Common use of Arbitration of Contested Claims Clause in Contracts

Arbitration of Contested Claims. Any Contested Claim which is not settled by the parties as set forth in Section 9.7(b) shall be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor (“J.A.M.S.”) pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq., and that any such arbitration shall be conducted in Boston, Massachusetts. If J.A.M.S. ceases to provide arbitration service, then the term “J.A.M.S.” shall thereafter mean and refer to the American Arbitration Association (“AAA”). Either Acquiror or the Shareholders’ Representative may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties to this Agreement. The arbitration shall be conducted in accordance with the provisions of J.A.M.S’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (or, if J.A.M.S. then means the AAA, the commercial arbitration rules of the AAA then in effect), subject to the provisions of this Section 9.7(c). The parties shall cooperate with J.A.M.S. and with each other in promptly selecting an arbitrator from J.A.M.S.’ panel of neutrals and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they shall participate in the arbitration in good faith and that they shall share in its costs in accordance with this Agreement. The provisions of this Section 9.7(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Any Each of DoveBid, and the OWP ------------------------------- Shareholders agree that any Contested Claim which is not settled by the parties as set forth in Section 9.7(b) shall will be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor (“"J.A.M.S.”) "), pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq., . and that any such arbitration shall will be conducted in BostonSan Mateo County, Massachusetts. If J.A.M.S. ceases to provide arbitration service, then the term “J.A.M.S.” shall thereafter mean and refer to the American Arbitration Association (“AAA”)California. Either Acquiror DoveBid or the Shareholders’ Representative may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties to this Agreement. The arbitration shall will be conducted in accordance with the provisions of J.A.M.S’ ' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (or, if J.A.M.S. then means the AAA, the commercial arbitration rules of the AAA then in effect)arbitration, subject to the provisions of Section 8.8(c) of this Section 9.7(c)Agreement. The parties shall will cooperate with J.A.M.S. and with each other in promptly selecting an arbitrator from J.A.M.S.’ ' panel of neutrals neutrals, and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they shall will participate in the arbitration in good faith faith, and that they shall will share in its costs in accordance with this Agreementsubparagraph (i) below. The provisions of this Section 9.7(c8.8(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall will be entitled to an award of all costs, fees and expenses, including attorneys’ ' fees, to be paid by the party against whom enforcement is ordered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Any Each of At Home, Webshots and ------------------------------- the Webshots Shareholders agree that any Contested Claim which is not settled by the parties as set forth in Section 9.7(b) shall will be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor (“"J.A.M.S.”) "), pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq., . and that any such arbitration shall will be conducted in BostonSan Mateo County, Massachusetts. If J.A.M.S. ceases to provide arbitration service, then the term “J.A.M.S.” shall thereafter mean and refer to the American Arbitration Association (“AAA”)California. Either Acquiror At Home or the Shareholders’ Representative may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties to this Agreement. The arbitration shall will be conducted in accordance with the provisions of J.A.M.S’ 's Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (or, if J.A.M.S. then means the AAA, the commercial arbitration rules of the AAA then in effect)arbitration, subject to the provisions of Section 12.8(c) of this Section 9.7(c)Agreement. The parties shall will cooperate with J.A.M.S. and with each other in promptly selecting an arbitrator from J.A.M.S.’ 's panel of neutrals neutrals, and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they shall will participate in the arbitration in good faith faith, and that they shall will share in its costs in accordance with this Agreementsubparagraph (i) below. The provisions of this Section 9.7(c12.8(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall will be entitled to an award of all costs, fees and expenses, including attorneys’ ' fees, to be paid by the party against whom enforcement is ordered. Judgment Subject to the provisions of subparagraph (vii) below, judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Any Each of Purchaser and the Selling Parties agrees that any Contested Claim which that is not settled by the parties as set forth resolved in accordance with Section 9.7(b11.7(b)(i) shall will be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor (“"J.A.M.S.”) "), pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq., and that any such arbitration shall be conducted in Boston, Massachusetts. If In the event J.A.M.S. ceases to provide arbitration service, then the term “J.A.M.S.” shall "J.A.M.S" will thereafter mean and refer to the American Arbitration Association (“"AAA”"). Either Acquiror Purchaser or the Shareholders’ Representative Seller may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties to this Agreement. The arbitration shall will be conducted in accordance with the provisions of J.A.M.S’ ' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (or, if J.A.M.S. then means the AAA, the commercial arbitration rules of the AAA then in effect), subject to the provisions of Section 11.7(c) of this Section 9.7(c)Agreement. The parties shall will cooperate with J.A.M.S. and with each other in promptly selecting an a single arbitrator from J.A.M.S.’ ' panel of neutrals neutrals, and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they shall will participate in the arbitration in good faith faith, and that they shall will share in its costs in accordance with this Agreementsubparagraph (i) below. The provisions of this Section 9.7(c11.7(c) may be enforced by any court of competent jurisdiction. Subject to the provisions of subparagraph (vii) below, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. Judgment judgment upon the award Final Award or any other final finding rendered by the arbitrator in the arbitration may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Any Contested Claim which that is not settled by the parties as set forth resolved in accordance with Section 9.7(b11.7(b)(i) shall will be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor (“J.A.M.S.”) ), pursuant to the United States Arbitration Act, 9 U.S.C., U.S.C. Section 1 et et. seq., and that any such arbitration shall will be conducted in BostonSanta Xxxxx County, MassachusettsCalifornia. If J.A.M.S. ceases to provide arbitration service, then the term “J.A.M.S.” shall as used in this Agreement will thereafter mean and refer to the American Arbitration Association (“AAA”). Either Acquiror Acquirer or the Shareholders’ Representative may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties to this Agreement. The arbitration shall will be conducted in accordance with the provisions of J.A.M.S’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (or, if J.A.M.S. then means the AAA, the commercial arbitration rules of the AAA then in effect), subject to the provisions of this Section 9.7(c11.7(c). The parties shall will cooperate with J.A.M.S. and with each other in promptly selecting an a single arbitrator from J.A.M.S.’ panel of neutrals and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they shall will participate in the arbitration in good faith and that they shall will share in its costs in accordance with this AgreementSection 11.7(c)(i). The provisions of this Section 9.7(c11.7(c) may be enforced by any court of competent jurisdiction. Subject to the provisions of Section 11.7(c)(vii), and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. Judgment judgment upon the award Final Award or any other final finding rendered by the arbitrator in the arbitration may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Any Contested Claim which that is not settled by the parties as set forth in Section 9.7(b8.5(b) shall be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor (“J.A.M.S.”) pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq., and that any such arbitration shall be conducted in Boston, MassachusettsDelaware. If J.A.M.S. ceases to provide arbitration service, then the term “J.A.M.S.” shall thereafter mean and refer to the American Arbitration Association (“AAA”). Either Acquiror Purchaser or the Shareholders’ Representative Parent may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties party to this Agreement. The arbitration shall be conducted in accordance with the provisions of J.A.M.S’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (or, if J.A.M.S. then means the AAA, the commercial arbitration rules of the AAA then in effect), subject to the provisions of this Section 9.7(c8.5(c). The parties shall cooperate with J.A.M.S. and with each other in promptly selecting an arbitrator from J.A.M.S.’ panel of neutrals and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they shall participate in the arbitration in good faith and that they shall share in its costs in accordance with this Agreement. The provisions of this Section 9.7(c8.5(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Any Contested Claim which against the Indemnity Escrow that is not settled by the parties Parent and the Shareholder Representative as set forth in Section 9.7(b7.5(b) shall be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor (“J.A.M.S.”) pursuant to the United States Federal Arbitration ActAct (“FAA”), 9 U.S.C., Section 1 et seq., and that any such arbitration shall be conducted in BostonNew York, MassachusettsNew York. If J.A.M.S. ceases to provide arbitration service, then the term “J.A.M.S.” shall thereafter mean and refer to the American Arbitration Association (“AAA”). Either Acquiror Parent or the Shareholders’ Shareholder Representative may commence the arbitration process called for by this Agreement Section 7.5 by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties to this Agreementother. The arbitration shall be conducted in accordance with the provisions of J.A.M.S’ J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (or, if J.A.M.S. then means the AAA, the applicable commercial arbitration rules of the AAA then in effect), subject to the provisions of this Section 9.7(c7.5(c). The parties shall cooperate with J.A.M.S. and with each other in promptly selecting an a single arbitrator from J.A.M.S.’ ’s panel of neutrals and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. If the parties do not agree upon the selection of an arbitrator within at least 21 calendar days before the commencement of the arbitration, the arbitrator shall be selected by J.A.M.S. The parties Parent and the Shareholder Representative covenant that they shall participate in the arbitration in good faith and that they Parent, on the one hand, and the Company Holders (through the Sellers’ Expense Fund or, if such fund is depleted, through the Shareholder Representative), on the other hand, shall share in its pay half of the arbitration costs in accordance with this Agreement. The provisions of this Section 9.7(c7.5(c) may be enforced by any court of competent jurisdiction, and . This clause shall not preclude the party parties from seeking enforcement shall be entitled to an award provisional remedies in aid of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. Judgment upon the award rendered by the arbitrator may be entered in any arbitration from a court having competent jurisdiction.

