Common use of Applicable Rules Clause in Contracts

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland Counties, New York, acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland CountiesMonroe County, New York, York acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2. (e) All privileges under New York and federal law, including attorney-client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in a federal court proceeding applying New York law.

Applicable Rules. (a) Each In the event there shall exist any dispute or controversy with respect to this Agreement or any matter relating hereto or the transactions contemplated hereby, including, but not limited to, ARTICLE XI, the Parties hereto agree to seek to resolve such dispute or controversy by mutual agreement. If the Parties hereto are unable to resolve such dispute or controversy by agreement within 60 days following notice by any Party hereto of the nature of such dispute or controversy setting forth in reasonable detail the circumstances and basis of such dispute or controversy, the Parties agree that such dispute or controversy be resolved by binding arbitration hearing shall be held at a place in Weschester or Rockland Counties, New York, acceptable pursuant to the arbitrator. The arbitration shall be conducted provisions of this Section 13.9 hereof and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA Rules”). All arbitration proceedings shall be held in Houston, Texas. If a Party elects to submit such matter to arbitration, such Party shall provide notice to the extent other Party of its election to do so, which notice shall name one arbitrator. Within 10 days after the receipt of such rules notice, the other Party shall provide written notice to the electing Party naming a second arbitrator. The two arbitrators so appointed shall name a third arbitrator, or failing to do so, a third arbitrator shall be appointed pursuant to the AAA Rules. Each arbitrator selected to act hereunder shall be qualified by education and experience to pass on the particular question in dispute and shall be independent and not conflict affiliated with any of the terms hereofParties hereto. The arbitrators shall resolve all disputes in controversy in accordance with Texas substantive law. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrators appointed pursuant to this Section 11.9 shall promptly hear and determine (after due notice and hearing and giving the Parties reasonable opportunity to be heard) the questions submitted, and shall render their decision within 90 days after appointment of the third arbitrator or as soon as practical thereafter. If within such period a decision is not rendered by the board or a majority thereof, new arbitrators may be named and shall act hereunder at the election of either Party in like manner as if none had previously been named. The decision of the arbitrator arbitrators, or a majority thereof, made in writing, shall absent manifest error be reduced final and binding upon the Parties hereto as to writing the questions submitted, and each Party shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of abide by such decision. Judgment upon on the award(s) award rendered by the arbitrator arbitrators hereunder may be entered and execution had in any court of competent having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcementthereof. The charges All fees and expenses of the arbitrator arbitration shall be shared equally borne by the parties to Parties equally. However, each Party shall bear the hearingexpense of its own counsel, experts, witnesses and preparation of proofs. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland CountiesHouston, New York, acceptable to the arbitratorTexas. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of a majority of the arbitrator arbitrators shall be reduced to writing and shall be final and binding on the parties and such decision shall contain a concise statement of the reasons in support of such decisionParties. Judgment upon the award(s) rendered by a majority of the arbitrator arbitrators may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator arbitrators shall be shared equally by the parties to the hearingParties. (b) The arbitration shall commence within ten thirty (1030) days after the arbitrator is arbitrators are selected in accordance with the provisions of this Article XIVII, and the arbitrators shall render a decision within ninety (90) calendar days after commencement of the arbitration. In fulfilling his their duties with respect to determining the amount of any lossclaim for indemnification, the arbitrator arbitrators may consider such matters as, in the opinion of the arbitratorarbitrators, are necessary or helpful to make a proper valuation. The arbitrator arbitrators may consult with and engage disinterested third parties to advise the arbitratorarbitrators. The arbitrator arbitrators shall not add any interest factor reflecting the time value of money to the amount of any loss and indemnification award, but in no event shall not the arbitrators award any punitive consequential, exemplary, punitive, multiple or other special damages. (c) If The decision of the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator arbitrators shall be followed from time final and binding on the Parties, and the Parties each covenant and agree not to time as necessary. (d) As to file any determination of the amount of lawsuit or other judicial proceeding in connection with any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, disagreement between or the GroupParties arising out of or related to any Transaction Document (other than claims involving any confidentiality covenant), other than to compel arbitration proceedings or to enforce the award of a majority of the arbitratorarbitrators. (d) All privileges under Texas and federal law, except as otherwise provided including, without limitation, the attorney-client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in Section 11.2a federal court proceeding applying Texas law.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland Counties, New York, _____________ acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland CountiesAustin, New York, Texas acceptable to a majority of the arbitratorarbitrators. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of a majority of the arbitrator arbitrators shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decisionparties. Judgment upon the award(s) rendered by a majority of the arbitrator arbitrators may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator arbitrators shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten thirty (1030) days after the arbitrator is arbitrators are selected in accordance with the provisions of this Article XI. In fulfilling his their duties with respect to determining the amount of any lossan Indemnity Loss, the arbitrator arbitrators may consider such matters as, in the opinion of the arbitratorarbitrators, are necessary or helpful to make a proper valuation. The arbitrator arbitrators may consult with and engage disinterested third parties to advise the arbitratorarbitrators. The arbitrator arbitrators shall not add any interest factor reflecting the time value of money to the amount of any loss Indemnity Loss and shall not award any punitive damages. (c) If any of the arbitrator arbitrators selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, remaining arbitrators or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator arbitrators shall be followed from time to time as necessary. (d) As to any determination of the amount of any lossan Indemnity Loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss Indemnity Loss or such resolution shall be instituted by Administrator, any of the AOR Parties or the GroupPhysician Parties, other than to compel arbitration proceedings or enforce the award of the arbitratorarbitrators. (e) All privileges under Texas and federal law, except as otherwise provided including attorney- client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in Section 11.2a federal court proceeding applying Texas law.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland Counties, New York, _____________ acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2. (e) All privileges under Kansas and federal law, including attorney-client and work- product privileges, shall be preserved and protected to the same extent that such privileges would be protected in a federal court proceeding applying Kansas law.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland CountiesHouma, New York, Louisiana acceptable to a majority of the arbitratorarbitrators. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of a majority of the arbitrator arbitrators shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decisionparties. Judgment upon the award(s) rendered by a majority of the arbitrator arbitrators may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator arbitrators shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is arbitrators are selected in accordance with the provisions of this Article XI12. In fulfilling his their duties with respect to determining the amount of any lossan Indemnity Loss, the arbitrator arbitrators may consider such matters as, in the opinion of the arbitratorarbitrators, are necessary or helpful to make a proper valuation. The arbitrator arbitrators may consult with and engage disinterested third parties to advise the arbitratorarbitrators. The arbitrator arbitrators shall not add any interest factor reflecting the time value of money to the amount of any loss Indemnity Loss and shall not award any punitive damages. (c) If any of the arbitrator arbitrators selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, remaining arbitrators or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI 12 for selecting the arbitrator arbitrators shall be followed from time to time as necessary. (d) As to any determination of the amount of any lossan Indemnity Loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss Indemnity Loss or such resolution shall be instituted by Administrator, any of PTI or the GroupPhysician Parties (including New Clinic), other than to compel arbitration proceedings or enforce the award of a majority of the arbitratorarbitrators. (e) All privileges under Louisiana and federal law, except as otherwise provided including attorney-client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in Section 11.2a federal court proceeding applying Louisiana law.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland CountiesHouston, New York, Texas acceptable to the arbitratorPresiding Arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator Presiding Arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decisionparties. Judgment upon the award(s) rendered by the arbitrator Presiding Arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator arbitrators shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator Presiding Arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his the duties with respect to determining the amount of any lossan Indemnity Loss, the arbitrator Presiding Arbitrator may consider such matters as, in the opinion of the arbitratorPresiding Arbitrator, are is necessary or helpful to make a proper valuation. The arbitrator Presiding Arbitrator may consult with and engage disinterested third parties to advise the arbitratorPresiding Arbitrator. The arbitrator Presiding Arbitrator shall not add any an interest factor reflecting the time value of money to the amount of any loss Indemnity Loss and shall not award any punitive damages. (c) If the arbitrator a Presiding Arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, two original arbitrators selected by the parties or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitratorPresiding Arbitrator. The procedure set forth in this Article XI for selecting the arbitrator Presiding Arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2.

