Arbitrator and Binding Findings of Fact Sample Clauses

Arbitrator and Binding Findings of Fact. The arbitrator shall decide the Dispute in accordance with the law, and the arbitrator’s award shall be subject to review as to the arbitrator’s application of the law by any court having jurisdiction thereof, whether or not any mistake of law shall appear upon the face of the award. The arbitrator shall award the prevailing party (as defined in Code of Civil Procedure §1032(a)(4)) their reasonable attorney’s fees and costs, to include the cost of the arbitration. As to all questions of facts, only, the determination of the arbitrator shall be final and binding upon all Parties to the Dispute. Any Party to the Dispute shall be entitled to written findings of fact and conclusions of law as to all issues determined by the award. Subject to the above limitations, any Party to the Dispute may file the arbitrator’s award in any court having jurisdiction thereof.
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Related to Arbitrator and Binding Findings of Fact

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Entire Agreement This DPA and the Service Agreement constitute the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, representations, or agreements, oral or written, by the Parties relating thereto. This DPA may be amended and the observance of any provision of this DPA may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the signed written consent of both Parties. Neither failure nor delay on the part of any Party in exercising any right, power, or privilege hereunder shall operate as a waiver of such right, nor shall any single or partial exercise of any such right, power, or privilege preclude any further exercise thereof or the exercise of any other right, power, or privilege.

  • Severability Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

  • Limitation of Liability No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company.

  • Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

  • NOW, THEREFORE the parties hereto agree as follows:

  • Indemnification Notwithstanding any contrary provision contained in this Agreement, any election hereunder or any termination of this Agreement, and whether or not this Agreement is otherwise carried out, the provisions of Section 5 shall not be in any way affected by such election or termination or failure to carry out the terms of this Agreement or any part hereof.

  • Confidentiality (a) Subject to Section 7.15(c), during the Term and for a period of three

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • Definitions For purposes of this Agreement:

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