Common use of Arbitration of Contested Claims Clause in Contracts

Arbitration of Contested Claims. Each of DoveBid, and the ------------------------------- Shareholders agree that any Contested Claim will be submitted to mandatory, final and binding arbitration pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq. Either DoveBid or the Representatives may commence the arbitration process called for by this Agreement by sending a written demand for arbitration to each of the other parties to this Agreement. The arbitration will be conducted in accordance with United States Arbitration Act, 9 U.S.C., Section 1 et seq, subject to the provisions of this Section 8.9(c). The parties will cooperate with each other in promptly selecting a single qualified arbitrator with relevant experience in the commercial disputes and California contract law, and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they will participate in the arbitration in good faith, and that they will share in its costs in accordance with subparagraph (i) below. A Contested Claim finally resolved in favor of a party may be satisfied as if such Claim were an Uncontested Claim pursuant to Section 8.9(a). The provisions of this Section 8.9(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement 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.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc)

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Arbitration of Contested Claims. Each of DoveBid, and the ------------------------------- Shareholders agree that any Contested Claim will be submitted to mandatory, final and binding arbitration pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq. Either DoveBid or the Representatives Shareholders may commence the arbitration process called for by this Agreement by sending a written demand for arbitration to each of the other parties to this Agreement. The arbitration will be conducted in accordance with United States Arbitration Act, 9 U.S.C., Section 1 et seq, subject to the provisions of this Section 8.9(c8.8(c). The parties will cooperate with each other in promptly selecting a single qualified arbitrator with relevant experience in the commercial disputes and California contract law, and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they will participate in the arbitration in good faith, and that they will share in its costs in accordance with subparagraph (i) below. A Contested Claim finally resolved in favor of a party may be satisfied as if such Claim were an Uncontested Claim pursuant to Section 8.9(a8.8(a). The provisions of this Section 8.9(c8.8(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement 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.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc)

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