Arbitration and Mediation. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that if the dispute is not resolved by mediation to the satisfaction of the parties, or if the parties are unable to agree upon a mediator, in either case within 30 days after receipt of a demand for mediation, then any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The Parties shall request that the American Arbitration Association provide a list of arbitrators who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s). Further, in selecting the arbitrator(s) from the list of arbitrators, the Parties agree to take into consideration the nature of the matter submitted for arbitration. (Thus, for example, a professional engineer should be selected to arbitrate issues which are primarily engineering in nature and an accountant who is a member of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in nature.) The place of arbitration shall be Dallas County, Texas. The arbitration shall be governed by the Texas Arbitration Act and the laws of the State of Texas. The award shall be made within 12 months of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator(s) for good cause shown, or by mutual agreement of the parties. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Diamondback Energy, Inc.)
Arbitration and Mediation. If In case of a dispute arises from or relates disagreement between the Parties to this contract Agreement as to any right, obligation, term or provision hereof or involving a total disputed amount or claim(s) equal to or greater than $25,000.00, the breach thereof, and if the Parties shall make an xxxxxxx effort to settle such disagreement to their mutual satisfaction. If any such dispute regarding this Agreement cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered reconciled by the American Arbitration Association under its Commercial Mediation Procedures before resorting Parties to arbitrationthis Agreement, then any Party may provide notice to the other specifying with particularity the items of disagreement and a request that the matter be resolved by mediation. The parties further agree that if Such notice shall include the name of a mediator acceptable to the Party requesting mediation. If the dispute is not resolved by mediation to the satisfaction of the partiesParties, or if the parties Parties are unable to agree upon a mediator, in either case within 30 thirty (30) days after receipt of a demand for mediationsuch written notice, then any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, such dispute shall be settled by arbitration administered and the results of such arbitration shall be binding upon all Parties to this Agreement in all respects as set forth below. Arbitration may be initiated by written notice from any Party to this Agreement to the other that the previously noticed dispute has not been resolved by mediation and is being submitted to arbitration under the terms of this Agreement. A single arbitrator shall be chosen by the Parties to the dispute by submitting names of eleven (11) arbitrators experienced in the area of the dispute from a listing of twenty (20) arbitrators supplied by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered Association. Said selection by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The both Parties shall request that take place within ten (10) days after the Parties have received the listing from the American Arbitration Association provide Association. The lists of the Parties shall be compared and the first name to appear on both lists shall be the arbitrator of the dispute. Should either Party fail or refuse to submit a list of eleven arbitrators then the other Party shall select an arbitrator who shall be the sole arbitrator and shall resolve the dispute as set out herein. All arbitrators shall be individuals who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s)arbitrators. Further, in selecting In the arbitrator(s) from the list selection of arbitrators, the Parties agree to shall take into consideration the nature of the matter submitted for arbitration. (Thus, for example, a professional engineer engineers should be selected to arbitrate issues which are primarily engineering in nature and an accountant accountants who is a member are members of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in nature.) The place of arbitration Arbitrations under this paragraph shall be Dallas County, Texasconducted under the Texas Arbitration Statute (Xxxxxx’x Xxx. The arbitration Tex. Civ. St. Arts. 224 to 238-6) and shall apply Texas law. All matters concerning the conduct of the arbitrators shall be governed by the Texas Arbitration Act and the laws provisions of the State of TexasAmerican Arbitration Association. The award No dispute related to this Agreement shall be made within 12 months brought before any court of law or equity; however, judgment upon the filing of award or decision rendered by the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit arbitrators may be extended by the arbitrator(s) for good cause shown, or by mutual agreement of the parties. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, entered in any court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15having jurisdiction.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Legacy Reserves Lp), Purchase and Sale Agreement (St Mary Land & Exploration Co)
