Common use of ADR Ruling: Fees and Expenses Clause in Contracts

ADR Ruling: Fees and Expenses. The Arbitrator shall render a disposition on the proposed rulings as expeditiously as possible after the hearing, but not later than fifteen (15) business days after the conclusion of the hearing. The Arbitrator shall rule on each issue and shall adopt in its entirety the proposed ruling of one of the parties on each issue. In the circumstance where the Arbitrator rules for a party on a claim in the form of a claim for monetary damages, the parties shall then submit a proposed remedy within ten (10) days of notice of the ruling. The proposed remedy may be accompanied by a brief in support of the remedy not to exceed five (5) pages. The Arbitrator shall rule on and adopt one of the proposed remedies within ten (10) days of their submission. The Arbitrator's disposition shall be final and not appealable, except that either party shall have the right to appeal such disposition on the basis it was affected by fraud or bad faith in connection with the ADR proceedings. The reasonable fees and expenses of the Arbitrator, as well as the standard charges of JAMS for its assistance, shall be borne by the parties as determined by the Arbitrator, who shall, in making such determination, take into account the equities and disposition of the proceedings. A judgment on

Appears in 3 contracts

Samples: Administrative Services and Management Agreement (Corixa Corp), Administrative Services and Management Agreement (Corixa Corp), Administrative Services and Management Agreement (Corixa Corp)

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ADR Ruling: Fees and Expenses. The Arbitrator shall render a disposition on the proposed rulings as expeditiously as possible after the hearing, but not later than fifteen (15) business days after the conclusion of the hearing. The Arbitrator shall rule on each issue and shall adopt in its entirety the proposed ruling of one of the parties on each issue. In the circumstance circumstances where the Arbitrator rules for a party on a claim in the form of a claim for monetary damages, the parties shall will then submit a proposed remedy within ten (10) days of notice of the ruling. The proposed remedy may be accompanied by a brief in support of the remedy not to exceed five (5) pages. The Arbitrator shall will rule on and adopt one of the proposed remedies within ten (10) days of their submission. The Arbitrator's disposition shall be final and not appealable, except that either party shall have the right to appeal such disposition on the basis it was affected by fraud or bad faith in connection with the ADR proceedings. A judgment on the Arbitrator's disposition may be entered in any court having jurisdiction over the parties. The reasonable fees and expenses of the Arbitrator, as well as the standard charges of JAMS for its assistance, shall be borne equally by the parties or as determined by the Arbitrator, who shall, in making such determination, take into account the equities and disposition of the proceedings. A judgment onthey may otherwise agree.

Appears in 2 contracts

Samples: Research Collaboration and License Agreement (Corixa Corp), Research Collaboration and License Agreement (Corixa Corp)

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ADR Ruling: Fees and Expenses. The Arbitrator shall render a disposition on the proposed rulings as expeditiously as possible after the hearing, but not later than fifteen (15) business days after the conclusion of the hearing. The Arbitrator shall rule on each issue and shall adopt in its entirety the proposed ruling of one of the parties on each issue. In the circumstance where the Arbitrator rules for a party on a claim in the form of a claim for monetary damages, the parties shall then submit a proposed remedy within ten (10) days of notice of the ruling. The proposed remedy may be accompanied by a brief in support of the remedy not to exceed five (5) pages. The Arbitrator shall rule on and adopt one of the proposed remedies within ten (10) days of their submission. The Arbitrator's disposition shall be final and not appealable, except that either party shall have the right to appeal such disposition on the basis it was affected by fraud or bad faith in connection with the ADR proceedings. The reasonable fees and expenses of the Arbitrator, as well as the standard charges of JAMS for its assistance, shall be borne by the parties as determined by the Arbitrator, who shall, in making such determination, take into account the equities and disposition of the proceedings. A judgment onon the Arbitrator's disposition may be entered in and enforced by any court having jurisdiction over the parties.

Appears in 2 contracts

Samples: License and Research Collaboration Agreement (Corixa Corp), License and Research Collaboration Agreement (Corixa Corp)

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