Common use of Arbitration; Venue Clause in Contracts

Arbitration; Venue. (a) Subject to the provisions of Section 13 hereof, any dispute, controversy or claim arising out of, relating to, or in connection with, this Agreement or the agreements or transactions contemplated hereby shall be finally settled by arbitration conducted in accordance with the provisions of this Section 18. The arbitrator shall be a retired judge or practicing attorney and the arbitration shall be conducted and the arbitrator chosen in accordance with the rules of the American Arbitration Association (the "AAA") in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties hereto (the "Parties"). If the Parties are unable to agree on the location of the arbitration within five (5) business days after the date of delivery of the request of arbitration, the Parties agree the arbitration will be conducted in Los Angeles County, California. Each Party hereby irrevocably submits to the jurisdiction of the arbitrator in Los Angeles, California and waives any defense in an arbitration based upon any claim that such Party is not subject personally to the jurisdiction of such arbitrator, that such arbitration is brought in an inconvenient forum or that such venue is improper. (b) The arbitrator's award shall be in writing and shall be final and binding on the Parties. The award may include an award of costs, including reasonable attorneys' fees and disbursements. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the Parties or their assets. (c) Any dispute, controversy or claim arising out of, relating to, or in connection with, this Agreement or the agreements or transactions contemplated hereby, as well as any arbitration proceeding under this Section 20, shall be deemed to be "Confidential Information," subject to the provisions of Section 6 of this Agreement.

Arbitration; Venue. Any disputes arising under, or related to, this Agreement shall be resolved in accordance with the following provisions: (a) Subject In the event that a dispute should arise among the parties with respect to the provisions interpretation and implementation of Section 13 hereofthis Agreement or if the parties fail to come to mutual agreement with respect to any decision that is to be mutually agreed hereunder, each party agrees to use all reasonable efforts to solve such dispute in negotiations, including, subject to the parties’ agreement at such time, non-binding mediation. (b) In the event that a dispute resolution according to the foregoing is not successful within thirty (30) days of institution of such negotiations, any dispute, controversy or claim arising out of, of or relating to, or in connection with, to this Agreement or the agreements or transactions contemplated hereby breach hereof shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by arbitration conducted one or more arbitrators appointed in accordance with the provisions of this Section 18said Rules. The arbitrator arbitrators shall be a retired judge citizens or practicing attorney and residents of the United States. The place of arbitration shall be Las Vegas, Nevada, U.S.A. The language of the arbitration shall be conducted and the arbitrator chosen in accordance with the rules of the American Arbitration Association (the "AAA") in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties hereto (the "Parties")English. If the Parties are unable to agree on the location of the arbitration within five (5) business days after the date of delivery of the request of arbitration, the Parties agree the arbitration will be conducted in Los Angeles County, California. Each Party hereby irrevocably submits to the jurisdiction of the arbitrator in Los Angeles, California and waives any defense in an arbitration based upon any claim that such Party is not subject personally to the jurisdiction of such arbitrator, that such arbitration is brought in an inconvenient forum or that such venue is improper. (b) The arbitrator's award shall be in writing and shall be final and binding on the Partiesparties, and written in English, and each party hereby waives to the fullest extent permitted by law any right it may otherwise have under the laws of any jurisdiction to any form of appeal. The award may include an award of costs, including reasonable attorneys' ’ fees and disbursements. Judgment upon the award rendered by the arbitrators may be entered by in any court having jurisdiction thereof or having jurisdiction over the Parties or their assets. thereof, and with respect thereto, each party (ci) Any dispute, controversy or claim arising out of, relating to, or in connection with, this Agreement or the agreements or transactions contemplated hereby, as well as any arbitration proceeding under this Section 20, shall be deemed to be "Confidential Information," subject irrevocably submits to the provisions jurisdiction of Section 6 any court of this Agreementcompetent jurisdiction located in the City of Las Vegas and County of Xxxxx, State of Nevada; (ii) waives any argument that venue in such forum is not convenient; and (iii) consents to the jurisdiction of such courts regardless of their state or country of residence.

Arbitration; Venue. (a) Subject to the provisions of Section 13 hereof, any dispute, controversy or claim arising out of, relating to, or in connection with, this Agreement or the agreements or transactions contemplated hereby shall be finally settled by arbitration conducted in accordance with the provisions of this Section 18. The arbitrator shall be a retired judge or practicing attorney and the arbitration shall be conducted and the arbitrator chosen in accordance with the rules of the American Arbitration Association (the "AAA") in effect at the time of the arbitration, except as they may be modified herein or by mutual agreement of the parties hereto (the "Parties"). If the Parties are unable to agree on the location of the arbitration within five (5) business days after the date of delivery of the request of arbitration, the Parties agree the arbitration will be conducted in Los Angeles County, California. Each Party hereby irrevocably submits to the jurisdiction of the arbitrator in Los Angeles, California and waives any defense in an arbitration based upon any claim that such Party is not subject personally to the jurisdiction of such arbitrator, that such arbitration is brought in an inconvenient forum or that such venue is improper. (b) The arbitrator's arbitral award shall be in writing and shall be final and binding on the Parties. The award may include an award of costs, including reasonable attorneys' fees and disbursements. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the Parties or their assets. (c) Any dispute, controversy or claim arising out of, relating to, or in connection with, this Agreement or the agreements or transactions contemplated hereby, as well as any arbitration proceeding under this Section 2018, shall be deemed to be "Confidential Information," subject to the provisions of Section 6 of this Agreement.