Arbitration and Mediation. Where a difference arises between the parties relating to the interpretation, application or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party's appointee to an Arbitration Board. Such notice, in order to be accepted as an appropriate matter for submission to arbitration, must be communicated to either party in writing not more than ten (10) working days subsequent to the written decision of the Committee in Step of the Grievance Procedure. The recipient of the notice shall within five (5) days inform the other party of the name of its appointee to the Arbitration Board. The two appointees so selected shall, within five (5) days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a dispute arises Chairperson within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson governs. The Arbitration Board shall not have jurisdiction to alter, or change any of the provisions of this Agreement, give any decision inconsistent with the terms and provisions of this Agreement nor deal with any matter not covered by this Agreement. The Arbitrator, however, in respect of a grievance involving a penalty, shall be entitled to such penalty in such a way that in the opinion of the Arbitrator is just and equitable. It is agreed that each party will bear the cost of its appointee and bear equally the fees and expenses of the Chairperson. Where the Board deems it necessary to incur other expenses in connection with the case, the Board will consult with the parties and obtain agreement from or relates the parties before making its decision regarding incurring such expenses. Notwithstanding the above, the parties may agree to a sole arbitrator. The parties will bear equally the cost of the sole arbitrator. The time limit fixed for the arbitration procedure may be extended on an individual basis by written consent of both parties to this contract Agreement. Either party may, at the time as filing the notice in Article or within the breach thereoftime limit provided therein, and if serve the dispute cannot be settled through direct discussionsother with a Notice of Intent to Mediate the difference. If the other party agrees to the mediation of the difference, it shall reply in writing within five (5) working days to that effect the parties will proceed to the selection of a mediator as set out below. If the parties agree to endeavor first mediate, the arbitration provisions of this Article shall be held in abeyance until the day the mediation procedure has concluded without a final resolution of the difference, after which the arbitration provisions of this Article will continue, including access to settle expedited arbitration but not to consensual arbitration under the dispute by mediation administered Labour Relations Act The mediator will be selected in rotation from a panel of not less than three persons to be agreed upon by the American Arbitration Association under its Commercial Mediation Procedures before resorting parties in writing. If the mediator next in rotation is unavailable to arbitration. The parties further agree that if mediate the dispute is not resolved by mediation to the satisfaction difference within days of the partiesNotice of Intent to Mediate, or if the next mediator will be contacted, and so on until a mediator is selected who is available within this time frame. If none of the panel is available, and the parties are unable to agree upon a mediatoran alternate, then the arbitration provisions of this Article shall apply unless the parties can otherwise agree in writing. The mediator shall the process and the procedure for mediation which, in either case within 30 days after receipt of a demand for mediationhis or her opinion, then any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The Parties shall request that the American Arbitration Association provide a list of arbitrators who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s). Further, in selecting the arbitrator(s) from the list of arbitrators, the Parties agree to take into consideration best suits the nature of the matter submitted dispute and creates the optimum environment for arbitrationresolution between the parties. (ThusIf the mediator is able to fashion a consensus between the parties, for examplethe mediated settlement shall be reduced to writing, a professional engineer should be selected to arbitrate issues which are primarily engineering in nature and an accountant who is a member final and binding settlement. Any concerns with respect to the interpretation, application or administration of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in nature.) The place of arbitration Settlement shall be Dallas County, Texas. The arbitration shall be governed by referred back to the Texas Arbitration Act and the laws of the State of Texas. The award shall be made within 12 months of the filing of the notice of intention to arbitratemediator for resolution, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by mediator’s determination of the arbitrator(s) for good cause shown, or by mutual agreement of issue is final and binding upon the parties. The arbitrator(s) shall award to Unless the prevailing partyparties agree otherwise, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses mediated settlement does not create a precedent for the disposition of the arbitration, including same issues in the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ feesfuture. The award If the parties are unable to conclude a settlement with the assistance of the arbitrator(s) on the day appointed for that purpose, then the arbitration provisions of this Article shall be accompanied by a reasoned opinionapply unless the parties agreed to continue mediation on additional days with the mediator. During the pendency of any arbitration, this contract is to remain in effect. Further, notwithstanding this arbitration provisionIf both parties are agreed, the Parties consent mediator may be appointed as the arbitrator to hear and determine the exclusive jurisdiction and venue difference in accordance with the requirements of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15.this
Appears in 1 contract
Samples: negotech.labour.gc.ca
