Common use of Appointment of Third Arbitrator Clause in Contracts

Appointment of Third Arbitrator. If a party responds timely to a notice of demand for arbitration under Subsection (3), the two arbitrators shall appoint a third arbitrator who shall be qualified in accordance with subsection (4). Such third arbitrator shall be appointed within seven (7) calendar days of receipt by the party demanding arbitration of notice of response provided for under Subsection (4). If the two arbitrators fail to timely appoint a third arbitrator, the third arbitrator shall be appointed by the parties if they can agree within a period of five (5) calendar days. If the parties cannot timely agree, then either party may request the appointment of such third arbitrator by the Presiding Judge of the Superior Court of King County, Washington, and both parties hereby agree not to raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment; provided that the other party shall not raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment.

Appears in 2 contracts

Samples: Lease Agreement (Go2net Inc), Lease (Infospace Inc)

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Appointment of Third Arbitrator. If a party responds timely to a notice of demand for expedited arbitration under Subsection (3), 2 the two arbitrators shall appoint a third arbitrator who shall be qualified in accordance with subsection (4)3. Such third arbitrator shall be appointed within seven (7) calendar days of receipt by the party demanding arbitration of notice of response provided for under Subsection (4)3. If the two arbitrators fail to timely appoint a third arbitrator, the third arbitrator shall be appointed by the parties if they can agree within a period of five (5) calendar days. If the parties cannot timely agree, then either party may request the appointment of such third arbitrator by the Presiding Judge of the Superior Court of King County, Washington, and both parties hereby agree not to raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment; provided that the other party shall not raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment.

Appears in 1 contract

Samples: Lease Agreement (Onyx Software Corp/Wa)

Appointment of Third Arbitrator. If a party responds timely to a ------------------------------- notice of demand for expedited arbitration under Subsection (3c), the two arbitrators shall appoint a third arbitrator who shall be qualified in accordance with subsection (4d). Such third arbitrator shall be appointed within seven (7) calendar days of receipt by the party demanding arbitration of notice of response provided for under Subsection (4c). If the two arbitrators fail to timely appoint a third arbitrator, the third arbitrator shall be appointed by the parties if they can agree within a period of five (5) calendar days. If the parties cannot timely agree, then either party may request the appointment of such third arbitrator by the Presiding Judge of the Superior Court of King County, Washington, and both parties hereby agree not to raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment; provided that the other party shall not raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment.

Appears in 1 contract

Samples: Lease Agreement (Visio Corp)

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Appointment of Third Arbitrator. If a party responds timely ------------------------------- to a notice of demand for expedited arbitration under Subsection (3c), the two arbitrators shall appoint a third arbitrator who shall be qualified in accordance with subsection (4d). Such third arbitrator shall be appointed within seven (7) calendar days of receipt by the party demanding arbitration of notice of response provided for under Subsection (4c). If the two arbitrators fail to timely appoint a third arbitrator, the third arbitrator shall be appointed by the parties if they can agree within a period of five (5) calendar days. If the parties cannot timely agree, then either party may request the appointment of such third arbitrator by the Presiding Judge of the Superior Court of King County, Washington, and both parties hereby agree not to raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment; provided that the other party shall not raise any question as to the court's full power and jurisdiction to entertain such application and to make such appointment.

Appears in 1 contract

Samples: Lease Agreement (Visio Corp)

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