Common use of Arbitrator Powers and Qualifications; Awards Clause in Contracts

Arbitrator Powers and Qualifications; Awards. Arbitrator(s) shall resolve all Disputes in accordance with the applicable substantive law of the State of Texas. Arbitrator(s) may make an award of attorneys' fees and expenses if permitted by law or the agreement of the parties. All statutes of limitation applicable to any Dispute shall apply to any proceeding in accordance with this arbitration clause. Any arbitrator selected to act as the only arbitrator in a Dispute shall be required to be a practicing attorney with not less than 5 years practice in commercial law in the State of Texas. With respect to a Dispute in which the claims or amounts in controversy do not exceed five hundred thousand dollars ($500,000), a single arbitrator shall be chosen and shall resolve the Dispute. In such case the arbitrator shall have authority to render an award up to but not to exceed five hundred thousand dollars ($500,000) including all damages of any kind whatsoever, costs, fees and expenses. Submission to a single arbitrator shall be a waiver of all parties' claims to recover more than five hundred thousand dollars ($500,000). A Dispute involving claims or amounts in controversy exceeding five hundred thousand dollars ($500,000) shall be decided by a majority vote of a panel of three arbitrators ("Arbitration Panel"), one of whom would be qualified to sit as a single arbitrator in a Dispute decided by one arbitrator. If the arbitration is consolidated with one conducted pursuant to the terms of an agreement between the Lender and the Borrower related to the indebtedness guaranteed, then the Arbitration Panel shall be one which meets the criteria set forth between the Lender and Borrower. Arbitrator(s) may, in the exercise of their discretion, at the written request of a party, (1) consolidate in a single proceeding any multiple party claims that are substantially identical and all claims arising out of a single loan or series of loans including claims by or against borrower(s), guarantors, sureties and/or owners of collateral if different from the Borrower, and (2) administer multiple arbitration claims as class actions in accordance with Rule 23 of the Federal Rules of Civil Procedure. The arbitrator(s) shall be empowered to resolve any dispute regarding the terms of this Agreement or the arbitrability of any Dispute or any claim that all or any part (including this provision) is void or voidable but shall have no power to change or alter the terms of this Agreement. The award of the arbitrator(s) shall be in writing and shall specify the factual and legal basis for the award.

Arbitrator Powers and Qualifications; Awards. Arbitrator(s) shall The Parties agree to select a neutral qualified arbitrator or a panel of three qualified arbitrators to resolve all Disputes any Dispute hereunder. "Qualified" means a retired judge or practicing attorney, with not less than 10 years practice in accordance with commercial law, licensed to practice in the state of the applicable substantive law of the State of Texas. Arbitrator(s) may make an award of attorneys' fees and expenses if permitted by law or the agreement of the parties. All statutes of limitation applicable to any Dispute shall apply to any proceeding in accordance with this arbitration clause. Any arbitrator selected to act as the only arbitrator in a Dispute shall be required to be a practicing attorney with not less than 5 years practice in commercial law designated in the State of TexasDocuments. With respect to a A Dispute in which the claims or amounts in controversy do not exceed five hundred thousand dollars ($500,000)1,000,000.00, shall be decided by a single arbitrator shall be chosen and shall resolve the Disputearbitrator. In such case the A single arbitrator shall have authority to render an award up to but not to exceed five hundred thousand dollars ($500,000) 1,000,000.00 including all damages of any kind whatsoever, costs, fees, attorneys' fees and expenses. Submission to a single arbitrator shall be a waiver of all partiesParties' claims to recover more than five hundred thousand dollars ($500,000)1,000,000.00. A Dispute involving claims or amounts in controversy exceeding five hundred thousand dollars ($500,000) 1,000,000.00 shall be decided by a majority vote of a panel of three qualified arbitrators. All three arbitrators ("Arbitration Panel"), one of whom would be qualified to sit as a single arbitrator in a Dispute decided by one arbitrator. If on the arbitration is consolidated with one conducted pursuant to the terms of an agreement between the Lender panel must actively participate in all hearings and the Borrower related to the indebtedness guaranteed, then the Arbitration Panel deliberations. The arbitrator(s) shall be one which meets the criteria set forth between the Lender and Borrower. Arbitrator(s) may, in the exercise of their discretionempowered to, at the written request of a partyany Party in any Dispute, (1a) to consolidate in a single proceeding any multiple party claims that are substantially identical or based upon the same underlying transaction; (b) to consolidate any claims and all claims arising Disputes between other Parties which arise out of a single loan or series of loans relate to the subject matter hereof, including all claims by or against borrower(s)borrowers, guarantors, sureties and/or owners of collateral if different from the Borrower, collateral; and (2c) to administer multiple arbitration claims as class actions in accordance with Rule 23 of the Federal Rules of Civil Procedure. In any consolidated proceeding the first arbitrator(s) selected in any proceeding shall conduct the consolidated proceeding unless disqualified due to conflict of interest. The arbitrator(s) shall be empowered to resolve any dispute regarding the terms of this Agreement or arbitration clause, including questions about the arbitrability of any Dispute or any claim that all or any part (including this provision) is void or voidable Dispute, but shall have no power to change or alter the terms of this Agreementthe Arbitration Program. The prevailing Party in any Dispute shall be entitled to recover its reasonable attorneys' fees in any arbitration, and the arbitrator(s) shall have the power to award such fees. The award of the arbitrator(s) shall be in writing and shall specify set forth the factual and legal basis for the award.

