Arbitration; Legal Proceedings. Landlord shall give prompt notice to each Permitted Leasehold Mortgagee (for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof) of any arbitration or legal proceedings between Landlord and Tenant involving obligations under this Master Lease.
Arbitration; Legal Proceedings. (a) The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement, the breach, termination or validity hereof or the transactions contemplated herein promptly by negotiation between a representative of Buyer and Seller. Either Seller or Buyer may give the other written notice that a dispute exists (a “Notice of Dispute”). The Notice of Dispute shall include a statement of such party's position and the name and title of the representative who will represent such party. Within ten (10) days of the delivery of the Notice of Dispute, a representative from each party hereto shall meet at a mutually acceptable time and place, and thereafter as long as they reasonably deem necessary, to attempt to resolve the dispute. All documents and other information or data on which each party relies concerning the dispute shall be furnished or made available on reasonable terms to the other party at or before the first meeting of the parties as provided by this paragraph.
(b) Except as provided in Section 10.10(d) below, any controversy or claim arising out of or relating to this Agreement, the breach, termination or validity hereof, or the transactions contemplated herein, if not settled by negotiation as provided in paragraph (a) of this Section 10.10, shall be settled by arbitration in accordance with the Commercial Arbitration Rules (“CAR”) of the American Arbitration Association (“AAA”), by one arbitrator selected by mutual agreement of the parties. In the event the parties cannot agree to an arbitrator, the arbitrator shall be selected by the CAR, Selection of Arbitrators. Either party may initiate arbitration by delivering a written election to arbitrate to the other party at any time after twenty (20) days following the delivery of a Notice of Dispute if the dispute has not then been settled by negotiation, or sooner if the other party fails to participate in negotiation in accordance with paragraph (a) above. The arbitration procedure shall be governed by the United States Arbitration Act, 9 U.S.C. Section 1-16 (the “Act”) and shall be held in Houston, Texas, and the award rendered by the arbitrator shall be final and binding on the parties and may be entered in any court having jurisdiction thereof, subject to the court’s authority to modify or review the award as provided in the Act.
(c) Each party shall bear its own costs and shall share equally the fees and expenses of the arbitrator.
(d) Each party hereby acknowledg...
Arbitration; Legal Proceedings. (a) The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement, the breach, termination or validity hereof or the transactions contemplated herein promptly by negotiation between a representative of Buyer and Seller. Either Seller or Buyer may give the other written notice that a dispute exists (a “
Arbitration; Legal Proceedings. Landlord shall give prompt notice to Administrative Agent of any arbitration or legal proceedings between Landlord and Tenant involving obligations or rights under the Lease.
Arbitration; Legal Proceedings. (a) Any controversy, claim, or question of interpretation in dispute between SAB and IB arising out of or relating to this Agreement, or the breach thereof, shall be finally settled by binding arbitration in Palm Beach County, Florida by a single arbitrator under the Rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator may be entered in any U.S. federal or state court in the State of Florida, County of Palm Beach having jurisdiction over this matter. The decision rendered by the arbitrator shall be final and binding on SAB and IB and not subject to further appeal. Such arbitration can be initiated by written notice by either party (the “Claimant”) to the other party, which notice shall identify the Claimant’s selected arbitrator. The party receiving such notice (the “Respondent”) shall have ten (10) Business Days following its receipt of such notice to agree to the arbitrator selected by the Claimant or to suggest another arbitrator and notify the Claimant of such selection. In the event the parties are unable to agree on an arbitrator within ten (10) Business Days thereafter, the American Arbitration Association shall appoint a neutral arbitrator. The arbitrator shall have the authority to award any remedy or relief that a court in Florida could order or grant, including, specific performance of any obligation created under this Agreement, the issuance of injunctive or other provisional relief, or the imposition of sanctions for abuse or frustration of the arbitration process. The arbitration award will be in writing and, if requested by the parties, specify the factual and legal basis for the award.
(b) It is the intent of the parties that any arbitration shall be concluded as quickly as reasonably practicable. Unless the parties otherwise agree, once commenced, the hearing on the disputed matters shall be held four (4) days a week until concluded with each hearing date to begin at 9:00 a.m. and to conclude at 5:00 p.m. The arbitrator shall use all reasonable efforts to issue the final award or awards within a period of five (5) Business Days after closure of the proceedings. Failure of the arbitrator to meet the time limits of this Section 10.11 shall not be a basis for challenging the award.
(c) The arbitrator shall instruct the non-prevailing party to pay all costs of the proceedings, including the fees and expenses of the arbitrators and the reasonable attorneys’ fees and expenses of the prevailing party...
