agreement 31 KCP-4616003-20 NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. rules are to be applied for all disputes between the parties. The arbitration rules are currently found at xxx.xxx.xxx for AAA, and at xxx.xxxx-xxxxxxx.xxx for USA&M. AAA claims may be filed in any AAA office. Claims filed with USA&M shall be filed in its Midwest office located at 000 Xxxxx Xxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxxxxxxx 00000. All arbitrator(s) selected will be attorneys with at least five (5) years secured transactions experience. A panel of three arbitrators shall hear all claims exceeding One Million Dollars ($1,000,000.00), exclusive of interest, costs and attorneys’ fees. The arbitrator(s) will decide if any inconsistency exists between the rules of the applicable arbitral forum and the arbitration provisions contained herein. If such inconsistency exists, the arbitration provisions contained herein will control and supersede such rules. The arbitrator shall follow the terms of this Agreement and the applicable law, including without limitation, the attorney-client privilege and the attorney work product doctrine.

Administrative Body. All arbitration hereunder will be conducted in accordance with the Commercial Arbitration Rules of either: (i1) The American Arbitration Association (“"AAA”)") pursuant to its Commercial Arbitration Rules; or (ii2) United States Arbitration & Mediation (“"USA&M”") pursuant to its Consolidated Arbitration Rules; or (3) JAMS pursuant to its Streamlined Arbitration Rules & Procedures (exclusive in each case of any rules regarding class action proceedings which are prohibited hereunder). The party first filing an arbitration claim shall designate which arbitration forum and Inventory Financing Agreement 31 KCP-4616003-20 NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. rules are to be applied for all disputes Disputes between the parties. The arbitration rules are currently found at xxx.xxx.xxx wxx.xxx.xxx for AAA, at wxx.xxxx-xxxxxxx.xxx for USA&M and at xxx.xxxx-xxxxxxx.xxx jxxxxxx.xxx for USA&M. JAMS. AAA claims may be filed in any AAA office. Claims filed with USA&M shall be filed in its Midwest office located at 000 700 Xxxxx Xxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxxxxxxx 00000. Claims filed with JAMS shall be filed in its Chicago office located at 70 X. Xxxxxx Drive, Suite 3090, Chicago, Illinois 60606. If neither AAA, USA&M nor JAMS is willing or able to serve as the arbitration administrator, and the parties are unable to agree upon a substitute arbitrator, then the arbitrator will be selected by the court. All arbitrator(s) selected will shall be attorneys with at least five (5) years experience In either secured transactions experiencetransactions, bankruptcy or creditor's rights. A panel of three arbitrators All arbitrations shall hear be conducted by one arbitrator except as specifically set forth below or unless all parties agree otherwise. For all individual claims exceeding One Two Million Dollars ($1,000,000.002,000,000.00), exclusive of interest, costs and attorneys’ attorney's fees, a party may demand that the arbitration be conducted by a panel of three (3) arbitrators instead of one arbitrator; provided that the requesting party shall pay all costs and arbitrator compensation associated with the additional two arbitrators. The parties shall select the arbitrator(s) using the procedures set forth in the arbitration rules of the applicable arbitral forum. The arbitrator(s) will shall decide if any inconsistency exists between the rules of the applicable arbitral forum and the arbitration provisions contained herein. If such inconsistency exists, the arbitration provisions contained herein will shall control and supersede such rules. The arbitrator arbitrator(s) shall follow the terms of this Agreement and the applicable law, including without limitation, the attorney-client privilege and the attorney work product doctrine.

Administrative Body. All arbitration hereunder will be conducted in accordance with the Commercial Arbitration Rules of either: (i1) The American Arbitration Association (“AAA”)) pursuant to its Commercial Arbitration Rules; or (ii2) United States Arbitration & Mediation (“USA&M”) pursuant to its Consolidated Arbitration Rules; or (3) JAMS pursuant to its Streamlined Arbitration Rules & Procedures (exclusive in each case of any rules regarding class action proceedings which are prohibited hereunder). The party first filing an arbitration claim shall designate which arbitration forum and Inventory Financing Agreement 31 KCP-4616003-20 NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. rules are to be applied for all disputes Disputes between the parties. The arbitration rules are currently found at xxx.xxx.xxx for AAA, and at xxx.xxxx-xxxxxxx.xxx for USA&M. USA&M and at xxxxxxx.xxx for JAMS. AAA claims may be filed in any AAA office. Claims filed with USA&M shall be filed in its Midwest office located at 000 Xxxxx Xxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxxxxxxx 00000. Claims filed with JAMS shall be filed in its Chicago office located at 00 X. Xxxxxx Drive, Suite 3090, Chicago, Illinois 60606. If neither AAA, USA&M nor JAMS is willing or able to serve as the arbitration administrator, and the parties are unable to agree upon a substitute arbitrator, then the arbitrator will be selected by the court. All arbitrator(s) selected will shall be attorneys with at least five (5) years experience in either secured transactions experiencetransactions, bankruptcy or creditor’s rights. A panel of three arbitrators All arbitrations shall hear be conducted by one arbitrator except as specifically set forth below or unless all parties agree otherwise. For all individual claims exceeding One Two Million Dollars ($1,000,000.002,000,000.00), exclusive of interest, costs and attorneys’ attorney’s fees, a party may demand that the arbitration be conducted by a panel of three (3) arbitrators instead of one arbitrator; provided that the requesting party shall pay all costs and arbitrator compensation associated with the additional two arbitrators. The parties shall select the arbitrator(s) using the procedures set forth in the arbitration rules of the applicable arbitral forum. The arbitrator(s) will shall decide if any inconsistency exists between the rules of the applicable arbitral forum and the arbitration provisions contained herein. If such inconsistency exists, the arbitration provisions contained herein will shall control and supersede such rules. The arbitrator arbitrator(s) shall follow the terms of this Agreement and the applicable law, including without limitation, the attorney-client privilege and the attorney work product doctrine.