Arbitrator Powers and Qualifications; Awards. Arbitrator(s) shall The Parties agree to select a neutral qualified arbitrator or a panel of three qualified arbitrators to resolve all Disputes any Dispute hereunder. "Qualified" means a retired judge or practicing attorney, with not less than 10 years practice in accordance with commercial law, licensed to practice in the state of the applicable substantive law of the State of Texas. Arbitrator(s) may make an award of attorneys' fees and expenses if permitted by law or the agreement of the parties. All statutes of limitation applicable to any Dispute shall apply to any proceeding in accordance with this arbitration clause. Any arbitrator selected to act as the only arbitrator in a Dispute shall be required to be a practicing attorney with not less than 5 years practice in commercial law designated in the State of TexasDocuments. With respect to a A Dispute in which the claims or amounts in controversy do not exceed five hundred thousand dollars ($500,000)1,000,000, shall be decided by a single arbitrator shall be chosen and shall resolve the Disputearbitrator. In such case the A single arbitrator shall have authority to render an award up to but not to exceed five hundred thousand dollars ($500,000) 1,000,000.00 including all damages of any kind whatsoever, costs, fees, attorneys' fees and expenses. Submission to a single arbitrator shall be a waiver of all partiesParties' claims to recover more than five hundred thousand dollars ($500,000)1,000,000.00. A Dispute involving claims or amounts in controversy exceeding five hundred thousand dollars ($500,000) 1,000,000.00 shall be decided by a majority vote of a panel of three qualified arbitrators. All three arbitrators ("Arbitration Panel"), one of whom would be qualified to sit as a single arbitrator in a Dispute decided by one arbitrator. If on the arbitration is consolidated with one conducted pursuant to the terms of an agreement between the Lender panel must actively participate in all hearings and the Borrower related to the indebtedness guaranteed, then the Arbitration Panel deliberations. The arbitrator(s) shall be one which meets the criteria set forth between the Lender and Borrower. Arbitrator(s) may, in the exercise of their discretionempowered to, at the written request of a partyany Party in any Dispute, (1) to consolidate in a single proceeding any multiple party claims that are substantially identical or based upon the same underlying transaction; 2) to consolidate any claims and all claims arising Disputes between other Parties which arise out of a single loan or series of loans relate to the subject matter hereof, including all claims by or against borrower(s)borrowers, guarantors, sureties and/or owners of collateral if different from the Borrower, collateral; and (23) to administer multiple arbitration claims as class actions in accordance with Rule 23 of the Federal Rules of Civil Procedure. In any consolidated proceeding the first arbitrator(s) selected in any proceeding shall conduct the consolidated proceeding unless disqualified due to conflict of interest. The arbitrator(sarbitrators(s) shall be empowered to resolve any dispute regarding the terms of this Agreement or arbitration clause, including questions about the arbitrability of any Dispute or any claim that all or any part (including this provision) is void or voidable Dispute, but shall have no power to change or alter the terms of this Agreementthe Arbitration Program. The prevailing Party in any Dispute shall be entitled to recover its reasonable attorneys' fees in any arbitration, and the arbitrator(s) shall have the power to award such fees. The award of the arbitrator(s) shall be in writing and shall specify set forth the factual and legal basis for the award.

