Arbitration of Certain Matters. Any dispute or disagreement between the parties relating solely to the amount of royalty payments owing under this Agreement shall be settled by arbitration in New York City under the rules then in effect of the American Arbitration Association. Judgment upon the award may be entered in any court having jurisdiction. No other dispute or disagreement between the parties (including any claim by NBAP that LICENSEE is using the Licensed Marks in a manner not authorized by this Agreement or is otherwise in breach of this Agreement) shall be settled by arbitration. All decisions by NBAP relating to disapproval of any Licensed Product or advertising, promotion or display material shall be final and binding on LICENSEE and shall not be subject to review in any proceeding except in the event LICENSEE claims that NBAP has used the approval process to frustrate the purpose of this Agreement.
Arbitration of Certain Matters. Parent and Spinco agree that any ------------------------------ controversy or dispute concerning any calculation or determination of value or sales arising under Section 2.1(C)(ii) or (iii) hereof shall be settled in arbitration in accordance with the Commercial Rules of the American Arbitration Association then in effect. Such arbitration shall take place in Maryland. Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrators shall not, under any circumstances, have any authority to award punitive, exemplary or similar damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. Nothing contained in this Section 3.1 shall limit or restrict in any way the right or power of a party at any time to seek injunctive relief in any court and to litigate the issues relevant to such request for injunctive relief before such court (i) to restrain the other party from breaching this Agreement, or (ii) for specific enforcement of this Section 3.
1. The parties agree that any legal remedy available to a party with respect to a breach of this Section 3.1 will not be adequate and that, in addition to all other legal remedies, each party is entitled to an order specifically enforcing this Section 3.
1. Neither party nor the arbitrators may disclose the existence or results of any arbitration under this Agreement or any evidence presented during the course of the arbitration without the prior written consent of both parties, except as required to enable enforcement of such results in a court of competent jurisdiction, to fulfill applicable disclosure and reporting obligations, or as otherwise required by agreements with third parties, or by law.
Arbitration of Certain Matters. Host, CCC, Fernwood and Rockledge agree that any controversy or dispute concerning any calculation or determination of value, present values, net operating income, anticipated cash flow, capitalization rate or sales arising under the definition of "Host Leasing Business," "Leased Hotel Equity Value," "Leased Hotel Present Value," "Permitted Full-Service Management Agreement," "Managed Hotel Present Value," or "
Arbitration of Certain Matters. Host, CCC and NCS agree that any controversy or dispute concerning any calculation or determination of value, net cash flows, present values, net operating income, capitalization rate or sales arising under the definition of anticipated cash flow, "Host Leasing Business," "Leased Hotel Equity Value," "Leased Hotel Present Value," "Permitted Full-Service Management Agreement," "Managed Hotel Present Value" or "Managed Hotel Equity Value" in Section 1, or under Section 2C(ii), 3B(iv), 3B(v) or Section 3E, hereof, including without limitation any dispute as to whether a determination of any of the foregoing by CCC is reasonable, shall be settled in arbitration in accordance with the Rules of the American Arbitration Association then in effect. Such arbitration shall take place in Washington, D.C. Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrators shall not, under any circumstances, have any authority to award punitive, consequential, exemplary or similar damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. Nothing contained in this Section 5.1 shall limit or restrict in any way the right or power of a party at any time to seek injunctive relief in any court and to litigate the issues relevant to such request for injunctive relief before such court (i) to restrain the other party from breaching this Agreement, or (ii) for specific enforcement of this Section 5.
Arbitration of Certain Matters. At the election of either party, if any dispute as to the allocation of real estate taxes or operating expenses under Section 6.2, the abatement of Yearly Fixed Rent pursuant to Article 16 or the abatement of Yearly Fixed Rent pursuant to Article 18 remains unresolved 30 days after written complaint by Tenant has been delivered to Landlord as to an allocation, reduction, apportionment or abatement made or proposed by Landlord, the matter may be submitted to binding arbitration pursuant to California Code of Civil Procedure Section 1280 et seq.
Arbitration of Certain Matters. Host Marriott Services and Sodexho Marriott agree that any controversy or dispute concerning any calculation or determination of value or sales arising under Sections 2.c.iii, 2.d.i, 3.c.iii, or 3.d.i hereof shall be settled in arbitration in accordance with the Rules of the American Arbitration Association then in effect. Such arbitration shall take place in Washington, DC. Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitrators shall not, under any circumstances, have any authority to award punitive, exemplary or similar damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. Nothing contained in this Section 4.1 shall limit or restrict in any way the right or power of a party at any time to seek injunctive relief in any court and to litigate the issues relevant to such request for injunctive relief before such court (i) to restrain the other party from breaching this Agreement, or (ii) for specific enforcement of this Section 4.
1. The parties agree that any legal remedy available to a party with respect to a breach of this Section 4.1 will not be adequate and that, in addition to all other legal remedies, each party is entitled to an order specifically enforcing this Section 4.
1. Neither party nor the arbitrators may disclose the existence or results of any arbitration under this Agreement or any evidence presented during the course of the arbitration without the prior written consent of both parties, except as required to fulfill applicable disclosure and reporting obligations, or as otherwise required by agreements with third parties, or by law.
Arbitration of Certain Matters. Except as set forth in Section 15 above, any dispute or claims arising out of or related to
Arbitration of Certain Matters. 20 Article 12
Arbitration of Certain Matters. Host, CCC and NCS agree that any controversy or dispute concerning any calculation or determination of value, present values, net operating income, anticipated cash flow, capitalization rate or sales arising under the definition of "Host Leasing Business," "Leased Hotel Equity Value," "Leased Hotel Present Value," "Permitted Full-Service Management Agreement," "Managed Hotel Present Value," or "
Arbitration of Certain Matters. Landlord, Tenant and Contractor hereby appoint any one of those individuals set forth on Exhibit 2.11 hereof ("Arbitrator") to act as the arbitrator in respect to those disputes specifically set forth in Sections 2.5(c) and 4.1 of this Lease. To the extent that disputes arise among the parties that are not specifically provided in this Lease as being the subject for resolution pursuant to provisions of this Section 2.11, the parties shall be permitted to pursue their respective remedies at law or in equity, except as otherwise limited herein. Landlord and Tenant shall each, in good faith, agree on the substitution (if any) of those individuals set forth on Exhibit 2.11 that Landlord and Tenant desire to act as the Arbitrator in respect to the Expansion Improvements. Such substitution(s) shall be determined by Landlord and Tenant within thirty (30) days following Landlord's receipt of the Expansion Notice, if any. Such substitute individual(s) that may act as the Arbitrator shall have those qualifications and experience (duration, scope and geographic familiarity) that are reasonably similar to that of the individual(s) listed on said Exhibit 2.11 for whom a substitution is being made. When any disputing party desires to submit a dispute set forth in Section 2.5(c) hereof to the Arbitrator for the Arbitrator's binding determination, such disputing party shall notify, in writing, the other party(ies) thereto of such intention and shall identify the individual from Exhibit 2.11 such noticing party selects to act as the Arbitrator. Within five (5) days following such notice, each of the disputing parties shall submit to the Arbitrator and the other disputing party(ies) such party's determination of the manner in which such dispute should be resolved ("Submitted Resolution"). Within five (5) days following the Arbitrator's receipt of the Submitted Resolutions, the Arbitrator shall select one of the Submitted Resolutions that the Arbitrator, in his sole and exclusive judgment, determines appropriate. Such selection shall be binding on the parties to the subject dispute. The party whose Submitted Resolution was not selected shall pay for all of the charges of the Arbitrator in respect to such dispute.
