Common use of Arbitrable Disputes Clause in Contracts

Arbitrable Disputes. (i) All disputes and claims under this Agreement which are designated "Arbitrable Disputes" shall follow the dispute resolution mechanism set forth in this Section. (ii) Where no procedure for invoking this mechanism is set forth in the section in which a particular dispute is designated as an Arbitrable Dispute, such procedure shall be invoked as follows: any party to the dispute (hereinafter, an "Arbitration Party") may invoke the process set forth in this Section 7.11 by written notice (each, an "Arbitration Notice") to the other Arbitration Party, which Arbitration Notice shall set forth in reasonable detail the nature of the Arbitrable Dispute, including, without limitation, the monetary sums which are in dispute. Within ten (10) days from the date of the Arbitration Notice, the other Arbitration Party shall set forth a summary of its version of the dispute ("Answer") in a notice to the Arbitration Party sending the Arbitration Notice. (iii) The Arbitration Parties agree to first attempt to settle any Arbitrable Dispute by mediation ("Mediation") administered in accordance with the Commercial Mediation Rules of the American Arbitration Association, prior to any Arbitration pursuant to Section 7.11(B). (iv) The Mediation shall take place on a date or dates (each, a "Mediation Date") mutually agreed to by the Arbitration Parties, which date(s), unless the Arbitration Parties otherwise agree in writing, shall be no later than thirty (30) days after the date of the Answer. The Mediation shall take place at the office of the Managing General Partner or such other location in the Philadelphia Metropolitan Area as the Arbitration Parties shall mutually agree. (v) The Mediation shall be conducted by a mediator selected by the mutual agreement of the Arbitration Parties (provided, if the Arbitration Parties are unable to agree as to a mediator, the mediator may be selected by a third party meeting the qualifications set forth in Section 7.11(B)(ii) for a third party selecting an arbitrator in the event of a dispute) meeting the qualifications for an Arbitrator (defined later) as set forth in Section 7.11(B)(ii) below. (i) In the event the Arbitrable Dispute is not finally resolved by mutual written agreement of the Arbitration Parties within ten (10) days from the Mediation Date ("Arbitration Commencement Date"), the Arbitrable Dispute shall be resolved by Arbitration pursuant to the provisions of this Section 7.11(B). (ii) Within ten (10) days after the Arbitration Commencement Date, if the Arbitration Parties have not agreed upon an Arbitrator, the General Partners shall each (a) appoint one lawyer actively engaged in the licensed and full-time practice of law (including experience in resolving partnership disputes) in the Philadelphia Metropolitan area for a continuous period immediately preceding the Arbitration Commencement Date of not less than ten (10) years, but who has at no time ever represented or acted on behalf of any of the Arbitration Parties, and (b) deliver written notice of the identity of such lawyer to the other Arbitration Party. In the event that any Arbitration Party fails to so act, such lawyer shall be appointed pursuant to the same procedure that is followed when agreement cannot be reached as to the Arbitrator (as set forth below). Within ten (10) days after such appointment and notice, such lawyers shall appoint a third lawyer of the same qualification and background and shall deliver written notice of the identity of such lawyer and notice of the acceptance by such lawyer of such appointment to each of the Arbitration Parties. Such third lawyer shall be deemed to be the "Arbitrator" as used herein. In the event that agreement cannot be reached on the appointment of an Arbitrator within such period, such appointment and notification shall be made as quickly as possible by any court of competent jurisdiction, by any licensing authority, agency or organization having jurisdiction over such lawyers, by any professional association of lawyers in existence for not less than ten (10) years at the time of such dispute or disagreement and the geographical membership boundaries of which extend to the Philadelphia metropolitan area, or by any arbitration association or organization in existence for not less than ten (10) years at the time of such dispute or disagreement and the geographical boundaries of which extend to the Philadelphia Metropolitan area, as determined by the Arbitration Party giving such Notice of Dispute and simultaneously confirmed in writing delivered by such Arbitration Party to the other Arbitration Party. Any such court, authority, agency, association or organization shall be entitled either to directly select such third lawyer or to designate in writing, delivered to each of the Arbitration Parties, an individual who shall do so. In the event of any subsequent resignation or inability to perform by the Arbitrator, the Arbitrator shall be replaced in accordance with the provisions of this Section 7.11(B)(ii) as if such replacement was an initial appointment to be made under this Section 7.11(B)(ii) within the time constraints set forth in this Section 7.11(B)(ii), measured from the date