Arbitrator Powers and Qualifications; Awards. Arbitrator(s) Arbitrators shall resolve all Disputes in accordance with the applicable substantive law of the State of Texaslaw. Arbitrator(s) Arbitrator may make an award of attorneys' fees and expenses if permitted by law or the agreement of the parties. All statutes of limitation applicable to any Dispute shall apply to any proceeding in accordance with this arbitration clause. Any arbitrator selected to act as the only arbitrator in a Dispute shall be required to be a practicing attorney with not less than 5 10 years practice in commercial law in the State of TexasColorado. With respect to a Dispute in which the claims or amounts in controversy do not exceed five hundred thousand dollars ($500,000), a single arbitrator shall be chosen and shall resolve the Dispute. In such case the arbitrator shall have authority to render an award up to but not to exceed five hundred thousand dollars ($500,000) including all damages of any kind whatsoever, costs, fees and expenses. Submission to a single arbitrator shall be a waiver of all parties' claims to recover more than five hundred thousand dollars ($500,000). A Dispute involving claims or amounts in controversy exceeding five hundred thousand dollars ($500,000) shall be decided by a majority vote of a panel of three arbitrators ("Arbitration Panel"), . An Arbitration Panel shall be composed of one of whom arbitrator who would be qualified to sit as a single arbitrator in a Dispute decided by one arbitrator. If , one who has at least ten years experience in banking matters and one who has at least ten years experience in the arbitration is consolidated with one conducted pursuant to the terms of an agreement between the Lender manufacturing and the Borrower related to the indebtedness guaranteed, then the Arbitration Panel shall be one which meets the criteria set forth between the Lender and Borrowerfranchising industries. Arbitrator(s) may, in the exercise of their discretiondiscretion to, at the written request of a partyparty in any Dispute, (1) consolidate in a single proceeding any multiple party claims that are substantially identical and all claims arising out of a single loan or series of loans including claims by or against borrower(s), guarantors, sureties and/or and or owners of collateral if different from the Borrowerborrower, and (2) administer multiple arbitration claims as class actions in accordance with Rule 23 of the Federal Rules of Civil Procedure. The arbitrator(s) shall be empowered to resolve any dispute regarding the terms of this Agreement or the arbitrability of any Dispute dispute or any claim that all or any part (including this provision) is void or voidable but shall have no power to change or alter the terms of this Agreement. The award of the arbitrator(s) shall be in writing and shall specify the factual and legal basis for the award.

Arbitrator Powers and Qualifications; Awards. Arbitrator(s) shall The Loan Parties agree to select a neutral qualified arbitrator or a panel of three qualified arbitrators to resolve all Disputes any Dispute hereunder. "Qualified" means a retired judge or practicing attorney, with not less than 10 years practice in accordance with commercial law, licensed to practice in the state of the applicable substantive law of the State of Texas. Arbitrator(s) may make an award of attorneys' fees and expenses if permitted by law or the agreement of the parties. All statutes of limitation applicable to any Dispute shall apply to any proceeding in accordance with this arbitration clause. Any arbitrator selected to act as the only arbitrator in a Dispute shall be required to be a practicing attorney with not less than 5 years practice in commercial law designated in the State of TexasDocuments. With respect to a A Dispute in which the claims or amounts in controversy do not exceed five hundred thousand dollars ($500,000)1,000,000, shall be decided by a single arbitrator shall be chosen and shall resolve the Disputearbitrator. In such case the A single arbitrator shall have authority to render an award up to but not to exceed five hundred thousand dollars ($500,000) 1,000,000.00 including all damages of any kind whatsoever, costs, fees, attorneys' fees and expenses. Submission to a single arbitrator shall be a waiver of all partiesLoan Parties' claims to recover more than five hundred thousand dollars ($500,000)1,000,000.00. A Dispute involving claims or amounts in controversy exceeding five hundred thousand dollars ($500,000) 1,000,000.00 shall be decided by a majority vote of a panel of three qualified arbitrators. All three arbitrators ("Arbitration Panel"), one of whom would be qualified to sit as a single arbitrator in a Dispute decided by one arbitrator. If on the arbitration is consolidated with one conducted pursuant to the terms of an agreement between the Lender panel must actively participate in all hearings and the Borrower related to the indebtedness guaranteed, then the Arbitration Panel deliberations. The arbitrator(s) shall be one which meets the criteria set forth between the Lender and Borrower. Arbitrator(s) may, in the exercise of their discretionempowered to, at the written request of a partyany Loan Party in any Dispute, (1) to consolidate in a single proceeding any multiple party claims that are substantially identical or based upon the same underlying transaction; 2) to consolidate any claims and all claims arising Disputes between other Loan Parties which arise out of a single loan or series of loans relate to the subject matter hereof, including all claims by or against borrower(s)borrowers, guarantors, sureties and/or owners of collateral if different from the Borrower, collateral; and (23) to administer multiple arbitration claims as class actions in accordance with Rule 23 of the Federal Rules of Civil Procedure. In any consolidated proceeding the first arbitrator(s) selected in any proceeding shall conduct the consolidated proceeding unless disqualified due to conflict of interest. The arbitrator(sarbitrators(s) shall be empowered to resolve any dispute regarding the terms of this Agreement or arbitration clause, including questions about the arbitrability of any Dispute or any claim that all or any part (including this provision) is void or voidable Dispute, but shall have no power to change or alter the terms of this Agreementthe Arbitration Program. The prevailing Loan Party in any Dispute shall be entitled to recover its reasonable attorneys' fees in any arbitration, and the arbitrator(s) shall have the power to award such fees. The award of the arbitrator(s) shall be in writing and shall specify set forth the factual and legal basis for the award.