Arbitration and Mediation. If a dispute arises from Any dispute, controversy, or relates claim arising between the Employee and the Company relating to this contract or the breach thereof, Agreement shall be submitted to and if settled by arbitration in the dispute cannot be settled through direct discussions, State of Texas and conducted pursuant to the parties agree to endeavor first to settle the dispute by mediation administered by rules then in effect of the American Arbitration Association governing employment disputes, before an arbitrator licensed to practice law in the State of Texas and familiar with employment law disputes (or at any other place or under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that if the dispute is not resolved by mediation any other form of arbitration mutually acceptable to the satisfaction of parties involved); provided, however, that before either party initiates an arbitration proceeding under this paragraph, the parties shall participate in a full-day mediation with a qualified mediator to be agreed upon by the parties. Any award rendered shall be final, conclusive and binding upon the parties, or if the parties are unable to agree upon a mediator, in either case within 30 days after receipt of a demand for mediation, then and any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any the highest court of the forum (state or federal) having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless over the claim amount exceeds $1,000,000, issues addressed in which case the dispute shall be heard by a panel of three arbitratorsarbitration. The Parties shall request that the American Arbitration Association provide a list of arbitrators who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s). Further, in selecting the arbitrator(s) from the list of arbitrators, the Parties agree to take into consideration the nature expense of the matter submitted for arbitration. (Thus, for example, a professional engineer should be selected to arbitrate issues which are primarily engineering in nature and an accountant who is a member of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in nature.) The place of arbitration shall be Dallas County, Texas. The arbitration shall be governed borne equally by the Texas Arbitration Act and the laws of the State of Texas. The award shall be made within 12 months of the filing of the notice of intention parties to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator(s) for good cause shown, or by mutual agreement of the parties. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including provided that each party shall pay for and bear the cost of Employee’s or the Company’s own experts, evidence, and counsel fees, except that, in the discretion of the arbitrator, any award may include the cost of a party’s feescounsel and/or its share of the expense of arbitration, administrative feesif the arbitrator expressly determines that an award of such costs is appropriate to a party whose position prevails in such arbitration. Notwithstanding the provisions of this paragraph, travel expensesthe Company shall be entitled to seek injunctive and other appropriate equitable relief immediately and without submitting the claim to arbitration for any violation, out-of-pocket expenses such as copying attempted violation or proposed violation of paragraphs 7, 8, 9, or 10 of this Agreement. TechnipFMC plc By: /s/ Xxxxx Xxx Date: March 28, 2022 On behalf of TechnipFMC plc Xxxxx Xxx Executive Vice President – People & Culture FMC Technologies, Inc. By: /s/ Xxxxx Xxx Date: March 28, 2022 On behalf of FMC Technologies, Inc. Xxxxx Xxx Executive Vice President – People & Culture Employee has read and telephoneunderstood the Agreement, court costs, witness feessigns the Agreement waiving valuable rights, and attorneys’ feesacknowledges that the Agreement is final and binding. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitrationEmployee: /s/ Xxxxx Xxxxxxxx Date: March 27, this contract is to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15.2022 Xxxxx Xxxxxxxx
Appears in 1 contract
Samples: Claims and Restrictive Covenant Agreement (TechnipFMC PLC)
Arbitration and Mediation. If In case of a dispute arises from or relates disagreement between the Parties to this contract Agreement as to any right, obligation, term or provision hereof or involving a total disputed amount or claim(s) equal to or greater than $25,000.00, the breach thereof, and if the Parties shall make an xxxxxxx effort to settle such disagreement to their mutual satisfaction. If any such dispute regarding this Agreement cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered reconciled by the American Arbitration Association under its Commercial Mediation Procedures before resorting Parties to arbitrationthis Agreement, then any Party may provide notice to the other specifying with particularity the items of disagreement and a request that the matter be resolved by mediation. The parties further agree that if Such notice shall include the name of a mediator acceptable to the Party requesting mediation. If the dispute is not resolved by mediation to the satisfaction of the partiesParties, or if the parties Parties are unable to agree upon a mediator, in either case within 30 thirty (30) days after receipt of a demand for mediationsuch written notice, then any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, such dispute shall be settled by arbitration administered and the results of such arbitration shall be binding upon all Parties to this Agreement in all respects as set forth below. Arbitration may be initiated by written notice from any Party to this Agreement to the other that the previously noticed dispute has not been resolved by mediation and is being submitted to arbitration under the terms of this Agreement. A single