Common use of Applicable Law; Alternative Dispute Resolution Clause in Contracts

Applicable Law; Alternative Dispute Resolution. (a) This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. (b) Except as expressly provided in Section 2.5, any dispute arising under this Agreement shall be resolved pursuant to this Section 13.1: (i) Any party has the right to request the other to meet to discuss a dispute. The party requesting the meeting will give at least ten (10) business days notice in writing of the subject it wishes to discuss, provide a written statement of the dispute, and designate an officer of the company with complete power to resolve the dispute to attend the meeting. Within three (3) business days after receipt of such request, the party receiving the request will provide a responsive written statement and will designate an officer of the company who will attend the meeting with complete power to resolve the dispute. (ii) If the meeting fails to resolve the dispute by a signed agreement among the officers, the dispute shall be submitted for non- appealable, binding determination through arbitration. The parties agree that an officer with authority to resolve the dispute for each entity shall attend the arbitration. The Arbitrator chose from the arbitrators (iii) the parties agree to make discovery and disclosure of all matters relevant to the dispute to the extent and in the manner provided by the Federal Rules of Civil Procedure. The Arbitrator will rule on all requests for discovery and disclosure and discovery shall be completed within ninety (90) days of the date of the first notice pursuant to Section 13.1(b)(i). The Arbitrator shall follow the statutes and decisions of the substantive law of Texas relevant to the subject. The Arbitrator's powers shall be limited to enforcement of this Agreement as to the issues raised by the parties, and shall not include tort claims or the power to award punitive damages. The Arbitrator shall not have the authority or power to alter, amend or modify any of the terms and conditions of the agreement of the parties. The Arbitrator shall issue a final ruling within hundred eighty (180) days of the date of the first notice pursuant to Section 13.1(b)(i). (iv) The ruling of the Arbitrator shall be in writing and signed, shall contain a statement of findings and conclusions and shall be final and binding upon the parties. The fees and expenses of counsel, witnesses and employees of the parties and all other costs and expenses incurred exclusively for the benefit of the party incurring the same shall be borne by the party incurring such fees and expenses. All other fees and expenses including, without limitation, compensation for the Arbitrator shall be divided equally between the parties. All meetings and arbitration hearings held pursuant to this Section 13.1 shall take place in Houston, Texas. Judgment on the arbitration award or decision may be entered in any court having jurisdiction.

Applicable Law; Alternative Dispute Resolution. (a) This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. (b) Except as expressly provided in Section 2.5, any dispute arising under this Agreement shall be resolved pursuant to this Section 13.1: (i) Any party has the right to request the other to meet to discuss a dispute. The party requesting the meeting will give at least ten (10) business days notice in writing of the subject it wishes to discuss, provide a written statement of the dispute, and designate an officer of the company with complete power to resolve the dispute to attend the meeting. Within three (3) business days after receipt of such request, the party receiving the request will provide a responsive written statement and will designate an officer of the company who will attend the meeting with complete power to resolve the dispute. (ii) If the meeting fails to resolve the dispute by a signed agreement among the officers, the dispute shall be submitted for non- non-appealable, binding determination through arbitration. The parties agree that an officer with authority to resolve the dispute for each entity shall attend the arbitration. The Arbitrator chose from the arbitratorsarbitrators available through Judicial Arbitration & Mediation Services, In. ("JAMS") shall be the Arbitrator unless the parties agree on a substitute arbitrator. Unless otherwise agreed by the parties, the Arbitrator shall be a person with at least eight (8) (iii) the parties agree to make discovery and disclosure of all matters relevant to the dispute to the extent and in the manner provided by the Federal Rules of Civil Procedure. The Arbitrator will rule on all requests for discovery and disclosure and discovery shall be completed within ninety (90) days of the date of the first notice pursuant to Section 13.1(b)(i). The Arbitrator shall follow the statutes and decisions of the substantive law of Texas relevant to the subject. The Arbitrator's powers shall be limited to enforcement of this Agreement as to the issues raised by the parties, and shall not include tort claims or the power to award punitive damages. The Arbitrator shall not have the authority or power to alter, amend or modify any of the terms and conditions of the agreement of the parties. The Arbitrator shall issue a final ruling within hundred eighty (180) days of the date of the first notice pursuant to Section 13.1(b)(i). (iv) The ruling of the Arbitrator shall be in writing and signed, shall contain a statement of findings and conclusions and shall be final and binding upon the parties. The fees and expenses of counsel, witnesses and employees of the parties and all other costs and expenses incurred exclusively for the benefit of the party incurring the same shall be borne by the party incurring such fees and expenses. All other fees and expenses including, without limitation, compensation for the Arbitrator shall be divided equally between the parties. All meetings and arbitration hearings held pursuant to this Section 13.1 shall take place in Houston, Texas. Judgment on the arbitration award or decision may be entered in any court having jurisdiction.