Arbitration of Contested Claims. Any Contested Claim which is not settled by the parties as set forth in Section 9.7(b) shall be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor (“J.A.M.S.”) pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq., and that any such arbitration shall be conducted in BostonSanta Xxxxx County, MassachusettsCalifornia. If J.A.M.S. ceases to provide arbitration service, then the term “J.A.M.S.” shall thereafter mean and refer to the American Arbitration Association (“AAA”). Either Acquiror the Buyer or the Shareholders’ Representative Seller may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties to this Agreement. The arbitration shall be conducted in accordance with the provisions of J.A.M.SJ.A.M.S.’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (or, if J.A.M.S. then means the AAA, the commercial arbitration rules of the AAA then in effect), subject to the provisions of this Section 9.7(c9.6(c). The parties shall cooperate with J.A.M.S. and with each other in promptly selecting an arbitrator from J.A.M.S.’ panel of neutrals and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they shall participate in the arbitration in good faith and that they shall share in its costs in accordance with this Agreement. The provisions of this Section 9.7(c9.6(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Any Contested Claim which that is not settled by the parties as set forth resolved in accordance with Section 9.7(b11.8(b)(i) shall will be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor (“J.A.M.S.”) ), pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq., . and that any such arbitration shall will be conducted in BostonKing County, MassachusettsWashington. If In the event J.A.M.S. ceases to provide arbitration service, then the term “J.A.M.S.” shall will thereafter mean and refer to the American Arbitration Association (“AAA”). Either Acquiror Acquirer or the Shareholders’ Representative may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties to this Agreement. The arbitration shall will be conducted in accordance with the provisions of J.A.M.S’ Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (or, if J.A.M.S. then means the AAA, the commercial arbitration rules of the AAA then in effect), subject to the provisions of this Section 9.7(c11.8(c). The parties shall will cooperate with J.A.M.S. and with each other in promptly selecting an a single arbitrator from J.A.M.S.’ panel of neutrals neutrals, and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they shall will participate in the arbitration in good faith faith, and that they shall will share in its costs in accordance with this Agreementsubparagraph (i) below. The provisions of this Section 9.7(c11.8(c) may be enforced by any court of competent jurisdiction. Subject to the provisions of subparagraph (vii) below, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. Judgment judgment upon the award Final Award (as defined in Section 11.8(c)(iii)) or any other final finding rendered by the arbitrator in the arbitration may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Any Each of Excite@Home, ------------------------------- Worldprints and the Worldprints Shareholders agree that any Contested Claim which is not settled by the parties as set forth in Section 9.7(b) shall will be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor (“"J.A.M.S.”) "), pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq., . and that any such arbitration shall will be conducted in BostonBoulder County, Massachusetts. If J.A.M.S. ceases to provide arbitration service, then the term “J.A.M.S.” shall thereafter mean and refer to the American Arbitration Association (“AAA”)Colorado. Either Acquiror Excite@Home or the Shareholders’ Representative in the case of a Representative Claim, or Excite@Home or the applicable Worldprints Shareholder in the case of an Individual Claim, may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties to this Agreement. The arbitration shall will be conducted in accordance with the provisions of J.A.M.S’ 's Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (or, if J.A.M.S. then means the AAA, the commercial arbitration rules of the AAA then in effect)arbitration, subject to the provisions of Section 11.8(c) of this Section 9.7(c)Agreement. The parties shall will cooperate with J.A.M.S. and with each other in promptly selecting an arbitrator from J.A.M.S.’ 's panel of neutrals neutrals, and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they shall will participate in the arbitration in good faith faith, and that they shall will share in its costs in accordance with this Agreementsubparagraph (i) below. The provisions of this Section 9.7(c11.8(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall will be entitled to an award of all costs, fees and expenses, including attorneys’ ' fees, to be paid by the party against whom enforcement is ordered. Judgment Subject to the provisions of subparagraph (vii) below, judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.