Arbitration; Venue. (a) Subject a. Any and all disputes or claims arising out of or relating to the provisions of Section 13 hereofthis Operating Agreement, any dispute, controversy injury or claim arising other harm sustained in the use of the Aircraft or any component thereof or otherwise out of, relating to, or in connection with, this Agreement or of the agreements or transactions contemplated hereby Parties’ relationships shall be finally settled resolved by final and binding arbitration conducted before a single arbitrator administered by the American Arbitration Association in San Francisco, California in accordance with the provisions of this Section 18. The arbitrator shall be a retired judge or practicing attorney and the arbitration shall be conducted and the arbitrator chosen in accordance with the rules Commercial Arbitration Rules of the American Arbitration Association (the "AAA") then in effect (which rules can be found at xxx.xxx.xxx and here: xxx.xxx.xxx/xxxxxxxxxx. This agreement to arbitrate disputes waives any right to a jury trial of such disputes. If a dispute is arbitrated, Owner and Managing Pilot and their Affiliates and Successors in Interest give up any rights to participate as a class representative or class member on any class claim they may have against ICON (or other Released Parties), including any right to class arbitration or any consolidation of individual arbitrations. Any arbitration under this arbitration clause shall be governed by the time Federal Arbitration Act (9 U.S.C. § 1, et seq.) and not by any state law concerning arbitration. In determining whether the Release Exclusion of Paragraph 4.c applies, the arbitrator shall admit and consider reports of the arbitrationNTSB, except as they may be modified herein including the NTSB’s final report and its probable cause determination, irrespective of any rule of evidence or by mutual agreement of other law that would apply in a civil action relating to the parties hereto (claim before the "Parties")arbitrator. If the Parties are unable to agree on arbitrator finds he or she cannot admit and consider such reports or that Release Exclusion of Paragraph 4.c is unenforceable under applicable law, the location Release of Paragraph 5.b shall apply without the arbitration within five (5) business days after exclusion that would otherwise be provided by Paragraph 4.c. b. Consistent with and without waiving the date of delivery of the request of arbitrationforegoing, the Parties agree that any court action to enforce the arbitration clause, have judgment entered in conformity with the award rendered in the arbitration or otherwise in the unlikely event the arbitration provision is found to be unenforceable or otherwise inapplicable, (i) shall be heard exclusively in the United States District Court for the Eastern District of California if federal jurisdiction exists or an appropriate state court located in Solano County in the State of California if federal jurisdiction does not exist (collectively, the “Agreed Courts”), and (ii) the Parties acknowledge and agree that the Agreed Courts will be conducted in Los Angeles Countyhave sole and exclusive jurisdiction and venue for all claims and disputes arising out of or relating to this Operating Agreement or otherwise out of the Parties’ relationships, California. Each Party and the Parties hereby irrevocably submits consent to the jurisdiction of the arbitrator in Los Angeles, California Agreed Courts and waives waive any defense in an arbitration based upon any claim and all objections that such Party is not subject personally they may have to the jurisdiction and venue in the Agreed Courts, including any claim or defense that the Agreed Courts are an inconvenient forum. c. Notwithstanding Paragraph 9.a, the Parties shall be entitled to seek and obtain, exclusively in the Agreed Courts, equitable relief for specific performance of Paragraphs 1.b, 1.f, 2.e, 3.c, 3.h, 3.l, 4.d or 11 of this Agreement and for temporary, preliminary or permanent injunctive relief, restraining orders or other equitable relief against breach or threatened breach of such arbitrator, that such arbitration is brought in an inconvenient forum or that such venue is improperParagraphs. d. Should any litigation or arbitration be commenced (bincluding any proceedings in a bankruptcy court) The arbitrator's award shall be in writing and shall be final and binding on arising out of or related to this Operating Agreement or otherwise out of the Parties. The award may include an award ’ relationships, the prevailing party in any such proceedings, as determined by the arbitrator or Court, will be entitled to reimbursement of its reasonable attorneys’ fees, expenses (including but not limited to the fees of experts), and any and all arbitration and court costs, including reasonable attorneys' the fees of the arbitrators, expenses, and disbursements. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the Parties or their assets. (c) Any dispute, controversy or claim arising out of, relating to, or in connection with, this Agreement or the agreements or transactions contemplated hereby, as well as costs of any arbitration proceeding under this Section 20and judicial proceedings, shall be deemed to be "Confidential Information," subject to the provisions of Section 6 of this Agreementincluding any appeals.