Arbitrator Powers and Qualifications; Awards. Arbitrator(s) shall The Parties agree to select a neutral qualified arbitrator or a panel of three qualified arbitrators to resolve all Disputes any Dispute hereunder. "Qualified" means a retired judge or practicing attorney, with not less than 10 years practice in accordance with commercial law, licensed to practice in the state of the applicable substantive law of the State of Texas. Arbitrator(s) may make an award of attorneys' fees and expenses if permitted by law or the agreement of the parties. All statutes of limitation applicable to any Dispute shall apply to any proceeding in accordance with this arbitration clause. Any arbitrator selected to act as the only arbitrator in a Dispute shall be required to be a practicing attorney with not less than 5 years practice in commercial law designated in the State of TexasDocuments. With respect to a A Dispute in which the claims or amounts in controversy do not exceed five hundred thousand dollars ($500,000)1,000,000, shall be decided by a single arbitrator shall be chosen and shall resolve the Disputearbitrator. In such case the A single arbitrator shall have authority to render an award up to but not to exceed five hundred thousand dollars ($500,000) 1,000,000.00 including all damages of any kind whatsoever, costs, fees, attorneys' fees and expenses. Submission to a single arbitrator shall be a waiver of all partiesParties' claims to recover more than five hundred thousand dollars ($500,000)1,000,000.00. A Dispute involving claims or amounts in controversy exceeding five hundred thousand dollars ($500,000) 1,000,000.00 shall be decided by a majority vote of a panel of three qualified arbitrators. All three arbitrators ("Arbitration Panel"), one of whom would be qualified to sit as a single arbitrator in a Dispute decided by one arbitrator. If on the arbitration is consolidated with one conducted pursuant to the terms of an agreement between the Lender panel must actively participate in all hearings and the Borrower related to the indebtedness guaranteed, then the Arbitration Panel deliberations. The arbitrator(s) shall be one which meets the criteria set forth between the Lender and Borrower. Arbitrator(s) may, in the exercise of their discretionempowered to, at the written request of a partyany Party in any Dispute, (1a) to consolidate in a single proceeding any multiple party claims that are substantially identical or based upon the same underlying transaction; (b) to consolidate any claims and all claims arising Disputes between other Parties which arise out of a single loan or series of loans relate to the subject matter hereof, including all claims by or against borrower(s)borrowers, guarantors, sureties and/or owners of collateral if different from the Borrower, collateral; and (2c) to administer multiple arbitration arbitrations claims as class actions in accordance with Rule 23 of the Federal Rules of Civil Procedure. In any consolidated proceeding the first arbitrator(s) selected in any proceeding shall conduct the consolidated proceeding unless disqualified due to conflict of interest. The arbitrator(s) shall be empowered to resolve any dispute regarding the terms of this Agreement or arbitration clause, including questions about the arbitrability of any Dispute or any claim that all or any part (including this provision) is void or voidable Dispute, but shall have no power to change or alter the terms of this Agreementthe Arbitration Program. The prevailing Party in any Dispute shall be entitled to recover its reasonable attorney's fees in any arbitration, and the arbitrator(s) shall have the power to award such fees. The award of the arbitrator(s) shall be in writing and shall specify set forth the factual and legal basis for the award.