Applicable Law; Alternative Dispute Resolution. (a) This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. (b) Except as expressly provided in Section 2.5Sections 9.3 and 10.6, any dispute arising under this Agreement shall be resolved pursuant to this Section 13.1:15.1(b): (i) Any party has the right to request the other to meet to discuss a dispute. The party requesting the meeting will give at least ten five (105) business days prior notice in writing of the subject it wishes to discuss, provide a written statement of the dispute, and designate an officer of the company with complete power to resolve the dispute to attend the meeting. Within three (3) business days after receipt of to such request, the party receiving the request will provide a responsive written statement and will designate an officer of the company who will attend the meeting with complete power to resolve the dispute. (ii) If the meeting fails to resolve the dispute by a signed agreement among the officers, the dispute shall be submitted for non- appealablenonappealable, binding determination through arbitration. The parties agree that an officer with authority to resolve the dispute for each entity shall attend the arbitration. The Arbitrator chose from the arbitratorsarbitration as described in this Section 15.1. (iii) the The parties agree to make discovery and disclosure of all matters relevant to the dispute to the extent and in the manner provided by the Federal Rules of Civil Procedure. The Arbitrator arbitration panel will rule on all requests for discovery and disclosure and discovery shall be completed within ninety (90) days of the date of the first notice pursuant to Section 13.1(b)(i15.1(b)(i). The Arbitrator arbitrators may consider any matter relevant to the subject to the dispute and shall follow the statutes and decisions of the substantive law of Texas relevant to the subject. The Arbitrator's powers shall be limited to enforcement of this Agreement as to the issues raised by the parties, and shall not include tort claims or the power to award punitive damages. The Arbitrator arbitrators shall not have the authority or power to alter, amend or modify any of the terms and conditions of the agreement of the parties. The Arbitrator arbitrators shall issue a final ruling within hundred eighty (180) 180 days of the date of the first notice pursuant to Section 13.1(b)(i15.1(b)(i). (iv) The ruling of the Arbitrator arbitrators shall be in writing and signed, shall contain a statement of findings and conclusions signed and shall be final and binding upon the parties. The fees and expenses of counsel, witnesses and employees of the parties and all other costs and expenses incurred exclusively for the benefit of the party incurring the same shall be borne by the party incurring such fees and expenses. All other fees and expenses including, without limitation, compensation for the Arbitrator shall be divided equally between the parties. All meetings and arbitration hearings held pursuant to this Section 13.1 shall take place in Houston, Texas. Judgment on the arbitration award or decision may be entered in any court having jurisdiction.incurred

Applicable Law; Alternative Dispute Resolution. (a) This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. (b) Except as expressly provided in Section 2.5, any dispute arising under this Agreement shall be resolved pursuant to this Section 13.1: (i) Any party has the right to request the other to meet to discuss a dispute. The party requesting the meeting will give at least ten (10) business days notice in writing of the subject it wishes to discuss, provide a written statement of the dispute, and designate an officer of the company with complete power to resolve the dispute to attend the meeting. Within three (3) business days after receipt of such request, the party receiving the request will provide a responsive written statement and will designate an officer of the company who will attend the meeting with complete power to resolve the dispute. (ii) If the meeting fails to resolve the dispute by a signed agreement among the officers, the dispute shall be submitted for non- appealable, binding determination through arbitration. The parties agree that an officer with authority to resolve the dispute for each entity shall attend the arbitration. The Arbitrator chose from chosen rom the arbitratorsarbitrators available through Judicial Arbitration & Mediation Services, In. ("JAMS") shall be the Arbitrator unless the parties agree on a substitute arbitrator. Unless otherwise agreed by the parties, the Arbitrator shall be a person with at least eight (8) years of professional experience in the natural gas industry or the judiciary and who is not, and within the previous five (5) years has not been, an employee or independent contractor of either Seller or Buyer (or any affiliate thereof), and does not have a direct or indirect interest in either Seller or Buyer (of any affiliate thereof) or the subject matter of the arbitration. (iii) the parties agree to make discovery and disclosure of all matters relevant to the dispute to the extent and in the manner provided by the