Common use of Arbitration of Certain Disputes Clause in Contracts

Arbitration of Certain Disputes. Any Dispute not covered by paragraph 16(a), (b) or (d) shall be resolved by an arbitration proceeding conducted in Albany, NY under the then-prevailing Rules for Commercial Arbitration of the American Arbitration Association (“AAA”). i) The proceeding shall be conducted by one (1) arbitrator, reasonably acceptable to the Parties, who is a patent attorney with at least twenty (20) years of experience in the field of chemical engineering, of which ten (10) years or more have been spent (at least in substantial part) handling licensing transactions. ii) The fees of the mediator and the AAA shall be divided equally between the Parties. iii) The Parties shall cooperate in good faith to proceed to an arbitration hearing within six (6) months after the Demand for Arbitration shall have been filed with the AAA. iv) The arbitrator’s authority shall include the powers, in his/her discretion, to: (1) Permit limited discovery, including production of documents and depositions, to the extent required by the Parties; and (2) Award the prevailing Party its attorneys’ fees and out-of-pocket expenses, including its share of the mediator and AAA fees. v) The decision of the arbitrator shall be confidential, final and binding, and may be entered and enforced in any court of competent jurisdiction.

Arbitration of Certain Disputes. Any Dispute not covered by paragraph 16(a), (b) or (d) shall be resolved by an arbitration proceeding conducted in AlbanyNew York, NY if Cascade initiates the arbitration or Grand Rapids, MI if NaturalNano initiates the arbitration under the then-prevailing Rules for Commercial Arbitration of the American Arbitration Association (“AAA”). i) The proceeding shall be conducted by one (1) arbitrator, reasonably acceptable to the Parties, who is a patent attorney with at least twenty (20) years of experience in the field of chemical engineering, of which ten (10) years or more have been spent (at least in substantial part) handling licensing transactions. ii) The fees of the mediator and the AAA shall be divided equally between the Parties. iii) The Parties shall cooperate in good faith to proceed to an arbitration hearing within six (6) months after the Demand for Arbitration shall have been filed with the AAA. iv) The arbitrator’s authority shall include the powers, in his/her discretion, to: (1) Permit limited discovery, including production of documents and depositions, to the extent required by the Parties; and (2) Award the prevailing Party its attorneys’ fees and out-of-pocket expenses, including its share of the mediator and AAA fees. v) The decision of the arbitrator shall be confidential, final and binding, and may be entered and enforced in any court of competent jurisdiction.

Arbitration of Certain Disputes. Any Dispute not resolved by Section 14.2 covered by paragraph 16(a), (b) or (d) Section 14.1 and 14.2 shall be resolved by an arbitration proceeding conducted in AlbanyBoston, NY MA under the then-prevailing Rules for Commercial Arbitration of the American Arbitration Association (“"AAA”"). i(a) The proceeding shall be conducted by one (1) arbitrator, reasonably acceptable to the Partiesparties, who is a patent attorney with at least twenty (20) years of experience in the field of chemical engineeringelectronics, of which ten (10) years or more have been spent (at least in substantial part) handling licensing transactions. ii(b) The fees of the mediator and the AAA shall be divided equally between the Partiesparties. iii(c) The Parties parties shall cooperate in good faith to proceed to an arbitration hearing within six (6) months after the Demand for Arbitration shall have been filed with the AAA. iv(d) The arbitrator’s authority shall include the powers, in his/her discretion, to: (1i) Permit limited discovery, including production of documents and depositions, to the extent required by the Partiesparties; and (2ii) Award the prevailing Party party its attorneys’ fees and out-of-pocket expenses, including its share of the mediator and AAA fees. v(e) The decision of the arbitrator shall be confidential, final and binding, and may be entered and enforced in any court of competent jurisdiction.

Arbitration of Certain Disputes. Any Dispute not resolved by Section 16.2 covered by paragraph 16(a), (b) or (d) Section 16.1 and 16.2 shall be resolved by an arbitration proceeding conducted in AlbanyBoston, NY MA under the then-prevailing Rules for Commercial Arbitration of the American Arbitration Association (“"AAA”"). i(a) The proceeding shall be conducted by one (1) arbitrator, reasonably acceptable to the Partiesparties, who is a patent attorney with at least twenty (20) years of experience in the field of chemical engineeringelectronics, of which ten (10) years or more have been spent (at least in substantial part) handling licensing transactions. ii(b) The fees of the mediator and the AAA shall be divided equally between the Partiesparties. iii(c) The Parties parties shall cooperate in good faith to proceed to an arbitration hearing within six (6) months after the Demand for Arbitration shall have been filed with the AAA. iv(d) The arbitrator’s authority shall include the powers, in his/her discretion, to: (1i) Permit limited discovery, including production of documents and depositions, to the extent required by the Partiesparties; and (2ii) Award the prevailing Party party its attorneys’ fees and out-of-pocket expenses, including its share of the mediator and AAA fees. v(e) The decision of the arbitrator shall be confidential, final and binding, and may be entered and enforced in any court of competent jurisdiction.