Common use of Arbitration & Judicial Remedies Clause in Contracts

Arbitration & Judicial Remedies. All Disputes between the Parties that are not resolved pursuant to Section 11.1 above within thirty (30) days after a Party's receipt of notice referring the Dispute to the Parties' designated senior representatives shall be submitted upon written request of either Party to binding arbitration as the exclusive remedy for resolving any such Dispute ("Binding Arbitration"). The arbitration shall be conducted in San Xxxx, Puerto Rico, by JAMS under its then-prevailing rules, provided if JAMS shall not then exist then the arbitration shall be conducted by the American Arbitration Association ("AAA") under its then prevailing Commercial Arbitration Rules, including without limitation the AAA Optional Rules for Emergency Measures of Protection. The arbitration shall be decided by a single neutral arbitrator, except that Disputes between the Parties involving specific performance or claims in excess of $500,000 shall be decided by a panel of three neutral arbitrators. Each arbitrator will be an attorney, and at least one arbitrator shall be knowledgeable in the areas of business law. Should COPR and STWC be unable to agree on an arbitrator or arbitrators, COPR and STWC shall each appoint an arbitrator, and the appointed arbitrators shall mutually agree on appointment of the sole arbitrator, or the third arbitrator in the event of a three arbitrator panel. The resolution of any Dispute as determined by the arbitrator(s) in Binding Arbitration shall be binding on all Parties to this Agreement. The obligation of the Parties to resolve any Dispute by compulsory Binding Arbitration, any judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued in such Binding Arbitration (the Parties' agreement to Binding Arbitration, equitable judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued under the applicable arbitration act each shall be "Binding Arbitration Relief") shall be enforceable in accordance with the applicable arbitration act in an action commenced and maintained in the appropriate U.S. District Court ("Federal District Court").

Arbitration & Judicial Remedies. All Disputes between the Parties that are not resolved pursuant to Section 11.1 14.1 above within thirty (30) days after a Partyparty's receipt of notice referring the Dispute to the Parties' designated senior representatives shall be submitted upon written request of either Party to binding arbitration under the Puerto Rico's Arbitration Act ("CAA") as the exclusive remedy for resolving any such Dispute ("Binding Arbitration"). The arbitration shall be conducted in San Xxxx, Puerto Rico, by JAMS under its then-prevailing rules, provided if JAMS shall not then exist then the arbitration shall be conducted by the American Arbitration Association ("AAA") under its then prevailing Commercial Arbitration Rules, including without limitation the AAA Optional Rules for Emergency Measures of Protection. The arbitration shall be decided by a single neutral arbitrator, except that Disputes between the Parties involving specific performance or claims in excess of $500,000 shall be decided by a panel of three neutral arbitrators. Each arbitrator will be an attorney, and at least one arbitrator shall be knowledgeable in the areas of business law. COPR and Manager shall endeavor to agree on the appointment an arbitrator or arbitrators. Should COPR and STWC Manager be unable to agree on an arbitrator or arbitrators, COPR and STWC Manager shall each appoint an arbitrator, and the appointed arbitrators shall mutually agree on appointment of the sole arbitrator, or the third arbitrator in the event of a three arbitrator panel. The resolution of any Dispute as determined by the arbitrator(s) in Binding Arbitration shall be binding on all Parties parties to this Agreement. The obligation of the Parties parties to resolve any Dispute by compulsory Binding Arbitration, any judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued in such Binding Arbitration (the Partiesparties' agreement to Binding Arbitration, equitable judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued under the applicable arbitration act CAA each shall be "Binding Arbitration Relief") shall be enforceable in accordance with the applicable arbitration act CAA in an action commenced and maintained in the appropriate U.S. District Court for the District of Puerto Rico ("Puerto Rico Federal District Court").

