ARBITRATION AND ATTORNEYS' FEES. Any controversy or claim arising out of or relating to this Agreement, or breach thereof, including without limitation claims against either party, its affiliates employees, professionals, officers or directors shall be settled by binding arbitration in Los Angeles, California, in accordance with the Commercial Rules of the American Arbitration Association. The arbitrator shall be an active member of the California bar. In the proceeding, the arbitrator shall apply California substantive law and the California Evidence Code, except that the arbitrator's authority in awarding damages shall be interpreted under New York law. The arbitrator shall prepare an award in writing, which shall include factual findings and any legal conclusions on which the decision is based. Judgment upon any award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. In any such proceeding, the prevailing party shall be entitled, in addition to any other relief awarded or adjudged, such sum as the Arbitrator(s) may fix as and for reasonable attorneys' fees and costs, and the same shall be included in the award and any judgment.
ARBITRATION AND ATTORNEYS' FEES. Any dispute arising from or relating to this Agreement shall be arbitrated in [__________]. The arbitration shall be administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures, and judgment on any award may be entered in any court of competent jurisdiction. If the Parties agree, a mediator may be consulted prior to arbitration. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys’ fees and costs.
ARBITRATION AND ATTORNEYS' FEES. If a dispute arises between the Parties which the Board of Directors is unable to resolve, the Parties may by mutual agreement submit the dispute to mediation or non-binding arbitration. With respect to any such dispute the Parties agree that each Party shall bear its own attorneys’ fees and costs. Notwithstanding the foregoing, Purchaser and SCPPA recognize and agree that SCPPA’s attorneys’ fees associated with any matter relating to the Project or this Agreement, including any dispute relating thereto, shall constitute a Project cost which shall be allocated and billed as set forth in Sections 4 and 7 of this Agreement.
ARBITRATION AND ATTORNEYS' FEES. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The Joint Venturers shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the Joint Venturers are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the Joint Venturers, or otherwise mutually agreed upon by the Joint Venturers. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other Joint Venturer for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the Joint Venturers, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
ARBITRATION AND ATTORNEYS' FEES. The Parties shall negotiate in good faith and attempt to resolve any dispute, controversy or claim arising out of or relating to this Agreement (a “Dispute”) within 30 days after the date that a Party gives written notice of such Dispute to the other Party. If, after such negotiation, the Dispute remains unresolved, and if the Parties mutually agree, Disputes arising in connection with or under this Agreement, may be finally resolved by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules/Fast Track Procedures. Unless otherwise agreed in writing by the Parties, any Dispute proceeding shall be held in Cumberland County, Maine. If binding arbitration is approved by both Parties in writing, any such decision rendered by the arbitrator shall be final, binding, and non-appealable. If the Parties agree, a mediator may be consulted prior to arbitration. The prevailing party in any dispute arising out of this Agreement shall be entitled to reasonable attorneys’ fees and costs.
ARBITRATION AND ATTORNEYS' FEES. Any controversy or claim arising out of or relating to this Agreement shall be subject to arbitration in Boise, Idaho, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award may be entered by the court having jurisdiction. The prevailing party shall be entitled to recover reasonable attorney's fees from the other party, which fees shall be set by the arbitrator and shall be in addition to any other relief that may be awarded.
ARBITRATION AND ATTORNEYS' FEES. Any dispute or controversy arising under, out of, or in connection with this Agreement shall be resolved by binding arbitration conducted in Kinnelon, New Jersey, in accordance with the rules of the American Arbitration Association. In any arbitration or court proceeding to enforce any arbitration award made pursuant to this section, the prevailing party shall be entitled to recover from the other party its attorneys’ fees and costs.
ARBITRATION AND ATTORNEYS' FEES. If a dispute arises out of or relates to this contract and if said dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation and if that fails, to have the matter decided by binding arbitration. The mediation and arbitration shall be conducted by a judge from Judicial Arbitration and Mediation Service, Inc. (Jams) at Seattle, Washington. If any dispute, litigation or arbitration between the parties arises out of this Agreement, the losing party in such dispute, litigation or arbitration shall pay to the prevailing party all costs of such dispute, including without limitation, costs of arbitration, attorney’s fees, expert witness fees.
ARBITRATION AND ATTORNEYS' FEES. If any dispute arises concerning the rights of either party regarding the terms of this Agreement, the parties shall submit that dispute to arbitration and shall accept as final and binding the decision of the duly selected arbitrator. The dispute shall be arbitrated pursuant to the California Employment Dispute Resolution Rules developed by the American Arbitration Association.
ARBITRATION AND ATTORNEYS' FEES. 1. It is understood that this Servicing Agreement is made in good faith and should there arise, from any unforeseen cause, a difference of opinion or of interpretation of this Servicing Agreement which cannot be settled amicably between the Trustee, the Backup Servicer and the Servicer, such difference or interpretations shall be submitted to a decision of a board of arbitration.
2. The aforementioned board of arbitration shall be composed of two (2) arbitrators and an umpire meeting in the State of Minnesota, unless otherwise agreed to by the Trustee, the Backup Servicer and the Servicer.
3. The members of the board of arbitration shall be active or retired disinterested officials of insurance companies or financial institutions. Each party shall appoint its arbitrator, and the two arbitrators shall choose an umpire before instituting the hearing. If the respondent fails to appoint its arbitrator within thirty (30) days after being requested to do so by the claimant, the latter shall also appoint the second arbitrator. If the two arbitrators fail to agree upon the appointment of an umpire within two (2) weeks after their nominations, each of them shall name three (3), of whom the other shall decline two (2) and the decision shall be made by drawing lots. The claimant shall submit its initial brief within twenty (20) days from appointment of the umpire. The respondent shall submit its brief within twenty (20) days thereafter, and the claimant may submit a reply brief within ten (10) days after filing of the respondent's brief.
4. The board shall make an award with regard to the custom and usage of the business contemplated by this Servicing Agreement. The board shall issue its award in writing based upon a hearing at which evidence may be introduced without following strict rules of evidence but in which cross-examination and rebuttal shall be allowed. The board shall make its award within thirty (30) days following the termination of the hearing unless the parties consent to an extension. A decision by the majority of the members of the board shall become the award of the board and shall be final and binding upon all parties to the proceeding. Either party may apply to the United States District Court, sitting in the State of Minnesota, for an order confirming the award. If such an order is issued, the attorneys' fees of the party so applying and the court cost will be paid by the party against whom confirmation is sought.
5. Each party shall bear the exp...
