ARBITRATION AND DISPUTE RESOLUTION. 1. In the event disputes arise between them (other than claims that Employee may have for workers' compensation or unemployment insurance benefits, or claims based on any state or federal law that have been determined by the controlling judicial authority of appropriate jurisdiction not to be arbitrable pursuant to pre-dispute arbitration agreements such as this arbitration provision), both Parties will be bound by this arbitration clause which provides for final and binding arbitration for disputes arising out of or relating to the Employee's employment with the Company, the termination of Employee's employment, and/or any agreements previously or hereafter entered into between Employee and the Company. The parties shall arbitrate such disputes under the most recently issued National Rules for the Resolution of Employment Disputes of the American Arbitration Association. All disputes shall be resolved by a single arbitrator, who shall be an attorney duly admitted to practice in California, selected by the Company and the Employee. Notwithstanding the foregoing, unless otherwise prohibited by applicable law, each party retains the right to file, in a court of competent jurisdiction, an application for provisional injunctive and/or equitable relief in connection with a claim described above as subject to these arbitration provision, including any claims relevant to the application for provisional relief, and shall not be obligated to post a bond or other security in seeking such relief unless specifically required by law.
2. Once the arbitration has commenced, both the Company and the Employee shall have the right to conduct normal civil discovery, the extent and quantity of such shall be subject to the discretion of the selected arbitrator. The arbitrator shall have the exclusive authority to resolve any issues relating to the arbitrability of the dispute or the validity or interpretation of this arbitration provision, to rule on motions to dismiss and/or motions for summary judgment applying the standards governing such motions under the California Code of Civil Procedure, and shall be empowered to award either Party any remedy at law or in equity that the prevailing party would otherwise have been entitled to had the matter been litigated in court. The arbitrator shall issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Judgment on the award rendered by the arbitrator may be entered in any court having jur...
ARBITRATION AND DISPUTE RESOLUTION. The Parties shall use their best efforts to settle amicably all disputes or difference arising out of or in connection with any of the terms and conditions of this Agreement or concerning the interpretation or performance thereof.
ARBITRATION AND DISPUTE RESOLUTION. 16 ARTICLE XI. TERM AND AMENDMENT OF AGREEMENT 17
11.01 Full Termination by XXXX 00 11.01(a) Events of Default 17 11.01(b) MSRC Termination of Resources 17 11.01(c) Reinstatement Option 17 11.02 Covered Entity Termination of Resources 17 11.03 Term of the Agreement 18 11.03(a) Term 18 11.03(b) MSRC Termination of Agreement 18 11.03(c) COMPANY Termination of Agreement 18 11.03(d) Provisions Surviving Termination 18 11.04 Successors and Assigns 18 11.05 Modification and Waiver 19 11.05(a) Prior Understandings and Amendment 19 11.05(b) Waiver 19 12.01 Notices 19 12.02 Counterparts and Severability 19 12.02(a) Counterparts as Originals 19 12.02(b) Enforceability not Impaired 19 12.03 Governing Law 19 12.04 Private Contract 19 12.05 Standard Contract 19 12.06 Usage 19 12.07 Definitions and Defined Terms 20 12.08 COMPANY and Covered Entity Obligations and Rights 20 12.08(a) Covered Entity Obligations 20 12.08(b) Company Performance of Covered Entity Obligations 20 12.08(c) Exercise of Rights 20 12.08(d) References, Employees and Contractors 20 12.08(e) No Rights to Enforce 20 Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9 Defined Terms (12/16/13) Financial Responsibility (3/21/97) Resources and Rates (8/15/11) Acceptable Responder Immunity States (1/1/08) Form of Contractor Indemnification Agreement (Schedule 5 - 9/27/96; Schedule 5A –8/15/11) List of MSRC Integral Subcontractor Service Categories and Indemnified Integral Subcontractors (1/1/08) MSRC Insurance Coverage (1/1/08) List of P&I Clubs (1/1/08) Arbitration Provisions (1/1/08) WSMC Member MSRC Service Agreement - December 16, 2013