of notice of such resignation or inability to the person or persons required to make such appointment, with all the attendant consequences of failure to act timely if such appointed person is an Arbitration Party hereto. (iii) Consistent with the provisions of this Section 7.11, the Arbitrator shall utilize his utmost skill and shall apply himself diligently so as to hear and decide the outcome and resolution of any Arbitrable Dispute submitted to the Arbitrator as promptly as possible, but in any event on or before the expiration of ninety (90) days after the appointment of the Arbitrator. The Arbitrator shall not have any liability whatsoever for any acts or omissions performed or omitted in good faith pursuant to the provisions of this Section 7.11(B). (iv) The Arbitrator shall, having in mind the ninety (90) day time limitation set forth above for resolving disputes, (a) enforce and interpret the rights and obligations set forth in this Agreement with respect to the Arbitrable Dispute to the extent not prohibited by law, (b) fix and establish any and all rules as it shall consider appropriate, in its discretion, to govern the proceedings before it, including any and all rules of procedure and/or evidence, and (c) make and issue any and all orders, final or otherwise, and any and all awards, as a court of competent jurisdiction sitting at law or in equity could make and issue, and as it shall consider appropriate in its sole and absolute discretion, including the awarding of monetary damages (but shall not award punitive damages except in situations involving knowing fraud), the awarding of reasonable attorneys' fees and costs to the prevailing Arbitration Party as determined by the Arbitrator, in his discretion, and the issuance of injunctive relief. (v) The Arbitration Parties shall allow and participate in discovery in accordance with the Federal Rules of Civil Procedure for a period of forty-five (45) days after the Arbitration Commencement Date. Unresolved discovery disputes may be brought to the attention of, and resolved by, the Arbitrator. (vi) The Arbitrator shall be compensated for any and all services rendered under this Section 7.11(B) at a rate of compensation equal to the then-prevailing rate for arbitrators of similar experience and qualifications as the Arbitrator, plus reimbursement for any and all expenses incurred in connection with the rendering of such services, payable in full promptly upon conclusion of the proceedings before the Arbitrator. Such compensation and reimbursement shall be borne by the nonprevailing Arbitration Party as determined by the Arbitrator in its sole and absolute discretion.

Arbitrable Disputes. (i) All disputes and claims under this Agreement which are designated as "Arbitrable Disputes" shall follow the dispute resolution mechanism set forth in this Section. (ii) Where no procedure for invoking this mechanism is set forth in the section in which a particular dispute is designated as an Arbitrable Dispute, such procedure shall be invoked as follows: any party to the dispute (hereinafter, an "Arbitration Party") may invoke the process set forth in this Section 7.11 by written notice (each, an "Arbitration Notice") to the other Arbitration Party, which Arbitration Notice shall set forth in reasonable detail the nature of the Arbitrable Dispute, including, without limitation, the monetary sums which are in dispute. Within ten (10) days from the date of the Arbitration Notice, the other Arbitration Party shall set forth a summary of its version of the dispute ("Answer") in a notice to the Arbitration Party sending the Arbitration Notice. (iii) The Arbitration Parties agree to first attempt to settle any Arbitrable Dispute by mediation ("Mediation") administered in accordance with the Commercial Mediation Rules of the American Arbitration Association, prior to any Arbitration pursuant to Section 7.11(B). (iv) The Mediation shall take place on a date or dates (each, a "Mediation Date") mutually agreed to by the Arbitration Parties, which date(s), unless the Arbitration Parties otherwise agree in writing, shall be no later than thirty (30) days after the date of the Answer. The Mediation shall take place at the office of the Managing General Partner or such other location in the Philadelphia Metropolitan Area as the Arbitration Parties shall mutually agree. (v) The Mediation shall be conducted by a mediator selected by the mutual agreement of the Arbitration Parties (provided, if the Arbitration Parties are unable to agree as to a mediator, the mediator may be selected by a third party meeting the qualifications set forth in Section 7.11(B)(ii) for a third party selecting an arbitrator in the event of a dispute) meeting the qualifications for an Arbitrator (defined later) as set forth in Section 7.11(B)(ii) below. (i) In the event the Arbitrable Dispute is not finally resolved by mutual written agreement of the Arbitration Parties within ten (10) days from the Mediation Date ("Arbitration Commencement Date"), the Arbitrable Dispute shall be resolved by Arbitration pursuant to the provisions of this Section 7.11(B). (ii) Within ten (10) days after the Arbitration Commencement Date, if the Arbitration Parties have not agreed upon an Arbitrator, the General