Applicable Rules. (a1) Each arbitration hearing shall be held at a place in Weschester or Rockland Counties, New York, _____________ acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof; provided, however, that if the parties hereto agree to an alternative to arbitration they may agree to an alternative set of rules, including as to rules of evidence and procedure. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b2) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XIParagraph 7. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c3) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI Paragraph 7 for selecting the arbitrator shall be followed from time to time as necessary. (d4) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Groupparties hereto, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2Paragraph 7. (5) All privileges under [state] and federal law, including attorney-client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in a federal court proceeding applying [state] law.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland CountiesSanta Clarx Xxxnty, New York, California acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland CountiesCounty, New York, York acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2. (e) All privileges under New York and federal law, including attorney-client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in a federal court proceeding applying New York law.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland CountiesNortheast, New York, Kansas acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2. (e) All privileges under Kansas and federal law, including attorney-client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in a federal court proceeding applying Kansas law.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland CountiesSan Antonio, New York, Texas acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2. (e) All privileges under Texas and federal law, including attorney-client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in a federal court proceeding applying Texas law.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland Counties, New York, Maryland acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2. (e) All privileges under Maryland and federal law, including attorney- client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in a federal court proceeding applying Maryland law.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland Counties, New York, Maryland acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2. (e) All privileges under Maryland and federal law, including attorney-client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in a federal court proceeding applying Maryland law.

Applicable Rules. (a) Each arbitration hearing shall be held at a place in Weschester or Rockland CountiesSt. Lucie County, New York, Florida acceptable to the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association to the extent such rules do not conflict with the terms hereof. The decision of the arbitrator shall be reduced to writing and shall be binding on the parties and such decision shall contain a concise statement of the reasons in support of such decision. Judgment upon the award(s) rendered by the arbitrator may be entered and execution had in any court of competent jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The charges and expenses of the arbitrator shall be shared equally by the parties to the hearing. (b) The arbitration shall commence within ten (10) days after the arbitrator is selected in accordance with the provisions of this Article XI. In fulfilling his duties with respect to determining the amount of any loss, the arbitrator may consider such matters as, in the opinion of the arbitrator, are necessary or helpful to make a proper valuation. The arbitrator may consult with and engage disinterested third parties to advise the arbitrator. The arbitrator shall not add any interest factor reflecting the time value of money to the amount of any loss and shall not award any punitive damages. (c) If the arbitrator selected hereunder should die, resign or be unable to perform his or her duties hereunder, the parties, or such senior judge (or such judge's ’s successor) in the event the parties cannot agree, shall select a replacement arbitrator. The procedure set forth in this Article XI for selecting the arbitrator shall be followed from time to time as necessary. (d) As to any determination of the amount of any loss, or as to the resolution of any other claim, controversy, dispute or disagreement, that under the terms hereof is made subject to arbitration, no lawsuit based on such claimed loss or such resolution shall be instituted by Administrator, or the Group, other than to compel arbitration proceedings or enforce the award of the arbitrator, except as otherwise provided in Section 11.2. (e) All privileges under Florida and federal law, including attorney-client and work-product privileges, shall be preserved and protected to the same extent that such privileges would be protected in a federal court proceeding applying Florida law.