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, differences or claims arising out of or in connection with any of the terms and conditions of this agreement or concerning the interpretation of the provisions of this agreement or performance thereof (hereinafter in this Article referred to as a “dispute”).
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. 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. THE PARTIES WAIVE THEIR RIGHT TO ---------------------------------- SEEK REMEDIES IN COURT, INCLUDING ANY RIGHT TO A JURY TRIAL, WITH RESPECT TO ANY DISPUTE CONCERNING DETERMINATION OF THE ADJUSTMENTS TO THE PURCHASE PRICE UNDER SECTIONS 1.3 AND 1.4
ARBITRATION AND DISPUTE RESOLUTION. In the event of any dispute, controversy or claim arising out of or in connection with this Agreement between any or all of the Parties, including any question regarding its existence, validity, interpretation, implementation, alleged breach of terms of this Agreement or anything done or omitted to be done pursuant to this agreement or termination, or the legal relationships established by this Agreement (the “Dispute”), the parties to the dispute (the “Disputing Parties”) shall in the first instance seek to resolve the matter amicably through discussion among them. In the event that the Dispute is unresolved within 10 days of commencement of discussion (or such longer period that may be mutually agreed upon by the Parties to the Dispute in writing) by amicable arrangement and compromise, such Dispute shall be resolved by the arbitration proceedings referred to in Clause 49 and 50.
ARBITRATION AND DISPUTE RESOLUTION. 10.1 If any dispute arises out of or in connection with this Agreement the Parties may at any time, by agreement, refer the dispute for resolution by way of Arbitration.
10.2 If the Parties agree to refer the dispute to Arbitration, each Party:
10.2.1 agrees that the Arbitration will be held in Midrand in accordance with the then current rules of the Arbitration Foundation of South Africa (“AFSA”) (“the Rules”) by 1 (one) arbitrator appointed by agreement between the Parties. If the Parties cannot agree on the arbitrator within a period of 10 (ten) Business Days after the date on which the Parties agreed in writing to refer the dispute to arbitration the arbitrator shall be appointed by the Secretariat of AFSA;
10.2.2 expressly consents to any arbitration in terms hereof being conducted as a matter of urgency; and
10.2.3 irrevocably authorises the other Party to apply, on behalf of both Parties, in writing, to the Secretariat of AFSA, in terms of article 23(1) of the Rules, for the arbitration to be conducted on an urgent basis.
10.3 The decision or award resulting from the arbitration may be made an order of court at the instance of either Party. The Parties hereby irrevocably submit to the jurisdiction of the High Court of the Republic of South Africa should either Party wish to make the arbitrator’s award an order of court.
10.4 There shall be a right of appeal as provided for in article 22 of the Rules.
10.5 The arbitration will be held in camera, in the English language and will be kept confidential by the Parties.
10.6 The provisions of this clause 11 shall not preclude any Party from access to an appropriate court of law for interim relief in the form of an interdict, mandamus or order for specific performance pending the outcome of the arbitration in terms of this clause 11 or in respect of such arbitration, for which purpose the Parties irrevocably submit to the jurisdiction of the High Court of the Republic of South Africa.
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. (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.