arbitrator shall be chosen by the Parties to the dispute by submitting names of eleven (11) arbitrators experienced in the area of the dispute from a listing of twenty (20) arbitrators supplied by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered Association. Said selection by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The both Parties shall request that take place within ten (10) days after the Parties have received the listing from the American Arbitration Association provide Association. The lists of the Parties shall be compared and the first name to appear on both lists shall be the arbitrator of the dispute. Should either Party fail or refuse to submit a list of eleven arbitrators then the other Party shall select an arbitrator who shall be the sole arbitrator and shall resolve the dispute as set out herein. All arbitrators shall be individuals who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s)arbitrators. Further, in selecting In the arbitrator(s) from the list selection of arbitrators, the Parties agree to shall take into consideration the nature of the matter submitted for arbitration. (Thus, for example, a professional engineer engineers should be selected to arbitrate issues which are primarily engineering in nature and an accountant accountants who is a member are members of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in nature.) The place of arbitration Arbitrations under this paragraph shall be Dallas County, Texasconducted under the Texas Arbitration Statute (Xxxxxx'x Xxx. The arbitration Tex. Civ. St. Arts. 224 to 238-6) and shall apply Texas law. All matters concerning the conduct of the arbitrators shall be governed by the Texas Arbitration Act and the laws provisions of the State of TexasAmerican Arbitration Association. The award No dispute related to this Agreement shall be made within 12 months brought before any court of law or equity; however, judgment upon the filing of award or decision rendered by the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit arbitrators may be extended entered in any court having jurisdiction. EXECUTED this 13 day of June, 2006. SELLER: XXXXX HOLDING XX XXXXX & XXXXXXX INVESTMENT LLC, GENERAL PARTNER By: /s/ Xxxxxx X. Xxxxxxx --------------------------------------- Name: Xxxxxx X. Xxxxxxx --------------------------------------- Title: President --------------------------------------- BUYER: LEGACY RESERVES OPERATING LP LEGACY RESERVES OPERATING GP LLC, GENERAL PARTNER By: /s/ Xxxxxx X. Xxxxxx --------------------------------------- Name: Xxxxxx X. Xxxxxx --------------------------------------- Title: President --------------------------------------- STATE OF TEXAS COUNTY OF MIDLAND The foregoing instrument was acknowledged before me this 14th day of June, 2006, by the arbitrator(s) for good cause shownXxxxxx X. Xxxxxxx, or by mutual agreement President of the partiesXxxxx & Xxxxxxx Investment LLC, General Partner of Xxxxx Holding LP a Texas Limited Partnership, on behalf of said limited partnership. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15.My Commission Expires:
Appears in 1 contract
Arbitration and Mediation. If In case of a dispute arises from or relates disagreement between the Parties to this contract Agreement as to any right, obligation, term or the breach thereofprovision hereof, and if the dispute including, without limitation, a Title Disputed Matter, Environmental Disputed Matter, or Accounting Disputed Matter involving a total disputed amount or claim(s) equal to or greater than $25,000.00 that cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered reconciled by the American Arbitration Association under its Commercial Mediation Procedures before resorting Parties as provided herein, then either Party may provide notice to arbitrationthe other specifying with particularity the items of disagreement and a request that the matter be resolved by mediation. The parties further agree that if Such notice shall include the name of a mediator acceptable to the Party requesting mediation. If the dispute is not resolved by mediation to the satisfaction of the partiesParties, or if the parties Parties are unable to agree upon a mediator, in either case within 30 thirty (30) days after receipt of a demand for mediationsuch written notice, then any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, such dispute shall be settled by arbitration administered and the results of such arbitration shall be binding upon both Parties in all respects as set forth below. Arbitration may be initiated by written notice from either Party to the other that the previously noticed dispute has not been resolved by mediation and is being submitted to arbitration under the terms of this Agreement. A single arbitrator shall be chosen by the Parties to the dispute by submitting names of eleven (11) arbitrators experienced in the area of the dispute from a listing of twenty (20) arbitrators supplied by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered Association. Said selection by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The both Parties shall request that take place within ten (10) days after the Parties have received the listing from the American Arbitration Association provide Association. The lists of the Parties shall be compared, and the first name to appear on both lists shall be the arbitrator of the dispute. Should either Party fail or refuse to submit a list of eleven arbitrators, then the other Party shall select an arbitrator who shall be the sole arbitrator and shall resolve the dispute as set out herein. All arbitrators shall be individuals who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s)arbitrators. Further, in selecting In the arbitrator(s) from the list selection of arbitrators, the Parties agree to shall take into