Federal Rules of Civil Procedure. The Arbitrator will rule on all requests for discovery and disclosure and discovery shall be completed within ninety (90) days of the date of the first notice pursuant to Section 13.1(b)(i). The Arbitrator shall follow the statutes and decisions of the substantive law of Texas relevant to the subject. The Arbitrator's powers shall be limited to enforcement of this Agreement as to the issues raised by the parties, and shall not include tort claims or the power to award punitive damages. The Arbitrator shall not have the authority or power to alter, amend or modify any of the terms and conditions of the agreement of the parties. The Arbitrator shall issue a final ruling within hundred eighty (180) days of the date of the first notice pursuant to Section 13.1(b)(i).the (iv) The ruling of the Arbitrator shall be in writing and signed, shall contain a statement of findings and conclusions and shall be final and binding upon the parties. The fees and expenses of counsel, witnesses and employees of the parties and all other costs and expenses incurred exclusively for the benefit of the party incurring the same shall be borne by the party incurring such fees and expenses. All other fees and expenses including, without limitation, compensation for the Arbitrator shall be divided equally between the parties. All meetings and arbitration hearings held pursuant to this Section 13.1 shall take place in Houston, Texas. Judgment on the arbitration award or decision may be entered in any court having jurisdiction.

Applicable Law; Alternative Dispute Resolution. (a) This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. (ba) Except as expressly provided in Section 2.5, any dispute arising under this Agreement shall be resolved pursuant to this Section 13.112.1: (i) Any party has the right to request the other to meet to discuss a dispute. The party requesting the meeting will give at least ten (10) business days notice in writing of the subject it wishes to discuss, provide a written statement of the dispute, and designate an officer of the company with complete power to resolve the dispute to attend the meeting. Within three (3) business days after receipt of such request, the party receiving the request will provide a responsive written statement and will designate an officer of the company who will attend the meeting with complete power to resolve the dispute. (ii) If the meeting fails to resolve the dispute by a signed agreement among the officers, the dispute shall be submitted for non- appealablenonappealable, binding determination through arbitration. The parties agree that an officer with authority to resolve the dispute for each entity shall attend the arbitration. The Arbitrator chose arbitrator chosen from the arbitratorsarbitrators available through JAMS shall be the arbitrator unless the parties agree on a substitute arbitrator. Unless otherwise agreed by the parties, the arbitrator shall be a person with at least eight (8) years of professional experience in the natural gas industry or the judiciary and who is not, and within the previous five (5) years has not been, an employee or independent contractor of either Seller or Buyer (or any affiliate thereof), and does not have a direct or indirect interest in either Seller or Buyer (or any affiliate thereof) or the subject matter of the arbitration. (iii) the The parties agree to make discovery and disclosure of all matters relevant to the dispute to the extent and in the manner provided by the Federal Rules of Civil Procedure. The Arbitrator arbitrator will rule on all requests for discovery and disclosure and discovery shall be completed within ninety (90) days of the date of the first notice pursuant to Section 13.1(b)(i12.1(b)(i). The Arbitrator arbitrator shall follow the statutes and decisions of the substantive law of Texas relevant to the subject. The Arbitratorarbitrator's powers shall be limited to enforcement of this Agreement as to the issues raised by the parties, and shall not include tort claims or the power to award punitive damages. The Arbitrator arbitrator shall not have the authority or power to alter, amend or modify any of the terms and conditions of the agreement of the parties. The Arbitrator arbitrator shall issue a final ruling within one hundred eighty (180) days of the date of the first notice pursuant to Section 13.1(b)(i12.1(b)(i). (iv) The ruling of the Arbitrator arbitrator shall be in writing and signed, shall contain a statement of findings and conclusions and shall be final and binding upon the parties. The fees and expenses of counsel, witnesses and employees of the parties and all other costs and expenses incurred exclusively for the benefit of the party incurring the same shall be borne by the party incurring such fees and expenses. All other fees and expenses including, without limitation, compensation for the Arbitrator arbitrator shall be divided equally between the parties. All meetings and arbitration hearings held pursuant to this Section 13.1 12.1 shall take place in Houston, Texas. Judgment on the arbitration award or decision may be entered in any court having jurisdiction.