Arbitration & Judicial Remedies. All Disputes between the Parties that are not resolved pursuant to Section 11.1 14.1 above within thirty (30) days after a Partyparty's receipt of notice referring the Dispute to the Parties' designated senior representatives shall be submitted upon written request of either Party to binding arbitration under the California's Arbitration Act ("CAA") as the exclusive remedy for resolving any such Dispute ("Binding Arbitration"). The arbitration shall be conducted in San XxxxDiego, Puerto RicoCalifornia, by JAMS under its then-prevailing rules, provided if JAMS shall not then exist then the arbitration shall be conducted by the American Arbitration Association ("AAA") under its then prevailing Commercial Arbitration Rules, including without limitation the AAA Optional Rules for Emergency Measures of Protection. The arbitration shall be decided by a single neutral arbitrator, except that Disputes between the Parties involving specific performance or claims in excess of $500,000 shall be decided by a panel of three neutral arbitrators. Each arbitrator will be an attorney, and at least one arbitrator shall be knowledgeable in the areas of business law. STWCSV and Manager shall endeavor to agree on the appointment an arbitrator or arbitrators. Should COPR STWCSV and STWC Manager be unable to agree on an arbitrator or arbitrators, COPR STWCSV and STWC Manager shall each appoint an arbitrator, and the appointed arbitrators shall mutually agree on appointment of the sole arbitrator, or the third arbitrator in the event of a three arbitrator panel. The resolution of any Dispute as determined by the arbitrator(s) in Binding Arbitration shall be binding on all Parties parties to this Agreement. The obligation of the Parties parties to resolve any Dispute by compulsory Binding Arbitration, any judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued in such Binding Arbitration (the Partiesparties' agreement to Binding Arbitration, equitable judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued under the applicable arbitration act CAA each shall be "Binding Arbitration Relief") shall be enforceable in accordance with the applicable arbitration act CAA in an action commenced and maintained in the appropriate U.S. District Court for the Southern District of California ("California Federal District Court"), provided however, if for any reason said California Federal District Court does not have or abstains from or otherwise declines to exercise jurisdiction of an action seeking Binding Arbitration Relief, the parties thereafter consent to the commencement and maintenance of an action to enforce Binding Arbitration Relief in San Diego Superior Court ("San Diego Superior Court") or if such San Diego Superior Court declines venue then in any California State Superior Court of competent venue and jurisdiction, provided however, if the San Diego Superior Court or any other California State Superior Court does not have or abstains from or otherwise declines to exercise jurisdiction of an action seeking Binding Arbitration Relief, the parties consent to the commencement and maintenance of an action to enforce Binding Arbitration Relief in any U.S. federal or state court with jurisdiction over this matter. Without limiting the foregoing, the parties irrevocably and voluntarily, in the following order of priority: submit to the personal and subject matter jurisdiction of first, the California Federal District Court; second, California State Superior Courts; and third, any U.S. federal or state court having jurisdiction over the matter to the extent allowed by law and this Section 13.3; consent to and waive any objection to venue of an action seeking Binding Arbitration Relief in the courts designated herein; designate Binding Arbitration as the exclusive remedy for any Dispute arising under, out of, or relating to this Agreement; and waive any objection or claim that the arbitrator(s) in Binding Arbitration or the courts designated herein in a Binding Arbitration Relief proceeding should abstain, dismiss, delay, curtail or otherwise defer the exercise of jurisdiction pending the exhaustion of remedies or proceedings in any other court, forum, or tribunal.

Arbitration & Judicial Remedies. All Disputes between the Parties that are not resolved pursuant to Section 11.1 14.1 above within thirty (30) days after a Partyparty's receipt of notice referring the Dispute to the Parties' designated senior representatives shall be submitted upon written request of either Party to binding arbitration under the TBD's Arbitration Act ("CAA") as the exclusive remedy for resolving any such Dispute ("Binding Arbitration"). The arbitration shall be conducted in San XxxxXXX, Puerto RicoXXX, by JAMS TBD under its then-prevailing rules, provided if JAMS TBD shall not then exist then the arbitration shall be conducted by the American Arbitration Association ("AAA") under its then prevailing Commercial Arbitration Rules, including without limitation the AAA Optional Rules for Emergency Measures of Protection. The arbitration shall be decided by a single neutral arbitrator, except that Disputes between the Parties involving specific performance or claims in excess of $500,000 shall be decided by a panel of three neutral arbitrators. Each arbitrator will be an attorney, and at least one arbitrator shall be knowledgeable in the areas of business law. TBDand Manager shall endeavor to agree on the appointment an arbitrator or arbitrators. Should COPR and STWC TBDand Manager be unable to agree on an arbitrator or arbitrators, COPR and STWC TBDand Manager shall each appoint an arbitrator, and the appointed arbitrators shall mutually agree on appointment of the sole arbitrator, or the third arbitrator in the event of a three arbitrator panel. The resolution of any Dispute as determined by the arbitrator(s) in Binding Arbitration shall be binding on all Parties parties to this Agreement. The obligation of the Parties parties to resolve any Dispute by compulsory Binding Arbitration, any judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued in such Binding Arbitration (the Partiesparties' agreement to Binding Arbitration, equitable judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued under the applicable arbitration act CAA each shall be "Binding Arbitration Relief") shall be enforceable in accordance with the applicable arbitration act CAA in an action commenced and maintained in the appropriate U.S. District Court for the District of TBD ("TBD Federal District Court").