consideration the nature of the matter submitted for arbitration. (Thus, for example, a professional engineer engineers should be selected to arbitrate issues which are primarily engineering in nature nature, oil and an accountant gas title attorneys should be selected to arbitrate Title Disputed Matters, environmental attorneys experienced in oil and gas remediation issues should be selected to arbitrate Environmental Disputed Matters, and accountants who is a member are members of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in natureAccounting Disputed Matters.) The place of arbitration Arbitrations under this paragraph shall be Dallas County, Texasconducted under the Texas Arbitration Statute (Xxxxxx’x Xxx. The arbitration Tex. Civ. St. Arts. 224 to 238-6) and shall apply Texas law. All matters concerning the conduct of the arbitrators shall be governed by the Texas Arbitration Act and the laws provisions of the State American Arbitration Association. No dispute related to this Agreement shall be brought before any court of Texaslaw or equity; however, judgment upon the award or decision rendered by the arbitrators may be entered in any court having jurisdiction. Any decision rendered by such arbitrator pursuant hereto shall be final, conclusive and binding on the Parties and will be enforceable against the Parties in any court of competent jurisdiction. The award costs of such arbitrator appointed pursuant to the provisions of this Article 11 shall be made within 12 months borne one-half by Buyer and one-half by Sellers. This Article 11 shall survive the Closing or the termination of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator(s) for good cause shown, or by mutual agreement of the parties. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15Agreement.
Appears in 1 contract
Arbitration and Mediation. (a) Either party, with the agreement of the other party, may submit a grievance to grievance Mediation at any time within ten days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to Arbitration. Grievance mediation will within twenty-one (21) days of the grievance being submitted to mediation, or longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties pay extend the time limits fixed in the grievance procedure. The parties shall agree on a mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be made and legal counsel shall not be used by either party. If a dispute arises from or relates possible, an agreed statement of facts will be provided to this contract or the breach thereofMediator, and if possible, in advance of the dispute cannot be settled through direct discussionsGrievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five days following Grievance Mediation, the parties agree are free to endeavor first submit the matter to settle Arbitration in accordance with the dispute by mediation administered provisions of the collective agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator. Nothing said or done by the American Arbitration Association under its Commercial Mediation Procedures before resorting mediator may be referred to Arbitration. The Union and Employer will share the cost of the Mediator, if any. When either party requests that a grievance be submitted to arbitration, the request shall be in writing addressed to the other party to this Agreement and shall contain the name of the first party's nominee to the Board of Arbitration. The parties further agree that if two so nominated shall endeavour within ten days after the dispute is not resolved by mediation to the satisfaction appointment of the parties, or if second of them to agree upon a third person to act as Chairman of the parties Board of Arbitration. If the nominees are unable to agree upon a mediator, in either case the third person as Chairman within 30 ten days after receipt the appointment of a demand for mediationthe second one of them, then any unresolved controversy or claim arising out either party may request the Labour-Management Arbitration Commission for the Province of or relating Ontario to this contractappoint the third member and Chairman of the Board of Arbitration. The said two arbitrators first appointed shall be at liberty prior to the expiration of ten (10) days from the date of the appointment of the second of them, or breach thereof, shall be settled by arbitration administered by prior to the American Arbitration Association in accordance appointment of the third arbitrator within the said period of ten (10) days to discuss the grievance submitted to them with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) a view to mutual settlement. No person may be entered appointed as an arbitrator who has been involved in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless an attempt to negotiate or settle the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The Parties shall request that the American Arbitration Association provide a list of arbitrators who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s). Further, in selecting the arbitrator(s) from the list of arbitrators, the Parties agree to take into consideration the nature of the matter submitted for arbitration. (Thus, for example, a professional engineer should be selected to arbitrate issues which are primarily engineering in nature and an accountant who is a member of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in natureparticular grievance concerned.) The place of arbitration shall be Dallas County, Texas. The arbitration shall be governed by the Texas Arbitration Act and the laws of the State of Texas. The award shall be made within 12 months of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator(s) for good cause shown, or by mutual agreement of the parties. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15.