Arbitration; Legal Proceedings. 10.10.1 Any controversy, claim or question of interpretation in dispute between Purchaser, on one hand, and the Sellers, on the other hand (Purchaser, on one hand, and the Sellers, on the other hand, each being referred to in this Section 8.10 as a "party") arising out of or relating to this Agreement or a breach thereof, will be finally settled by arbitration in London, United Kingdom. The arbitration will be conducted pursuant to the Arbitration Act 0000, save that the parties expressly agree that they will give discovery in accordance with English law. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. The award rendered by the arbitrators will be final and binding on the parties and not subject to further appeal. An arbitration will be commenced by written notice by either party (the "Claimant") to the other party, which notice will identify the Claimant's selected arbitrator. The party receiving such notice (the "Respondent") will identify its arbitrator within ten (10) business days following its receipt of such notice. The arbitrator selected by the Claimant and the arbitrator selected by the Respondent will, within ten (10) business days of their appointment, select a third neutral arbitrator. If they are unable to do so, either party may request the President for the time being of the Law Society of England and Wales to appoint the third neutral arbitrator. The arbitrators will have the authority to award any remedy or relief that is available under the Arbitration Act 0000, including specific performance of any obligation created under this Agreement, the grant of injunctive or other provisional relief, or the imposition of penalties for abuse or frustration of the arbitration process. The arbitration award will be in writing and specify the factual and legal basis for the award.
10.10.2 It is the intention of the parties that any arbitration will be concluded as quickly as reasonably practicable. Subject to the availability of the arbitrators, once commenced, the hearing on the disputed matters will be held four days a week until concluded, with each hearing date to begin at 9:00 a.m. and to conclude at 5:00 p.m. The arbitrators will use all reasonable efforts to issue the final award or awards within a period of five business days after the end of the proceedings. Failure of the arbitrators to meet the time limits of this Section 14.10.2 shall not be a basis for challenging the award.
10.10.3 The ...
Arbitration; Legal Proceedings. 51 SHARE PURCHASE AGREEMENT
Arbitration; Legal Proceedings. 53 EXHIBITS Exhibit A - Parent Transfer Agreement Exhibit B - Stock Transfer Agreement Exhibit C - Consulting Agreement Exhibit D-1 - Noncompetition Agreement for Eugexx X. Xxxx Xxxibit D-2 - Noncompetition Agreement for John X. Xxxx Xxxibit E - Opinion of Leonxxx, Xxreet and Deinard Exhibit F - Assumption Agreement Exhibit G - Guaranty Exhibit H - Opinion of King & Spalding Exhibit I - Form of Affidavit ANNEX Annex I - Environmental Reports Annex II - List of Annexes, Schedules and Exhibits STOCK PURCHASE AGREEMENT THIS AGREEMENT, dated as of the 21st day of January, 1997, by and among ROCK-TENN COMPANY, a Georgia corporation ("Purchaser"); EUGEXX X. XXXX, xx individual resident of the State of Florida (the "Individual Shareholder"); EUGEXX X. XXXX, XXRY X. XXXX xxx CAROX X. XXXXX, xx Trustees of The Carox X. Xxxxx 0007 Trust U/A dated December 30, 1987; EUGEXX X. XXXX, XXRY X. XXXX xxx JAMEX X. XXXX, xx Trustees of The Jamex X. Xxxx 0007 Trust U/A dated December 30, 1987; EUGEXX X. XXXX, XXRY X. XXXX xxx JOHN X. XXXX, xx Trustees of the John X. Xxxx Xxxst U/A dated December 30, 1987; and Norwest Bank South Dakota, N.A., as Trustee of The Alternate Distributions Trust for Jamex X. Xxxx, Xxe Alternate Distributions Trust for John X. Xxxx xxx The Alternate Distributions Trust for Carox X. Xxxxx xxxated under The Mary X. Xxxx Xxxily Trust U/A dated July 2, 1985, with Mary X. Xxxx xx Donor (collectively the "Trusts" and together with the Individual Shareholder being hereinafter referred to individually as a "Frey Xxxreholder" and collectively as the "Frey Xxxreholders"); THE ARCHDIOCESE OF SAINT PAUL XXX MINNEAPOLIS CATHOLIC COMMUNITY FOUNDATION and THE SAINT PAUL XXXNDATION (each individually a "Nonprofit Shareholder" and collectively the "Nonprofit Shareholders") (the Individual Shareholder, the Trusts and the Nonprofit Shareholders sometimes being hereinafter referred to as a "Shareholder" and collectively as "Shareholders");
Arbitration; Legal Proceedings. Landlord shall give each Recognized Lender prompt notice of the commencement of any arbitration or legal proceedings between Landlord and Tenant involving obligations under this Lease. Each Recognized Lender shall have the right to intervene in any such proceedings and be made a party to such proceedings, and the parties hereto do consent to such intervention. In the event any Recognized Lender shall not elect to intervene or become a party to any such proceedings, Landlord shall give the Recognized Lender notice of, and a copy of any award or decision made in any such proceedings, which shall be binding on all Recognized Lender s not intervening after receipt of notice of arbitration. In the event Tenant shall fail to appoint an arbitrator after notice from Landlord, as provided in Section 14 below, a Recognized Lender (in order of seniority if there be more than one) shall have an additional period of thirty (30) days after notice by Landlord that Tenant has failed to appoint such arbitrator to make such appointment, and the arbitrator so appointed shall thereupon be recognized in all respects as if the arbitrator had been appointed by Tenant. In addition to the notice requirements in Section 7.2.5, in the event a Recognized Lender commences any judicial or non-judicial action to foreclose its Leasehold Mortgage or otherwise realize upon its security granted therein, written notice of such proceedings shall be provided to Landlord at the same time notice thereof is given Tenant.
Arbitration; Legal Proceedings