Arbitration & Judicial Remedies. All Disputes between the Parties that are not resolved pursuant to Section 11.1 14.1 above within thirty (30) days after a Partyparty's receipt of notice referring the Dispute to the Parties' designated senior representatives shall be submitted upon written request of either Party to binding arbitration under Colorado's Arbitration Act ("CAA") as the exclusive remedy for resolving any such Dispute ("Binding Arbitration"). The arbitration shall be conducted in San XxxxDenver, Puerto RicoColorado, by JAMS under its then-prevailing rules, provided if JAMS shall not then exist then the arbitration shall be conducted by the American Arbitration Association ("AAA") under its then prevailing Commercial Arbitration Rules, including without limitation the AAA Optional Rules for Emergency Measures of Protection. The arbitration shall be decided by a single neutral arbitrator, except that Disputes between the Parties involving specific performance or claims in excess of $500,000 shall be decided by a panel of three neutral arbitrators. Each arbitrator will be an attorney, and at least one arbitrator shall be knowledgeable in the areas of business law. 2600 and Manager shall endeavor to agree on the appointment an arbitrator or arbitrators. Should COPR 2600 and STWC Manager be unable to agree on an arbitrator or arbitrators, COPR 2600 and STWC Manager shall each appoint an arbitrator, and the appointed arbitrators shall mutually agree on appointment of the sole arbitrator, or the third arbitrator in the event of a three arbitrator panel. The resolution of any Dispute as determined by the arbitrator(s) in Binding Arbitration shall be binding on all Parties parties to this Agreement. The obligation of the Parties parties to resolve any Dispute by compulsory Binding Arbitration, any judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued in such Binding Arbitration (the Partiesparties' agreement to Binding Arbitration, equitable judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued under the applicable arbitration act CAA each shall be "Binding Arbitration Relief") shall be enforceable in accordance with the applicable arbitration act CAA in an action commenced and maintained in the appropriate U.S. District Court for the District of Colorado ("Colorado Federal District Court").

Arbitration & Judicial Remedies. All Disputes between the Parties that are not resolved pursuant to Section 11.1 14.1 above within thirty (30) days after a Partyparty's receipt of notice referring the Dispute to the Parties' designated senior representatives shall be submitted upon written request of either Party to binding arbitration under Colorado's Arbitration Act ("CAA") as the exclusive remedy for resolving any such Dispute ("Binding Arbitration"). The arbitration shall be conducted in San XxxxDenver, Puerto RicoColorado, by JAMS under its then-prevailing rules, provided if JAMS shall not then exist then the arbitration shall be conducted by the American Arbitration Association ("AAA") under its then prevailing Commercial Arbitration Rules, including without limitation the AAA Optional Rules for Emergency Measures of Protection. The arbitration shall be decided by a single neutral arbitrator, except that Disputes between the Parties involving specific performance or claims in excess of $500,000 shall be decided by a panel of three neutral arbitrators. Each arbitrator will be an attorney, and at least one arbitrator shall be knowledgeable in the areas of business law. HWH and Manager shall endeavor to agree on the appointment an arbitrator or arbitrators. Should COPR HWH and STWC Manager be unable to agree on an arbitrator or arbitrators, COPR HWH and STWC Manager shall each appoint an arbitrator, and the appointed arbitrators shall mutually agree on appointment of the sole arbitrator, or the third arbitrator in the event of a three arbitrator panel. The resolution of any Dispute as determined by the arbitrator(s) in Binding Arbitration shall be binding on all Parties parties to this Agreement. The obligation of the Parties parties to resolve any Dispute by compulsory Binding Arbitration, any judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued in such Binding Arbitration (the Partiesparties' agreement to Binding Arbitration, equitable judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued under the applicable arbitration act CAA each shall be "Binding Arbitration Relief") shall be enforceable in accordance with the applicable arbitration act CAA in an action commenced and maintained in the appropriate U.S. District Court for the District of Colorado ("Colorado Federal District Court").

