Common use of Arbitration Upon Determination of Non-Entitlement Clause in Contracts

Arbitration Upon Determination of Non-Entitlement. If a determination is made that the Trustee is not entitled to indemnification or advancement of Expenses pursuant to Sections 2 through 4(e) above, the Trustee shall be entitled to an adjudication of the Trustee’s entitlement to such indemnification or advancement by a single arbitrator appointed by the American Arbitration Association, Los Angeles City Office, in an arbitration conducted pursuant to that Association’s then-existing commercial arbitration rules. The Trustee shall commence such arbitration seeking an adjudication within one year following the date on which the Trustee receives the determination denying indemnification or advancement. In any such proceeding, the Trustee and the Fund shall be bound by the determination of the arbitrator, subject to rights of appeal to a court of competent jurisdiction to review such an arbitration award and to vacate such an award only on one or more of the bases set forth in Sections 10 and 11 of the Federal Arbitration Act, 9 U.S.C. Sections 10 and 11. The Fund shall advance the costs of such an arbitration to the American Arbitration Association but the arbitrator shall, as part of the award, make a final award of such costs (including arbitrator’s fees) to the prevailing party in the arbitration.

Arbitration Upon Determination of Non-Entitlement. If a determination is made that the Trustee is not entitled to indemnification or advancement of Expenses pursuant to Sections 2 through 4(e4(c) above, the Trustee shall be entitled to an adjudication of the Trustee’s 's entitlement to such indemnification or advancement by a single arbitrator appointed by the American Arbitration Association, Los Angeles New York City Office, in an arbitration conducted pursuant to that Association’s 's then-existing commercial arbitration rules. The Trustee shall commence such arbitration seeking an adjudication within one year following the date on which the Trustee receives the determination denying indemnification or advancement. In any such proceeding, the Trustee and the Fund Trust shall be bound by the determination of the arbitrator, subject to rights of appeal to a court of competent jurisdiction to review such an arbitration award and to vacate such an award only on one or more of the bases set forth in Sections 10 and 11 of the Federal Arbitration Act, 9 U.S.C. Sections 10 and 11. The Fund Trust shall advance the costs of such an arbitration to the American Arbitration Association but the arbitrator shall, as part of the award, make a final award of such costs (including arbitrator’s 's fees) to the prevailing party in the arbitration.

Arbitration Upon Determination of Non-Entitlement. If a determination is made that the Trustee Director is not entitled to indemnification or advancement of Expenses pursuant to Sections 2 through 4(e) above, the Trustee Director shall be entitled to an adjudication of the TrusteeDirector’s entitlement to such indemnification or advancement by a single arbitrator appointed by the American Arbitration Association, Los Angeles City Office, in an arbitration conducted pursuant to that Association’s then-existing commercial arbitration rules. The Trustee Director shall commence such arbitration seeking an adjudication within one year following the date on which the Trustee Director receives the determination denying indemnification or advancement. In any such proceeding, the Trustee Director and the Fund Company shall be bound by the determination of the arbitrator, subject to rights of appeal to a court of competent jurisdiction to review such an arbitration award and to vacate such an award only on one or more of the bases set forth in Sections 10 and 11 of the Federal Arbitration Act, 9 U.S.C. Sections 10 and 11. The Fund Company shall advance the costs of such an arbitration to the American Arbitration Association but the arbitrator shall, as part of the award, make a final award of such costs (including arbitrator’s fees) to the prevailing party in the arbitration.

Arbitration Upon Determination of Non-Entitlement. If a determination is made that the Trustee Director is not entitled to indemnification or advancement of Expenses pursuant to Sections 2 through 4(e) above, the Trustee Director shall be entitled to an adjudication of the TrusteeDirector’s entitlement to such indemnification or advancement by a single arbitrator appointed by the American Arbitration Association, Los Angeles City Office, in an arbitration conducted pursuant to that Association’s then-existing commercial arbitration rules. The Trustee Director shall commence such arbitration seeking an adjudication within one year following the date on which the Trustee Director receives the determination denying indemnification or advancement. In any such proceeding, the Trustee Director and the Fund Corporation shall be bound by the determination of the arbitrator, subject to rights of appeal to a court of competent jurisdiction to review such an arbitration award and to vacate such an award only on one or more of the bases set forth in Sections 10 and 11 of the Federal Arbitration Act, 9 U.S.C. Sections 10 and 11. The Fund Corporation shall advance the costs of such an arbitration to the American Arbitration Association but the arbitrator shall, as part of the award, make a final award of such costs (including arbitrator’s fees) to the prevailing party in the arbitration.

Arbitration Upon Determination of Non-Entitlement. If a determination is made that the Independent Trustee is not entitled to indemnification or advancement of Expenses pursuant to Sections 2 through 4(e4(c) above, the Independent Trustee shall be entitled to an adjudication of the Independent Trustee’s 's entitlement to such indemnification or advancement by a single arbitrator appointed by the American Arbitration Association, Los Angeles City Office, Association in an arbitration conducted pursuant to that Association’s 's then-existing commercial arbitration rules. The Independent Trustee shall commence such arbitration seeking an adjudication within one year following the date on which the Trustee receives the determination denying indemnification or advancement. In any such proceeding, the Independent Trustee and the Fund AEFC shall be bound by the determination of the arbitrator, subject to rights of appeal to a court of competent jurisdiction to review such an arbitration award and to vacate such an award only on one or more of the bases set forth in Sections 10 and 11 of the Federal Arbitration Act, 9 U.S.C. Sections 10 and 11. The Fund AEFC shall advance the costs of such an arbitration to the American Arbitration Association but the arbitrator shall, as part of the award, make a final award of such costs (including arbitrator’s 's fees) to the prevailing party in the arbitration.

Arbitration Upon Determination of Non-Entitlement. If a determination is made that the Trustee is not entitled to indemnification or advancement of Expenses pursuant to Sections 2 through 4(e4(c) above, the Trustee shall be entitled to an adjudication of the Trustee’s entitlement to such indemnification or advancement by a single arbitrator appointed by the American Arbitration Association, Los Angeles New York City Office, in an arbitration conducted pursuant to that Association’s then-existing commercial arbitration rules. The Trustee shall commence such arbitration seeking an adjudication within one year following the date on which the Trustee receives the determination denying indemnification or advancement. In any such proceeding, the Trustee and the Fund Trust shall be bound by the determination of the arbitrator, subject to rights of appeal to a court of competent jurisdiction to review such an arbitration award and to vacate such an award only on one or more of the bases set forth in Sections 10 and 11 of the Federal Arbitration Act, 9 U.S.C. Sections 10 and 11. The Fund Trust shall advance the costs of such an arbitration to the American Arbitration Association but the arbitrator shall, as part of the award, make a final award of such costs (including arbitrator’s fees) to the prevailing party in the arbitration.