Common use of Arbitration of All Disputes Clause in Contracts

Arbitration of All Disputes. (a) Any controversy or claim arising out of or relating to this Agreement or the breach thereof (including the arbitrability of any controversy or claim), shall be settled by arbitration in the City of Denver in accordance with the laws of the State of Colorado by three arbitrators, one of whom shall be appointed by the Corporation, one by Executive and the third of whom shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 19. The cost of any arbitration proceeding hereunder shall be borne equally by the Corporation and Executive. The award of the arbitrators shall be binding upon the parties. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. (b) If it shall be necessary or desirable for Executive to retain legal counsel and incur other costs and expenses in connection with the enforcement of any or all of his rights under this Agreement, and provided that Executive substantially prevails in the enforcement of such rights, the Corporation shall pay (or Executive shall be entitled to recover from the Corporation, as the case may be) Executive's reasonable attorneys' fees and costs and expenses in connection with the enforcement of his rights including the enforcement of any arbitration award.

Appears in 7 contracts

Samples: Employment Agreement (Intercell International Corp), Employment Agreement (Nanopierce Technologies Inc), Employment Agreement (Nanopierce Technologies Inc)

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Arbitration of All Disputes. (a) Any controversy or claim arising out of or relating to this Agreement or the breach thereof (including the arbitrability of any controversy or claim), shall be settled by arbitration in the City of Denver in accordance with the laws of the New York, State of Colorado New York, by three arbitrators, one of whom shall be appointed by the CorporationCompany, one by the Executive and the third of whom shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 19Section. The cost of any arbitration proceeding hereunder shall be borne equally by the Corporation Company and the Executive. The In the absence of fraud, the award of the arbitrators shall be binding upon the parties. Judgment upon the award rendered by the arbitrators parties and judgment thereon may be entered in any court having jurisdiction thereof. (b) If In the event that it shall be necessary or desirable for the Executive to retain legal counsel and and/or incur other costs and expenses in connection with the enforcement of any or all of his rights under this Agreement, and provided that the Executive substantially prevails in the enforcement of such rights, the Corporation Company shall pay (or the Executive shall be entitled to recover from the CorporationCompany, as the case may be) the Executive's reasonable attorneys' fees and costs and expenses in connection with the enforcement of his rights rights, including the enforcement of any arbitration awardaward up to $50,000 in the aggregate.

Appears in 4 contracts

Samples: Employment Agreement (Glasgal Communications Inc), Employment Agreement (Glasgal Communications Inc), Employment Agreement (Glasgal Communications Inc)

Arbitration of All Disputes. (a) Any controversy or claim arising out of or relating to this Agreement or the breach thereof (including the arbitrability of any controversy or claim), shall be settled by arbitration in the City County of Denver in accordance with the laws of the Nassau, State of Colorado New York, by three arbitrators, one of whom shall be appointed by the CorporationCompany, one by the Executive and the third of whom shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 19Section. The cost of any arbitration proceeding hereunder shall be borne equally by the Corporation Company and the Executive. The award of the arbitrators shall be binding upon the parties. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. (b) If In the event that it shall be necessary or desirable for the Executive to retain legal counsel and and/or incur other costs and expenses in connection with the enforcement of any or all of his rights under this Agreement, and provided that the Executive substantially prevails in the enforcement of such rights, the Corporation Company shall pay (or the Executive shall be entitled to recover from the CorporationCompany, as the case may be) the Executive's reasonable attorneys' fees and costs and expenses in connection with the enforcement of his rights rights, including the enforcement of any arbitration award.

Appears in 2 contracts

Samples: Employment Agreement (Netplex Group Inc), Employment Agreement (Netplex Systems Inc)

Arbitration of All Disputes. (a) Any controversy or claim arising out of or relating to this Agreement or the breach thereof (including the arbitrability of any controversy or claim), shall be settled by arbitration in the City of Denver in accordance with the laws Pittsburgh, Commonwealth of the State of Colorado Pennsylvania, by three arbitrators, one of whom shall be appointed by the CorporationCompany, one by the Executive and the third of whom shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 19Section 12. The cost of any arbitration proceeding hereunder shall be borne equally by the Corporation Company and the Executive. The award of the arbitrators shall be binding upon the parties. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. (b) If In the event that it shall be necessary or desirable for the Executive to retain legal counsel and and/or incur other costs and expenses in connection with the enforcement of any or all of his rights under this Agreement, and provided that the Executive substantially prevails in the enforcement of such rights, the Corporation Company shall pay (or the Executive shall be entitled to recover from the CorporationCompany, as the case may be) the Executive's reasonable attorneys' fees and costs and expenses in connection with the enforcement of his rights rights, including the enforcement of any arbitration award, up to $50,000 in the aggregate.

Appears in 2 contracts

Samples: Employment Agreement (WHX Corp), Employment Agreement (WHX Corp)

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Arbitration of All Disputes. (a) Any controversy or claim arising out of or relating to this Agreement or the breach thereof (including the arbitrability of any controversy or claim), shall be settled by arbitration in the City of Denver in accordance with the laws of the State of Colorado by three arbitrators, one of whom shall be appointed by the Corporation, one by Executive and the third of whom shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 19. The cost of any arbitration proceeding hereunder shall be borne equally by the Corporation and Executive. The award of the arbitrators shall be binding upon the parties. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. (b) If it shall be necessary or desirable for Executive to retain legal counsel and incur other costs and expenses in connection with the enforcement of any or all of his her rights under this Agreement, and provided that Executive substantially prevails in the enforcement of such rights, the Corporation shall pay (or Executive shall be entitled to recover from the Corporation, as the case may be) Executive's reasonable attorneys' fees and costs and expenses in connection with the enforcement of his her rights including the enforcement of any arbitration award.

Appears in 2 contracts

Samples: Employment Agreement (Intercell International Corp), Employment Agreement (Nanopierce Technologies Inc)

Arbitration of All Disputes. (a) Any controversy or claim arising out of or relating to this Agreement or the breach thereof (including the arbitrability of any controversy or claim), shall be settled by arbitration in the City of Denver in accordance with the laws of the New York, State of Colorado New York, by three arbitrators, one of whom shall be appointed by the CorporationCompany, one by the Executive and the third of whom shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 19section. The cost of any arbitration proceeding hereunder shall be borne equally by the Corporation Company and the Executive. The In the absence of fraud, the award of the arbitrators shall be binding upon the parties. Judgment upon the award rendered by the arbitrators parties and judgment thereon may be entered in any court having jurisdiction thereof. (b) If In the event that it shall be necessary or desirable for the Executive to retain legal counsel and and/or incur other costs and expenses in connection with the enforcement of any or all of his rights under this Agreement, and provided that the Executive substantially prevails in the enforcement of such rights, the Corporation Company shall pay (or the Executive shall be entitled to recover from the CorporationCompany, as the case may be) the Executive's reasonable attorneys' fees and costs and expenses in connection with the enforcement of his rights rights, including the enforcement of any arbitration awardaward up to $50,000 in the aggregate.

Appears in 1 contract

Samples: Employment Agreement (Datatec Systems Inc)

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