Administrative Body. All arbitration hereunder will be conducted in accordance with the Commercial Arbitration Rules of either: (i1) The American Arbitration Association (“"AAA”)") pursuant to its Commercial Arbitration Rules; or (ii2) United States Arbitration & Mediation (“"USA&M”") pursuant to its Consolidated Arbitration Rules; or (3) JAMS pursuant to its Streamlined Arbitration Rules & Procedures (exclusive in each case of any rules regarding class action proceedings which are prohibited hereunder). The party first filing an arbitration claim shall designate which arbitration forum and Inventory Financing Agreement 31 KCP-4616003-20 NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. rules are to be applied for all disputes Disputes between the parties. The arbitration rules are currently found at xxx.xxx.xxx for AAA, and at xxx.xxxx-xxxxxxx.xxx for USA&M. USA&M and at xxxxxxx.xxx for JAMS. AAA claims may be filed in any AAA office. Claims filed with USA&M shall be filed in its Midwest office located at 000 Xxxxx Xxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxxxxxxx 00000. Claims filed with JAMS shall be filed in its Chicago office located at 00 X. Xxxxxx Drive, Suite 3090, Chicago, Illinois 60606. If neither AAA, USA&M nor JAMS is willing or able to serve as the arbitration administrator, and the parties are unable to agree upon a substitute arbitrator, then the arbitrator will be selected by the court. All arbitrator(s) selected will shall be attorneys with at least five (5) years experience In either secured transactions experiencetransactions, bankruptcy or creditor's rights. A panel of three arbitrators All arbitrations shall hear be conducted by one arbitrator except as specifically set forth below or unless all parties agree otherwise. For all individual claims exceeding One Two Million Dollars ($1,000,000.002,000,000.00), exclusive of interest, costs and attorneys’ attorney's fees, a party may demand that the arbitration be conducted by a panel of three (3) arbitrators instead of one arbitrator; provided that the requesting party shall pay all costs and arbitrator compensation associated with the additional two arbitrators. The parties shall select the arbitrator(s) using the procedures set forth in the arbitration rules of the applicable arbitral forum. The arbitrator(s) will shall decide if any inconsistency exists between the rules of the applicable arbitral forum and the arbitration provisions contained herein. If such inconsistency exists, the arbitration provisions contained herein will shall control and supersede such rules. The arbitrator arbitrator(s) shall follow the terms of this Agreement and the applicable law, including without limitation, the attorney-client privilege and the attorney work product doctrine.

Administrative Body. All arbitration hereunder will be conducted in accordance with the Commercial Arbitration Rules of either: (i1) The American Arbitration Association (“"AAA”)") pursuant to its Commercial Arbitration Rules; or (ii2) United States Arbitration & Mediation (“USA&M”) pursuant to its Consolidated Arbitration Rules; or (3) JAMS pursuant to its Streamlined Arbitration Rules & Procedures (exclusive in each case of any rules regarding class action proceedings which are prohibited hereunder). The party first filing an arbitration claim shall designate which arbitration forum and Inventory Financing Agreement 31 KCP-4616003-20 NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY “[****]” ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST. rules are to be applied for all disputes Disputes between the parties. The arbitration rules are currently found at xxx.xxx.xxx for AAA, and at xxx.xxxx-xxxxxxx.xxx for USA&M. USA&M and at xxxxxxx.xxx for JAMS. AAA claims may be filed in any AAA office. Claims filed with USA&M shall be filed in its Midwest office located at 000 Xxxxx Xxxxxx, Xxxxx 0000, Xx. Xxxxx, Xxxxxxxx 00000. Claims filed with JAMS shall be filed in its Chicago office located at 00 X. Xxxxxx Drive, Suite 3090, Chicago, Illinois 60606. If neither AAA, USA&M nor JAMS is willing or able to serve as the arbitration administrator, and the parties are unable to agree upon a substitute arbitrator, then the arbitrator will be selected by the court. All arbitrator(s) selected will shall be attorneys with at least five (5) years experience in either secured transactions experiencetransactions, bankruptcy or creditor’s rights. A panel of three arbitrators All arbitrations shall hear be conducted by one arbitrator except as specifically set forth below or unless all parties agree otherwise. For all individual claims exceeding One Two Million Dollars ($1,000,000.002,000,000.00), exclusive of interest, costs and attorneys’ attorney’s fees, a party may demand that the arbitration be conducted by a panel of three (3) arbitrators instead of one arbitrator; provided that the requesting party shall pay all costs and arbitrator compensation associated with the additional two arbitrators. The parties shall select the arbitrator(s) using the procedures set forth in the arbitration rules of the applicable arbitral forum. The arbitrator(s) will shall decide if any inconsistency exists between the rules of the applicable arbitral forum and the arbitration provisions contained herein. If such inconsistency exists, the arbitration provisions contained herein will shall control and supersede such rules. The arbitrator arbitrator(s) shall follow the terms of this Agreement and the applicable law, including without limitation, the attorney-client privilege and the attorney work product doctrine.