ARBITRATION AND DISPUTE RESOLUTION. If a dispute arises between the parties relating to the interpretation or performance of the Agreement or the grounds for the termination thereof, the parties agree to meet to try to resolve the dispute. Such meeting will be attended by individuals with decision-making authority to attempt, in good faith, to negotiate a resolution of the *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the commission. dispute prior to pursuing other available remedies. If, within thirty days after such a meeting, the parties have not succeeded in negotiating a resolution of the dispute, either party may request that such dispute be resolved through final and binding arbitration. Such arbitration will be conducted by three (3) arbitrators familiar with the wireless telecommunications industry and will be held in San Francisco, California, in accordance with the then-current Rules of Conciliation and Arbitration of the American Arbitration Association. Such arbitrators will be selected by mutual agreement of the parties, or failing such agreement, each party will select one arbitrator and the two selected arbitrators will usually agree upon the selection of a third arbitrator. The arbitrators will be bound to apply California law, and where applicable, federal statutory law. The parties will be afforded a reasonable period of time to conduct discovery prior to the arbitration. A court reporter will be present at all arbitration proceedings in order to transcribe them and such transcription will be the official record of such proceedings for purposes of any judicial enforcement or review proceeding. The arbitrators' decision will be binding on the parties and will specify the basis for any award and the types of damages awarded. The parties will bear the cost of such arbitration equally and the prevailing party in any such arbitration will be entitled to reasonable attorneys fees, in addition to any other award ordered by the arbitrators. The prevailing party in any judicial enforcement or review proceeding shall also be entitled to reasonable attorneys' fees and costs, in addition to any other award ordered by the court. If judicial enforcement is sought by either party, judgment may be entered in any court of competent jurisdiction. This Article shall survive any expiration or termination of the Agreement and shall continue to be enforceable in the event of the bankruptcy of a party.
ARBITRATION AND DISPUTE RESOLUTION. 14.1 Where a statutory or accredited ombud has jurisdiction, all disputes falling under the jurisdiction of said ombud shall be referred to the ombud for a recommendation.
14.2 Where there is no ombud as contemplated in 14.1, an Alternative Dispute Resolution Agent referred to herein shall be appointed to mediate the dispute or, by agreement between the Customer and the Service Provider, the dispute will be referred to arbitration as contemplated in 14.3 to 14.6 below.
14.3 The Customer and the Service Provider may agree to refer any dispute arising from or in connection with this agreement to arbitration, which arbitration shall be final and binding on both the Customer and the Service Provider and shall only be subject to Re view by the High Court if one of the established grounds for review exist and under no circumstances shall the arbitrator’s decision be appealed to the High Court or any other body.
14.4 When the Customer and the Service Provider have agreed to refer the matter to arbitration in terms of 14.3 above, in the interests of a speedy and cost effective resolution of the dispute, a short form or expedited form of arbitration shall be adopted and the rules of the arbitration shall not require that any Party prepare and file any documents in a form identical to or similar to that of court pleadings and Heads of Argument. This informality shall not detract from the onus to commence and the burden of proof which shall follow the High Court practice in this respect.
14.5 The arbitrator must be a person agreed upon by the Parties and shall at least hold a tertiary qualification in the technical field of the dispute, except where the dispute relates predominantly to the interpretation of this agreement or any law, regulation, or by-law, in which case the appointed arbitrator shall have at least 10 years practical experience as an attorney in private practice or as an advocate of the High Court.
14.6 Failing the agreement on the appointment of an arbitrator or the rules of the arbitration, an arbitrator must be appointed by the Arbitration Foundation of Southern Africa (AFSA), who shall then finally resolve the dispute in accordance with the rules of the AFSA.
ARBITRATION AND DISPUTE RESOLUTION. Any dispute or controversy, either arising in the future or in existence now, between me and you (including your officers, directors, employees or agents and the introducing broker, if applicable) will be resolved by arbitration conducted before the Financial Industry Regulatory Authority (FINRA), subject to the jurisdiction of the Securities and Exchange Commission (SEC) pursuant to the FINRA Arbitration Code, and in accordance with the Federal Arbitration Act (Title 9 of the United States Code).