Appears in 1 contract
Samples: Collective Agreement
Arbitration and Mediation. If In the event of a dispute arises from dispute, controversy, or relates claim (the "Dispute") arising between the Companies in connection with this Letter, any such Dispute shall be submitted to this contract and settled by arbitration in the City of San Antonio, Texas, pursuant to the American Arbitration Association rules then in effect, unless prior to arbitration another location or mediation is mutually acceptable to the breach thereofCompanies. Any award rendered under arbitration shall be final and conclusive upon the parties, and the judgment thereon may be entered in the highest court of the forum (state or federal) having jurisdiction over the issues addressed in the arbitration. The expense of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence, and attorneys fees, except that, in the discretion of the arbitrator, any award may include the cost of a party's counsel and/or its share of the expenses of arbitration, if the dispute cannot be settled through direct discussionsarbitrator expressly determines that an award of such costs is appropriate to a party whose position prevails in such arbitration. To submit a matter to arbitration or mediation, the parties agree party seeking redress ("Plaintiff") shall provide Notice in writing to endeavor first to settle the dispute party against whom such redress is sought ("Defendant"). The Notice shall describe the nature of such claim, the provision of this Letter allegedly violated by mediation administered the Defendant, and the material facts surrounding such claim. Unless expressly prohibited by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitrationrules, the Plaintiff shall appoint one arbitrator and the Defendant shall appoint one arbitrator. The parties further agree that if the dispute is not resolved by mediation to the satisfaction Companies shall appoint such arbitrators within thirty (30) days of the partiesdate of the foregoing described Notice. Within thirty (30) days of appointment, or if such arbitrators shall appoint a third arbitrator. Within thirty (30) days of the parties are unable to agree upon a mediatorappointment of the foregoing described arbitrators, in either case within 30 days after receipt of a demand the Companies shall hold an arbitration hearing before such arbitrators. Unless expressly prohibited by the rules for mediation, then any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Association, at such arbitration hearing the Texas Rules and judgment on of Evidence shall control the award rendered by admissibility of evidence. Within ten (10) days of the arbitrator(s) may be entered in any court having jurisdiction thereofconclusion of such arbitration hearing, the arbitrators shall render a written decision. Claims The decision of the arbitrators shall be heard by a single arbitratorbinding upon the Plaintiff and Defendant and after the completion of such arbitration, unless the claim amount exceeds $1,000,000, in which case Plaintiff or Defendant may institute litigation for the dispute shall be heard by a panel sole purpose of three arbitratorsenforcing the determination of the arbitration hearing. The Parties above notwithstanding, any party seeking redress for a Dispute shall request that always have the American Arbitration Association provide a list of arbitrators who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s). Further, in selecting the arbitrator(s) from the list of arbitrators, the Parties agree right to take into consideration the nature of the matter submitted for arbitration. (Thus, for example, a professional engineer should be selected to arbitrate issues which are primarily engineering in nature and an accountant who is a member of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in nature.) The place of arbitration shall be Dallas County, Texas. The arbitration shall be governed by the Texas Arbitration Act and the laws of the State of Texas. The award shall be made within 12 months of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator(s) for good cause shown, or by mutual agreement of the parties. The arbitrator(s) shall award to the prevailing partyobtain temporary injunctive relief, if anynecessary, as determined by without first submitting the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is Dispute to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15hereunder.
