Arbitration Matters. Any Dispute Item which has an estimated amount in issue not exceeding $500,000 per Asset may be proposed by the party seeking relief (the “Claimant Party”) for arbitration pursuant to the provisions of this Section 7.6. No more than three Dispute Items may be submitted for any single arbitration, provided that, by mutual agreement pursuant to Section 7.6(c), the parties may agree to submit any Dispute Item(s) to arbitration.
Arbitration Matters. (a) The parties agree that a law firm reasonably acceptable to Buyer and Sellers shall be the sole arbitrator to hear and decide all matters that are subject to arbitration under this Annex I. If no member of that firm is willing or able to serve in such capacity, then the parties agree to designate another mutually acceptable person as the sole arbitrator under this Agreement. If the parties are unable to agree upon the designation of a person as substitute arbitrator, then either Sellers, on the one hand, or Buyer, on the other hand, or Sellers and Buyer together, may in writing request the judge of the United States District Court for the Southern District of Texas senior in term of service to appoint the substitute arbitrator.
(b) Any arbitration hearing shall be held at a place in Houston, Texas acceptable to the arbitrator.
(c) The arbitrator shall settle any dispute referred to in this Annex I in accordance with the Texas General Arbitration Act and the Rules of the American Arbitration Association to the extent such rules do not conflict with the terms of such Act and the terms hereof. The decision of the arbitrator shall be binding upon the parties, and may he enforced in any court of competent jurisdiction. Sellers and Buyer, respectively, shall bear their own legal fees and other costs incurred in presenting their respective cases. The charges and expenses of the arbitrator shall be shared equally by Sellers and Buyer.
Arbitration Matters. 15.1.1 Each of the following is an “Arbitration Matter” following notice from one Party to another Party that a dispute exists as to such matter: (i) disapproval by the Agency of Construction Documents, but not the failure of the Agency to grant a Certificate of Completion (and any consent necessary from the Department of Public Works shall not be governed by this DDA); (ii) the Parties’ failure to reach agreement under Section 11.5 [Proportionality]; (iii) the failure of the Agency Director to Approve an Assignment and Assumption Agreement; (iv) disputes under Articles 17 [Sale of Lots], 19 [Agency Costs] and 24 [Excusable Delay]; (v) the sufficiency of Adequate Security provided under Article 26, but not any disputes regarding the right to call or act upon Adequate Security or the failure of an obligor under any Adequate Security to perform its obligations under the Adequate Security; (vi) the sufficiency of Stadium Assurance provided under Article 5, but not any disputes regarding the right to call or act upon Stadium Assurance or the failure of an obligor under any Stadium Assurance to perform its obligations under the Stadium Assurance; (vii) the amount of the Xxxxx Xxxxxxxx Liquidation Payments as provided in Section 6.2.3(b); (viii) the amount of the Final Public Improvement Cost as provided in Section 26.7; and (ix) disputes under provisions set forth in Exhibits to this DDA that call for or permit arbitration.
15.1.2 Following the receipt of notice of an Arbitration Matter the Parties will have thirty (30) days (or such longer time as they may agree) to attempt to resolve the Arbitration Matter through informal discussions. The Parties agree that the circumstances of such matter make it imperative that the dispute be resolved at the earliest possible date.
Arbitration Matters. (a) Notwithstanding the provisions of Article 12, any dispute arising under each of the following is an “Arbitration Matter” following notice from one Party to another Party that a dispute exists as to such matter: (i) Articles 6 and 10; and (ii) disputes under provisions set forth in Attachments to this Agreement that require or permit arbitration.
(b) Following the receipt of notice of an Arbitration Matter, the Parties will have thirty (30) days (or such longer time as they may agree) to attempt to resolve the Arbitration Matter through informal good faith negotiations. The Parties shall be represented in such negotiations by one or more representatives with decision-making and settlement authority sufficient to resolve the dispute, subject to approval by the Party’s governing authority, where required. The Parties agree that the circumstances of this matter make it imperative that the dispute be resolved at the earliest possible date.