ARBITRATION AND DISPUTE RESOLUTION. 25.1 Except as otherwise expressly provided in the Agreement, any dispute, controversy or claim arising out of or relating to the Agreement, its interpretation or enforcement shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association conducted by one arbitrator. The arbitration shall be conducted at Avaya's offices at 211 Mt. Airy Road, Basking Ridge, New Jersey unless otherwise axxxxx xx xxx xxxxxxx. Xxx xxxxxx xx xxx xxxitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction. The arbitrator shall have no authority to modify or expand the Agreement or any of the provisions of this Agreement. The arbitrator is specifically authorized to render partial or summary judgment. Each party will bear its own attorneys' fees associated with the arbitration, and each party shall bear an equal share of all fees, costs and expenses of the arbitrator. The arbitration proceeding and all testimony, filings, documents, and other information produced or given in connection with the arbitration shall be treated as Confidential Information, except as may be necessary to enter any arbitration ruling in a court of competent jurisdiction or as otherwise may be required by law.
25.2 Nothing in the Agreement shall preclude either party from specific performance or other equitable relief, including but not limited to temporary restraining orders and preliminary injunctions, from any court of competent jurisdiction, in order to protect its rights or prevent harm pending the obtaining of an arbitration ruling, nor shall anything herein prevent Avaya from seeking monetary damages from any court of competent jurisdiction for monies owed to it hereunder. Without limiting the foregoing provisions of this Section, Reseller acknowledges that remedies at law, including by means of an arbitration for a breach or threatened breach of any of the covenants contained in Sections 4, 13, 14, 15, 22 and 23 will be inadequate and in the event of a breach or threatened breach of any such covenants, Avaya shall be entitled to an injunction specifically enforcing Reseller's compliance with such.
25.3 The prevailing party in any dispute relating to the Agreement resulting in a final judgment by any court or arbitration panel, including but not limited to actions to collect money owed to Avaya by Reseller, shall be entitled to the payment of all attorneys fees and costs incurred.
ARBITRATION AND DISPUTE RESOLUTION. (a) As a condition of your employment with the Company, you must read, agree to, and sign the Mutual Arbitration Agreement (Arbitration Agreement) enclosed with this letter. By entering into the Arbitration Agreement with the Company, you are agreeing that all disputes between you and the Company will be resolved through mandatory, binding arbitration as outlined in the Arbitration Agreement, and you are waiving your right to sue the Company in court, as well as your right to a jury trial.
(b) If the Arbitration Agreement is, for any reason, invalidated or deemed unenforceable, then you and the Company agree and irrevocably submit to the exclusive jurisdiction and venue of the federal and state courts located in Los Angeles, California in any legal suit, action or proceeding arising out of or based upon your application for employment with the Company, any offer of employment made to you by the Company, your employment by the Company, the breach of any employment agreement, the termination of your employment with the Company, or any other aspect of your relationship with the Company, including claims you may have against the Company or against its officers, directors, supervisors, managers, employees, or agents in their capacity as such or otherwise, or claims that the Company may have against you.
(c) This Agreement shall be construed, governed by and enforced in accordance with the laws of the State of California, without regard to its conflicts of law principles.
ARBITRATION AND DISPUTE RESOLUTION. The parties hereto agree that any and all disputes, claims or controversies arising out of or relating to this Agreement that are not resolved by their mutual agreement shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1, et seq. Either party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of JAMS' Comprehensive Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with JAMS and with one another in selecting an arbitrator from JAMS' panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs. The provisions of this paragraph may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
ARBITRATION AND DISPUTE RESOLUTION. All disputes and controversies that may arise between Client and Xxxxxxx Xxxxx concerning any transaction, or the construction, performance or breach of this or any agreement between Client and Xxxxxxx Xxxxx, shall be resolved in accordance with the “Arbitration and Dispute Resolution” provisions of the separate Client Agreement signed by Client. If, for any reason, the facilities of the self-regulatory organizations named in the Client Agreement are unavailable to the parties, the dispute or controversy shall be resolved by arbitration, pursuant to the rules, then applying, of the American Arbitration Association, except to the extent set forth herein. The arbitration panel shall consist of at least three individuals, with at least one panelist having knowledge of investment advisory activities. The parties agree that any arbitration proceeding pursuant to this provision shall be held in St. Petersburg, Florida and shall be governed by Florida law. The award of the arbitrators shall be final, and judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction. Nothing in this Agreement shall constitute a waiver or limitation of any rights which the Client may have under applicable state or federal law to pursue remedies against Xxxxxxx Xxxxx in other forums, including state and federal courts.