Arbitration & Judicial Remedies. All Disputes between the Parties that are not resolved pursuant to Section 11.1 above within thirty (30) days after a Party's receipt of notice referring the Dispute to the Parties' designated senior representatives shall be submitted upon written request of either Party to binding arbitration as the exclusive remedy for resolving any such Dispute ("Binding Arbitration"). The arbitration shall be conducted in San XxxxDenver, Puerto RicoColorado, by JAMS under its then-prevailing rules, provided if JAMS shall not then exist then the arbitration shall be conducted by the American Arbitration Association ("AAA") under its then prevailing Commercial Arbitration Rules, including without limitation the AAA Optional Rules for Emergency Measures of Protection. The arbitration shall be decided by a single neutral arbitrator, except that Disputes between the Parties involving specific performance or claims in excess of $500,000 shall be decided by a panel of three neutral arbitrators. Each arbitrator will be an attorney, and at least one arbitrator shall be knowledgeable in the areas of business law. Should COPR 2600 and STWC be unable to agree on an arbitrator or arbitrators, COPR 2600 and STWC shall each appoint an arbitrator, and the appointed arbitrators shall mutually agree on appointment of the sole arbitrator, or the third arbitrator in the event of a three arbitrator panel. The resolution of any Dispute as determined by the arbitrator(s) in Binding Arbitration shall be binding on all Parties to this Agreement. The obligation of the Parties to resolve any Dispute by compulsory Binding Arbitration, any judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued in such Binding Arbitration (the Parties' agreement to Binding Arbitration, equitable judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued under the applicable arbitration act each shall be "Binding Arbitration Relief") shall be enforceable in accordance with the applicable arbitration act in an action commenced and maintained in the appropriate U.S. District Court ("Federal District Court").

Arbitration & Judicial Remedies. All Disputes between the Parties that are not resolved pursuant to Section 11.1 above within thirty (30) days after a Party's receipt of notice referring the Dispute to the Parties' designated senior representatives shall be submitted upon written request of either Party to binding arbitration as the exclusive remedy for resolving any such Dispute ("Binding Arbitration"). The arbitration shall be conducted in San Xxxx, Puerto RicoTBD, by JAMS TBD under its then-prevailing rules, provided if JAMS TBD shall not then exist then the arbitration shall be conducted by the American Arbitration Association ("AAA") under its then prevailing Commercial Arbitration Rules, including without limitation the AAA Optional Rules for Emergency Measures of Protection. The arbitration shall be decided by a single neutral arbitrator, except that Disputes between the Parties involving specific performance or claims in excess of $500,000 shall be decided by a panel of three neutral arbitrators. Each arbitrator will be an attorney, and at least one arbitrator shall be knowledgeable in the areas of business law. Should COPR TBD and STWC be unable to agree on an arbitrator or arbitrators, COPR TBD and STWC shall each appoint an arbitrator, and the appointed arbitrators shall mutually agree on appointment of the sole arbitrator, or the third arbitrator in the event of a three arbitrator panel. The resolution of any Dispute as determined by the arbitrator(s) in Binding Arbitration shall be binding on all Parties to this Agreement. The obligation of the Parties to resolve any Dispute by compulsory Binding Arbitration, any judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued in such Binding Arbitration (the Parties' agreement to Binding Arbitration, equitable judicial relief to prevent irreparable harm pending completion of Binding Arbitration and issuance of an arbitration award, and any arbitration award issued under the applicable arbitration act each shall be "Binding Arbitration Relief") shall be enforceable in accordance with the applicable arbitration act in an action commenced and maintained in the appropriate U.S. District Court ("Federal District Court").