Partners shall each (a) appoint one lawyer actively engaged in the licensed and full-time practice of law (including experience in resolving partnership disputes) in the Philadelphia Metropolitan area for a continuous period immediately preceding the Arbitration Commencement Date of not less than ten (10) years, but who has at no time ever represented or acted on behalf of any of the Arbitration Parties, and (b) deliver written notice of the identity of such lawyer to the other Arbitration Party. In the event that any Arbitration Party fails to so act, such lawyer shall be appointed pursuant to the same procedure that is followed when agreement cannot be reached as to the Arbitrator (as set forth below). Within ten (10) days after such appointment and notice, such lawyers shall appoint a third lawyer of the same qualification and background and shall deliver written notice of the identity of such lawyer and notice of the acceptance by such lawyer of such appointment to each of the Arbitration Parties. Such third lawyer shall be deemed to be the "Arbitrator" as used herein. In the event that agreement cannot be reached on the appointment of an Arbitrator within such period, such appointment and notification shall be made as quickly as possible by any court of competent jurisdiction, by any licensing authority, agency or organization having jurisdiction over such lawyers, by any professional association of lawyers in existence for not less than ten (10) years at the time of such dispute or disagreement and the geographical membership boundaries of which extend to the Philadelphia metropolitan area, or by any arbitration association or organization in existence for not less than ten (10) years at the time of such dispute or disagreement and the geographical boundaries of which extend to the Philadelphia Metropolitan area, as determined by the Arbitration Party giving such Notice of Dispute and simultaneously confirmed in writing delivered by such Arbitration Party to the other Arbitration Party. Any such court, authority, agency, association or organization shall be entitled either to directly select such third lawyer or to designate in writing, delivered to each of the Arbitration Parties, an individual who shall do so. In the event of any subsequent resignation or inability to perform by the Arbitrator, the Arbitrator shall be replaced in accordance with the provisions of this Section 7.11(B)(ii) as if such replacement was an initial appointment to be made under this Section 7.11(B)(ii) within the time constraints set forth in this Section 7.11(B)(ii), measured from the date of notice of such resignation or inability to the person or persons required to make such appointment, with all the attendant consequences of failure to act timely if such appointed person is an Arbitration Party hereto. (iii) Consistent with the provisions of this Section 7.11, the Arbitrator shall utilize his utmost skill and shall apply himself diligently so as to hear and decide the outcome and resolution of any Arbitrable Dispute submitted to the Arbitrator as promptly as possible, but in any event on or before the expiration of ninety (90) days after the appointment of the Arbitrator. The Arbitrator shall not have any liability whatsoever for any acts or omissions performed or omitted in good faith pursuant to the provisions of this Section 7.11(B). (iv) The Arbitrator shall, having in mind the ninety (90) day time limitation set forth above for resolving disputes, (a) enforce and interpret the rights and obligations set forth in this Agreement with respect to the Arbitrable Dispute to the extent not prohibited by law, (b) fix and establish any and all rules as it shall consider appropriate, in its discretion, to govern the proceedings before it, including any and all rules of procedure and/or evidence, and (c) make and issue any and all orders, final or otherwise, and any and all awards, as a court of competent jurisdiction sitting at law or in equity could make and issue, and as it shall consider appropriate in its sole and absolute discretion, including the awarding of monetary damages (but shall not award punitive damages except in situations involving knowing fraud), the awarding of reasonable attorneys' fees and costs to the prevailing Arbitration Party as determined by the Arbitrator, in his discretion, and the issuance of injunctive relief. (v) The Arbitration Parties shall allow and participate in discovery in accordance with the Federal Rules of Civil Procedure for a period of forty-five (45) days after the Arbitration Commencement Date. Unresolved discovery disputes may be brought to the attention of, and resolved by, the Arbitrator. (vi) The Arbitrator shall be compensated for any and all services rendered under this Section 7.11(B) at a rate of compensation equal to the then-prevailing rate for arbitrators of similar experience and qualifications as the Arbitrator, plus reimbursement for any and all expenses incurred in connection with the rendering of such services, payable in full promptly upon conclusion of the proceedings before the Arbitrator. Such compensation and reimbursement shall be borne by the nonprevailing Arbitration Party as determined by the Arbitrator in its sole and absolute discretion.