Arbitration Matters. Any Dispute Item which has an estimated amount in issue not exceeding $1,000,000 per Asset may be proposed by the party seeking relief (the “Claimant Party”) for arbitration pursuant to the provisions of this Section 7.6. No more than three Dispute Items may be submitted for any single arbitration, provided that, by mutual Module 1 – Whole Bank w/ Optional Shared Loss Agreements C-25 Central Florida State Bank Version 3.3.1 – COMMERCIAL SHARED-LOSS AGREEMENT Belleview, Florida December 7, 2011 agreement pursuant to Section 7.6(c), the parties may agree to submit any Dispute Item(s) to arbitration.
Arbitration Matters. The arbitration shall be held in New York, New York or such other place as the Parties mutually agree in writing, and the Board shall reach and render a decision in writing in respect of the Dispute. To the extent practicable, decisions of the Board shall be rendered no more than thirty (30) days following the appointment of the Chairman of the Board. The Board shall cause its written decision to be delivered promptly to the Parties. Any decision made by the Board shall be final, binding and conclusive on the Parties and entitled to be enforced to the fullest extent permitted by Applicable Law and entered in any court of competent jurisdiction; provided, however, that (i) by agreeing to arbitration, the Parties do not intend to deprive any court with jurisdiction of its ability to issue a preliminary injunction, attachment or other form of provisional remedy in aid of the arbitration and a request for such provisional remedies by a Party to a court shall not be deemed a waiver of this agreement to arbitrate, and (ii) in addition to the authority conferred upon the Board by the rules specified above, the Board shall also have the authority to grant provisional remedies, including injunctive relief. The Board may award simple interest calculated from the date the Board determines that any amounts due the prevailing Party should have been paid to the prevailing Party until, but excluding, the date of payment, at a rate per annum equal to the rate announced by Citibank, N.A. as its “Base Rate” plus two percent (2%). The Board shall also have the authority to issue interim decisions or awards in the interest of fairness, full disclosure, and a prompt and orderly hearing, decision and award by the Board.
Arbitration Matters. Any Dispute Item which has an estimated amount in issue not exceeding $1,000,000 per Asset may be proposed by the party seeking relief (the “Claimant Party”) for arbitration pursuant to the provisions of this Section 7.6. No more than three Dispute Items may be submitted for any single arbitration, provided that, by mutual Module 1 – Whole Bank w/ Optional Shared Loss Agreements C-25 Plantation Federal Bank Version4.1 – COMMERCIAL SHARED-LOSS AGREEMENT Pawleys Island, SC February 21, 2012 agreement pursuant to Section 7.6(c), the parties may agree to submit any Dispute Item(s) to arbitration.
Arbitration Matters. Any dispute by the parties hereto as to (i) any dispute as to Operating Costs Reimbursement, (ii) the determination of whether or not Landlord owes or should pay any portion of the Landlord’s Construction Allowance, to Tenant under Exhibit B of this Lease, (iii) the determination of the Final Plans under Exhibit B of this Lease, (iv) the determination of whether or not Landlord owes or should pay any portion of the First Additional TI Allowance, to Tenant under Addendum Two of this Lease, and/or (v) the determination of whether or not Landlord owes or should pay any portion of the Second Additional TI Allowance, to Tenant under Addendum Three of this Lease shall be settled by arbitration in accordance with the provisions of this Addendum Six, and any determination as a result thereof shall be binding upon the parties.
Arbitration Matters. To the extent the Dispute is an Arbitration Matter, then either Party may refer such Arbitration Matter to binding arbitration pursuant to Section 20.7.
Arbitration Matters. (a) The parties agree to designate a mutually acceptable person as the sole arbitrator under this Agreement. If the parties are unable to agree upon the designation of a person as substitute arbitrator, then either Seller or Buyer, or both of such parties, may in writing request the judge of the United States District Court for the Northern District of Texas senior in term of service to appoint the substitute arbitrator.
(b) Any arbitration hearing shall be held at a place in Fort Worth, Texas acceptable to the arbitrator.
