Arbitrator’s Fees. With respect to the additional arbitrator if required pursuant to Step Two under Section (a) above, each party shall pay its pro rata share of any required retainer or other payments required by such arbitrator upon such arbitrator's demand and each party shall pay the fees of the arbitrator it selects, with the ultimate responsibility for the arbitrators' fees to be determined by the arbitrators in the final arbitration award pursuant to Step Three of Section (a) above; otherwise, each party shall bear its own costs and expenses in connection with any proceedings under this Article XIV.
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Samples: Debenture and Note Purchase Agreement (Safeguard Health Enterprises Inc), Debenture and Note Purchase Agreement (Anderson Jack R)
Arbitrator’s Fees. With respect to the If an additional arbitrator if is required pursuant to Step Two under Section (a) above, each party shall pay its pro pr rata share of any required retainer or other payments required by such arbitrator upon such arbitrator's demand and each party shall pay the fees of the arbitrator it selectsdemand, with the ultimate responsibility for the arbitrators' fees to be determined by the arbitrators in the final arbitration award pursuant to Step Three of Section (a) above; otherwise, each party shall bear its own costs and expenses in connection with any proceedings under this Article XIV10 and, in any event, each party shall pay the fees of the arbitrator it selects.
Appears in 2 contracts
Samples: Post Closing Escrow Agreement (Horizon Mental Health Management Inc), Post Closing Escrow Agreement (Finkel Howard B)
Arbitrator’s Fees. With respect to the If an additional arbitrator if is required pursuant to Step Two under Section (a) 7.1 above, each party shall pay its pro rata share of any required retainer or other payments required by such arbitrator upon such arbitrator's demand and each party shall pay the fees of the arbitrator it selectsdemand, with the ultimate responsibility for the arbitrators' fees to be determined by the arbitrators in the final arbitration award pursuant to Step Three of Section (a) 7.1 above; otherwise, each party shall bear its own costs and expenses in connection with any proceedings under this Article XIVVII and, in any event, each party shall pay the fees of the arbitrator it selects.
Appears in 1 contract
Samples: Asset Purchase Agreement (Legal Access Technologies Inc)
Arbitrator’s Fees. With respect to the If an additional arbitrator if is required pursuant to Step Two under Section (a) 10.01 above, each party shall pay its pro rata share of any required retainer or other payments required by such arbitrator upon such arbitrator's demand and each party shall pay the fees of the arbitrator it selectsdemand, with the ultimate responsibility for the arbitrators' fees to be determined by the arbitrators in the final arbitration award pursuant to Step Three of Section (a) 10.01 above; otherwise, except as specified in Section 10.1 above, each party shall bear its own costs and expenses in connection with any proceedings under this Article XIVX and, in any event, each party shall pay the fees of the arbitrator it selects.
Appears in 1 contract
Samples: Stock Purchase Agreement (Horizon Health Corp /De/)
Arbitrator’s Fees. With respect to the If an additional arbitrator if is required pursuant to Step Two under Section (a) 8.3 above, each party shall pay its pro rata share of any required retainer or other payments required by such arbitrator upon such arbitrator's demand and each party shall pay the fees of the arbitrator it selectsdemand, with the ultimate responsibility for the arbitrators' fees to be determined by the arbitrators in the final arbitration award pursuant to Step Three of Section (a) 8.4 above; otherwise, except as specified above, each party shall bear its own costs and expenses in connection with any proceedings under this Article XIVVIII and, in any event, each party shall pay the fees of the arbitrator it selects.
Appears in 1 contract
Samples: Member Interests Purchase Agreement (Horizon Health Corp /De/)
Arbitrator’s Fees. With respect to the If an additional arbitrator if is required pursuant ----------------- to Step Two under Section (a) 15.01 above, each party shall pay its pro rata share of any required retainer or other payments required by such arbitrator upon such arbitrator's demand and each party shall pay the fees of the arbitrator it selectsdemand, with the ultimate responsibility for the arbitrators' fees to be determined by the arbitrators in the final arbitration award pursuant to Step Three of Section (a) 15.01 above; otherwise, each party shall bear its own costs and expenses in connection with any proceedings under this Article XIVSection XV and, in any event, each party shall pay the fees of the arbitrator it selects.
Appears in 1 contract
Arbitrator’s Fees. With respect to the If an additional arbitrator if is required pursuant to Step Two under Section (a) 15.01 above, each party shall pay its pro rata share of any required retainer or other payments required by such arbitrator upon such arbitrator's demand and each party shall pay the fees of the arbitrator it selectsdemand, with the ultimate responsibility for the arbitrators' fees to be determined by the arbitrators in the final arbitration award pursuant to Step Three of Section (a) 15.01 above; otherwise, each party shall bear its own costs and expenses in connection with any proceedings under this Article XIVSection XV and, in any event, each party shall pay the fees of the arbitrator it selects.
Appears in 1 contract
Samples: Stock Purchase Agreement (Horizon Health Corp /De/)