Applicable Law; Alternative Dispute Resolution. (a) This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. (b) Except as expressly provided in Section 2.5, any dispute arising under this Agreement shall be resolved pursuant to this Section 13.112.1: (i) Any party has the right to request the other to meet to discuss a dispute. The party requesting the meeting will give at least ten (10) 10 business days notice in writing of the subject it wishes to discuss, provide a written statement of the dispute, and designate an officer of the company with complete power to resolve the dispute to attend the meeting. Within three (3) business days after receipt of such request, the party receiving the request will provide a responsive written statement and will designate an officer of the company who will attend the meeting with complete power to resolve the dispute. (ii) If the meeting fails to resolve the dispute by a signed agreement among the officers, the dispute shall be submitted for non- appealablenonappealable, binding determination through arbitration. The parties agree that an officer with authority to resolve the dispute for each entity shall attend the arbitration. The Arbitrator chose arbitrator chosen from the arbitratorsarbitrators available through JAMS shall be the arbitrator unless the parties agree on a substitute arbitrator. Unless otherwise agreed by the parties, the arbitrator shall be a person with at least eight years of professional experience in the natural gas industry or the judiciary and who is not, and within the previous five years has not been, an employee or independent contractor of either Seller or Buyer (or any affiliate thereof), and does not have a direct or indirect interest in either Seller or Buyer (or any affiliate thereof) or the subject matter of the arbitration. (iii) the The parties agree to make discovery and disclosure of all matters relevant to the dispute to the extent and in the manner provided by the Federal Rules of Civil Procedure. The Arbitrator arbitrator will rule on all requests for discovery and disclosure and discovery shall be completed within ninety (90) 90 days of the date of the first notice pursuant to Section 13.1(b)(i12.1(b)(i). The Arbitrator arbitrator shall follow the statutes and decisions of the substantive law of Texas relevant to the subject. The Arbitratorarbitrator's powers shall be limited to enforcement of this Agreement as to the issues raised by the parties, and shall not include tort claims or the power to award punitive damages. The Arbitrator arbitrator shall not have the authority or power to alter, amend or modify any of the terms and conditions of the agreement of the parties. The Arbitrator arbitrator shall issue a final ruling within hundred eighty (180) 180 days of the date of the first notice pursuant to Section 13.1(b)(i12.1(b)(i). (iv) The ruling of the Arbitrator arbitrator shall be in writing and signed, shall contain a statement of findings and conclusions and shall be final and binding upon the parties. The fees and expenses of counsel, witnesses and employees of the parties and all other costs and expenses incurred exclusively for the benefit of the party incurring the same shall be borne by the party incurring such fees and expenses. All other fees and expenses including, without limitation, compensation for the Arbitrator arbitrator shall be divided equally between the parties. All meetings and arbitration hearings held pursuant to this Section 13.1 12.1 shall take place in Houston, Texas. Judgment on the arbitration award or decision may be entered in any court having jurisdiction.