Appears in 1 contract
Samples: Powercold Corp
Arbitration and Mediation. If Where a dispute difference arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, between the parties agree relating to endeavor the interpretation, application or administration of this Agreement, including any question as to whether a matter is or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the first party’s appointee to settle the dispute by mediation administered by the American an Arbitration Association under its Commercial Mediation Procedures before resorting Board. Such notice, in order to be accepted as an appropriate matter for submission to arbitration, must be communicated to either party in writing not more than ten working days subsequent to the written decision of the Management Committee in Step 4 of the Grievance Procedure. The parties further agree that if recipient of the dispute is not resolved by mediation notice shall within five working days inform the other party of the name of its appointee to the satisfaction Arbitration Board. The two appointees so selected shall, within five working days of the partiesappointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the parties are unable two appointees fail to agree upon a mediatorChairperson within the time limited, the appointment made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority, the decision of the Chairperson governs. The Arbitration Board shall not have jurisdiction to alter, or change any of the provisions of this Agreement, give any decision inconsistent with the terms and provisions of this Agreement nor deal with any matter not covered by this Agreement. The Arbitrator, however, in either case within 30 days after receipt respect of a demand for mediation, then any unresolved controversy or claim arising out of or relating to this contract, or breach thereofgrievance involving a penalty, shall be settled by arbitration administered by entitled to modify such penalty in such a way that in the American Arbitration Association opinion of the Arbitrator is just and equitable. It is agreed that each party will bear the cost of its appointee and bear equally the fees and expenses of the Chairperson. Where the Board deems it necessary to incur other expenses in accordance connection with the case, the Board will consult with the parties and obtain agreement from the parties before making its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitratorsdecision regarding incurring such expenses. The Parties shall request that the American Arbitration Association provide a list of arbitrators who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s). Further, in selecting the arbitrator(s) from the list of arbitrators, the Parties agree to take into consideration the nature of the matter submitted for arbitration. (Thus, for example, a professional engineer should be selected to arbitrate issues which are primarily engineering in nature and an accountant who is a member of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in nature.) The place of arbitration shall be Dallas County, Texas. The arbitration shall be governed by the Texas Arbitration Act and the laws of the State of Texas. The award shall be made within 12 months of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit fixed for the arbitration procedure may be extended on an individual basis by the arbitrator(s) for good cause shown, or by mutual agreement written consent of the parties. The arbitrator(s) shall award both parties to the prevailing party, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15Agreement.
Appears in 1 contract
Samples: Agreement
Arbitration and Mediation. If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that if the dispute is not resolved by mediation to the satisfaction of the parties, or if the parties are unable to agree upon a mediator, in either case within 30 days after receipt of a demand for mediation, then any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator, unless the claim amount exceeds $1,000,000, in which case the dispute shall be heard by a panel of three arbitrators. The Parties shall request that the American Arbitration Association provide a list of arbitrators who have had prior experience in oil and gas exploration and production and who shall function as independent and neutral arbitrator(s). Further, in selecting the arbitrator(s) from the list of arbitrators, the Parties agree to take into consideration the nature of the matter submitted for arbitration. (Thus, for example, a professional engineer should be selected to arbitrate issues which are primarily engineering in nature and an accountant who is a member of the Council of Petroleum Accountants Societies should be selected to arbitrate matters which are primarily accounting in nature.) The place of arbitration shall be Dallas County, Texas. The arbitration shall be governed by the Texas Arbitration Act and the laws of the State of Texas. The award shall be made within 12 months of the filing of the notice of intention to arbitrate, and the arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator(s) for good cause shown, or by mutual agreement of the parties. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator(s), all of their costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees. The award of the arbitrator(s) shall be accompanied by a reasoned opinion. During the pendency of any arbitration, this contract is to remain in effect. Further, notwithstanding this arbitration provision, the Parties consent to the exclusive jurisdiction and venue of the state courts located in Midland County, Texas for the resolution of any claims for specific performance or interim injunctive relief as provided for in Section 12.15.. Purchase and Sale Agreement #2
Appears in 1 contract
Samples: Purchase and Sale Agreement (Diamondback Energy, Inc.)