Arbitrable Disputes. (i) All disputes The Company and claims under this Agreement which are designated "Arbitrable Disputes" shall follow the dispute resolution mechanism set forth in this Section. (ii) Where no procedure for invoking this mechanism is set forth in the section in which a particular dispute is designated as an Arbitrable Dispute, such procedure shall be invoked as follows: any party to the dispute (hereinafter, an "Arbitration Party") may invoke the process set forth in this Section 7.11 by written notice (each, an "Arbitration Notice") to the other Arbitration Party, which Arbitration Notice shall set forth in reasonable detail the nature of the Arbitrable Dispute, including, without limitation, the monetary sums which are in dispute. Within ten (10) days from the date of the Arbitration Notice, the other Arbitration Party shall set forth a summary of its version of the dispute ("Answer") in a notice to the Arbitration Party sending the Arbitration Notice. (iii) The Arbitration Parties Executive agree to first attempt to settle resolve any Arbitrable Dispute by mediation claims they may have with each other ("Mediation"except, if either Executive or the Company so elects, any dispute for which injunctive relief is a principal remedy) administered through final and binding arbitration in accordance with the Commercial Mediation Rules Mutual Agreement to Arbitrate Claims previously executed by Executive on September 3, 2013. This arbitration requirement applies to, among other things, disputes about the validity, interpretation, or effect of the American Arbitration Associationthis Release or alleged violations of it, prior to any Arbitration pursuant to Section 7.11(B)claims of discrimination under federal or state law, or other statutory violation claims. (iva) The Mediation Exclusive Remedy: Arbitration in this manner shall take place on be the exclusive remedy for any claim that must be arbitrated pursuant to this section. Should Executive or the Company attempt to resolve such a date claim by any method other than arbitration pursuant to this section, the responding party will be entitled to recover from the initiating party all damages, expenses, and attorneys’ fees incurred as a result of that breach. Initialed: Company __ Executive __ TAKE THIS RELEASE HOME, READ IT, AND CAREFULLY CONSIDER ALL OF ITS PROVISIONS BEFORE SIGNING IT: IT INCLUDES A RELEASE OF KNOWN AND UNKNOWN CLAIMS, AND ITS ARBITRATION-OF-CLAIMS REQUIREMENT WAIVES YOUR RIGHT TO A JURY TRIAL. Dated: Xxxx Xxxxxx Aerojet Rocketdyne, Inc. By: Dated: Name: Title I recognize that disputes may arise between Aerojet Rockctdyne Inc. (“the Company”) and me during or dates following my employment with the Company, and that those differences may or may not be related to my employment. I understand and agree that by entering into this Mutual Agreement to Arbitrate Claims (each, a "Mediation Date") mutually agreed to by the Arbitration Parties, which date(s“Agreement”), unless I anticipate gaining the benefits of a speedy, less-formal, impartial, final and binding dispute-resolution procedure. Except as provided in this Agreement, the Federal Arbitration Parties otherwise agree in writingAct shall govern the interpretation, shall be no later than thirty (30) days after enforcement and all proceedings pursuant to this Agreement. To the date extent that the Federal Arbitration Act is inapplicable, the arbitration law of the Answer. The Mediation state in which I work or last worked for the Company shall take place at the office of the Managing General Partner or such other location in the Philadelphia Metropolitan Area as the Arbitration Parties shall mutually agreeapply. (v) The Mediation shall be conducted by a mediator selected by the mutual agreement of the Arbitration Parties (provided, if the Arbitration Parties are unable to agree as to a mediator, the mediator may be selected by a third party meeting the qualifications set forth in Section 7.11(B)(ii) for a third party selecting an arbitrator in the event of a dispute) meeting the qualifications for an Arbitrator (defined later) as set forth in Section 7.11(B)(ii) below. (i) In the event the Arbitrable Dispute is not finally resolved by mutual written agreement of the Arbitration Parties within ten (10) days from the Mediation Date ("Arbitration Commencement Date"), the Arbitrable Dispute shall be resolved by Arbitration pursuant to the provisions of this Section 7.11(B). (ii) Within ten (10) days after the Arbitration Commencement Date, if the Arbitration Parties have not agreed upon an Arbitrator, the General Partners shall each (a) appoint one lawyer actively engaged in the licensed and full-time practice of law (including experience in resolving partnership disputes) in the Philadelphia Metropolitan area for a continuous period immediately preceding the Arbitration Commencement Date of not less than ten (10) years, but who has at no