Arbitration; Venue. (a) Subject ‌ a. Any and all disputes or claims arising out of or relating to the provisions of Section 13 hereofthis Operating Agreement, any dispute, controversy injury or claim arising other harm sustained in the use of the Aircraft or any component thereof or otherwise out of, relating to, or in connection with, this Agreement or of the agreements or transactions contemplated hereby Parties’ relationships shall be finally settled resolved by final and binding arbitration conducted before a single arbitrator administered by the American Arbitration Association in San Francisco, California in accordance with the provisions of this Section 18. The arbitrator shall be a retired judge or practicing attorney and the arbitration shall be conducted and the arbitrator chosen in accordance with the rules Commercial Arbitration Rules of the American Arbitration Association (the "AAA") then in effect (which rules can be found at xxx.xxx.xxx and here: xxx.xxx.xxx/xxxxxxxxxx. This agreement to arbitrate disputes waives any right to a jury trial of such disputes. If a dispute is arbitrated, Owner and Managing Pilot and their Affiliates and Successors in Interest give up any rights to participate as a class representative or class member on any class claim they may have against ICON (or other Released Parties), including any right to class arbitration or any consolidation of individual arbitrations. Any arbitration under this arbitration clause shall be governed by the time Federal Arbitration Act (9 U.S.C. § 1, et seq.) and not by any state law concerning arbitration. In determining whether the Release Exclusion of Paragraph 4.c applies, the arbitrator shall admit and consider reports of the arbitrationNTSB, except as they may be modified herein including the NTSB’s final report and its probable cause determination, irrespective of any rule of evidence or by mutual agreement of other law that would apply in a civil action relating to the parties hereto (claim before the "Parties")arbitrator. If the Parties are unable to agree on arbitrator finds he or she cannot admit and consider such reports or that Release Exclusion of Paragraph 4.c is unenforceable under applicable law, the location Release of Paragraph 5.b shall apply without the arbitration within five (5) business days after exclusion that would otherwise be provided by Paragraph 4.c.‌ b. Consistent with and without waiving the date of delivery of the request of arbitrationforegoing, the Parties agree that any court action to enforce the arbitration clause, have judgment entered in conformity with the award rendered in the arbitration or otherwise in the unlikely event the arbitration provision is found to be unenforceable or otherwise inapplicable, (i) shall be heard exclusively in the United States District Court for the Eastern District of California if federal jurisdiction exists or an appropriate state court located in Xxxxxx County in the State of California if federal jurisdiction does not exist (collectively, the “Agreed Courts”), and (ii) the Parties acknowledge and agree that the Agreed Courts will be conducted in Los Angeles Countyhave sole and exclusive jurisdiction and venue for all claims and disputes arising out of or relating to this Operating Agreement or otherwise out of the Parties’ relationships, California. Each Party and the Parties hereby irrevocably submits consent to the jurisdiction of the arbitrator in Los Angeles, California Agreed Courts and waives waive any defense in an arbitration based upon any claim and all objections that such Party is not subject personally they may have to the jurisdiction and venue in the Agreed Courts, including any claim or defense that the Agreed Courts are an inconvenient forum. c. Notwithstanding Paragraph 9.a, the Parties shall be entitled to seek and obtain, exclusively in the Agreed Courts, equitable relief for specific performance of Paragraphs 1.b, 1.f, 2.e, 3.c, 3.h, 3.l, 4.d or 11 of this Agreement and for temporary, preliminary or permanent injunctive relief, restraining orders or other equitable relief against breach or threatened breach of such arbitrator, that such arbitration is brought in an inconvenient forum or that such venue is improperParagraphs. d. Should any litigation or arbitration be commenced (bincluding any proceedings in a bankruptcy court) The arbitrator's award shall be in writing and shall be final and binding on arising out of or related to this Operating Agreement or otherwise out of the Parties. The award may include an award ’ relationships, the prevailing party in any such proceedings, as determined by the arbitrator or Court, will be entitled to reimbursement of its reasonable attorneys’ fees, expenses (including but not limited to the fees of experts), and any and all arbitration and court costs, including reasonable attorneys' the fees of the arbitrators, expenses, and disbursements. Judgment upon the award may be entered by any court having jurisdiction thereof or having jurisdiction over the Parties or their assets. (c) Any dispute, controversy or claim arising out of, relating to, or in connection with, this Agreement or the agreements or transactions contemplated hereby, as well as costs of any arbitration proceeding under this Section 20and judicial proceedings, shall be deemed to be "Confidential Information," subject to the provisions of Section 6 of this Agreementincluding any appeals.