time ever represented or acted on behalf of any of the Arbitration Parties, and (b) deliver written notice of the identity of such lawyer to the other Arbitration Party. In the event that any Arbitration Party fails to so act, such lawyer shall be appointed pursuant to the same procedure that is followed when agreement cannot be reached as to the Arbitrator (as set forth below). Within ten (10) days after such appointment and notice, such lawyers shall appoint a third lawyer of the same qualification and background and shall deliver written notice of the identity of such lawyer and notice of the acceptance by such lawyer of such appointment to each of the Arbitration Parties. Such third lawyer shall be deemed to be the "Arbitrator" as used herein. In the event that agreement cannot be reached on the appointment of an Arbitrator within such period, such appointment and notification shall be made as quickly as possible by any court of competent jurisdiction, by any licensing authority, agency or organization having jurisdiction over such lawyers, by any professional association of lawyers in existence for not less than ten (10) years at the time of such dispute or disagreement and the geographical membership boundaries of which extend to the Philadelphia metropolitan area, or by any arbitration association or organization in existence for not less than ten (10) years at the time of such dispute or disagreement and the geographical boundaries of which extend to the Philadelphia Metropolitan area, as determined by the Arbitration Party giving such Notice of Dispute and simultaneously confirmed in writing delivered by such Arbitration Party to the other Arbitration Party. Any such court, authority, agency, association or organization shall be entitled either to directly select such third lawyer or to designate in writing, delivered to each of the Arbitration Parties, an individual who shall do so. In the event of any subsequent resignation or inability to perform by the Arbitrator, the Arbitrator shall be replaced in accordance with the provisions of this Section 7.11(B)(ii) as if such replacement was an initial appointment to be made under this Section 7.11(B)(ii) within the time constraints set forth in this Section 7.11(B)(ii), measured from the date of notice of such resignation or inability to the person or persons required to make such appointment, with all the attendant consequences of failure to act timely if such appointed person is an Arbitration Party hereto. (iii) Consistent with the provisions of this Section 7.11, the Arbitrator shall utilize his utmost skill and shall apply himself diligently so as to hear and decide the outcome and resolution of any Arbitrable Dispute submitted to the Arbitrator as promptly as possible, but in any event on or before the expiration of ninety (90) days after the appointment of the Arbitrator. The Arbitrator shall not have any liability whatsoever for any acts or omissions performed or omitted in good faith pursuant to the provisions of this Section 7.11(B). (iv) The Arbitrator shall, having in mind the ninety (90) day time limitation set forth above for resolving disputes, (a) enforce and interpret the rights and obligations set forth in this Agreement with respect to the Arbitrable Dispute to the extent not prohibited by law, (b) fix and establish any and all rules as it shall consider appropriate, in its discretion, to govern the proceedings before it, including any and all rules of procedure and/or evidence, and (c) make and issue any and all orders, final or otherwise, and any and all awards, as a court of competent jurisdiction sitting at law or in equity could make and issue, and as it shall consider appropriate in its sole and absolute discretion, including the awarding of monetary damages (but shall not award punitive damages except in situations involving knowing fraud), the awarding of reasonable attorneys' fees and costs to the prevailing Arbitration Party as determined by the Arbitrator, in his discretion, and the issuance of injunctive relief. (v) The Arbitration Parties shall allow and participate in discovery in accordance with the Federal Rules of Civil Procedure for a period of forty-five (45) days after the Arbitration Commencement Date. Unresolved discovery disputes may be brought to the attention of, and resolved by, the Arbitrator. (vi) The Arbitrator shall be compensated for any and all services rendered under this Section 7.11(B) at a rate of compensation equal to the then-prevailing rate for arbitrators of similar experience and qualifications as the Arbitrator, plus reimbursement for any and all expenses incurred in connection with the rendering of such services, payable in full promptly upon conclusion of the proceedings before the Arbitrator. Such compensation and reimbursement shall be borne by the nonprevailing Arbitration Party as determined by the Arbitrator in its sole and absolute discretion.