Common use of Awards and Relief Clause in Contracts

Awards and Relief. (i) All awards shall be in writing, shall state the reasoning upon which the award rests and shall be final and binding on the parties. Any award shall be made and signed by at least a majority of the arbitrators. The parties shall undertake to carry out the award without delay. (ii) The parties hereby waive any claim to exemplary, punitive, or similar damages in excess of compensatory damages, attorneys’ fees, costs, and expenses of arbitration, and the arbitral panel is not empowered to and shall not award exemplary, punitive, or similar damages in excess of compensatory damages and attorneys’ fees, costs, and expenses of arbitration. (iii) The arbitral panel is expressly empowered to grant any remedy or relief not expressly prohibited herein available under applicable Law, including specific performance of this Agreement to the extent allowed by applicable Law, declaration of the validity, meaning, and effect of this Agreement and the rights or duties of the parties hereunder, and, to the extent allowed by applicable Law, prohibiting or mandating actions by a party with respect to the performance of this Agreement or matters arising out of or in connection therewith. (iv) In its award, the arbitral panel may apportion the costs of arbitration between or among the parties in such manner as it deems reasonable, taking into account the circumstances of the case, the conduct of the parties during the proceedings, and the result of the arbitration, including requiring one party to bear all or the majority of such costs. (v) In the event that any party fails or refuses to participate in arbitration as provided herein, the arbitral panel is authorized to determine whether the failure to participate in the arbitration was due to the bad faith of a party, and if so may award to the other party or parties all costs associated with the arbitration, including attorneys’ fees and costs, arbitrator’s fees, and administrative fees. (vi) Unless otherwise ordered by the arbitral panel as part of its award, each party shall bear its own costs and expenses and the costs of arbitration, and the fees and expenses of the arbitrators and of any expert or other assistance engaged by the arbitral panel shall be borne by the parties to the arbitration in equal shares. (vii) The failure or refusal of any party, having been given due notice thereof, to participate at any stage of the dispute resolution proceedings shall not prevent the proceedings from continuing, nor shall such failure or refusal impair the validity of the award or cause the award to be void or voidable, nor shall it be a basis for challenge of the validity or enforceability of the award or of the arbitration proceedings. (viii) If any party fails to timely pay an advance on fees and costs ordered by the arbitral panel or the AAA within twenty (20) days after the date set for such deposit, that party shall be deemed to be in default. The arbitral panel or the AAA shall then determine whether the funds on deposit are sufficient to satisfy the anticipated estimated expenses for the proceeding to continue on an expedited basis without the participation of the defaulting party. If so, the proceeding will continue without the participation of the defaulting party, and the arbitral panel may enter an award on default. Prior to entering an award on default, the arbitral panel shall require the non-defaulting party to produce such evidence and legal argument in support of its contentions as the arbitral panel may deem appropriate. The arbitral panel may receive such evidence and argument without the defaulting party’s presence or participation. If the funds on deposit are deemed insufficient to satisfy the estimated costs of continuing as provided herein, the non-defaulting party may make all or part of the requested deposit in an amount sufficient to allow the proceeding to continue without the participation of the defaulting party. If the non-defaulting party chooses not to make the requested deposit, the arbitral panel may suspend or terminate the proceedings. (ix) In accepting appointment, the arbitrator(s) shall commit that their schedules permit them to devote the reasonably necessary time and attention to the arbitration proceedings and to resolving the Dispute within the time periods set by this Agreement and by the AAA Rules. (x) Any time limits set out in this dispute resolution agreement or in the AAA Rules may be modified upon written agreement of the parties and the arbitral panel or by order of the arbitral panel. (xi) Any failure of the arbitral panel to satisfy such time limits or to render a final award within the time specified shall not impair the validity of the award or cause the award to be void or voidable, nor shall it be a basis for challenge of the validity or enforceability of the award or of the arbitration proceedings. (xii) In accordance with Section 10.15(a), at any time after submission of a written notice of arbitration, any party may request a court of competent jurisdiction to grant interim measures of protection: (i) to preserve the status quo pending resolution of the Dispute; (ii) to prevent the destruction of documents and other information or things related to the Dispute; (iii) to prevent the transfer, dissipation, or hiding of assets; and/or (iv) to aid the arbitral proceedings and the award. A request for such interim measures to a judicial authority shall not be deemed incompatible with or a waiver of a party’s right to arbitrate a Dispute. (xiii) The parties agree that where two or more arbitrations are pending between the parties where common questions of law or fact exist, then, at the request of any party, the arbitral panel in the first-commenced arbitration may consolidate the arbitrations if it determines that common questions of law or fact exist. (xiv) Unless the parties agree otherwise via a prior written agreement, the parties, the arbitrator(s), and the AAA shall treat the dispute resolution proceedings provided for herein, any related disclosures, and the decisions of the arbitral panel, as confidential, except in connection with judicial proceedings ancillary to the dispute resolution proceedings, such as a judicial challenge to, or enforcement of, the arbitral award, and unless otherwise required by law to protect a legal right of a party. (xv) The terms of this Section 10.14 shall survive the termination or expiration of this Agreement.

Awards and Relief. (ia) All awards shall be in writing, shall state the reasoning upon which the award rests rests, and shall be final and binding on the partiesParties. Any award shall be made and signed by at least a majority of the arbitrators. The parties shall Parties undertake to carry out the award without delay. (iib) The parties hereby waive any claim to exemplary, punitive, or similar damages in excess of compensatory damages, attorneys’ fees, costs, and expenses of arbitration, and the arbitral panel is not empowered to and shall not award exemplary, punitive, or similar damages any of the Losses expressly disclaimed in excess of compensatory damages and attorneys’ fees, costs, and expenses of arbitrationSection 13.08(a). (iiic) The arbitral panel is expressly empowered to grant any remedy or relief not expressly prohibited herein available under applicable Applicable Law, including specific performance of this Agreement to the extent allowed by applicable Applicable Law, declaration of the validity, meaning, and effect of this Agreement and the rights or duties of the parties Parties hereunder, and, to the extent allowed by applicable Applicable Law, prohibiting or mandating actions by a party Party with respect to the performance of this Agreement or matters arising out of or in connection therewith. (ivd) In its award, the arbitral panel may apportion the costs of arbitration arbitration, including attorneys’ fees and expert costs between or among the parties Parties in such manner as it deems reasonable, taking into account the circumstances of the case, the conduct of the parties Parties during the proceedings, and the result of the arbitration, including requiring one party Party to bear all or the majority of such costs. (ve) In the event that If any party Party fails or refuses to participate in arbitration as provided herein, the arbitral panel is authorized to determine whether the failure to participate in the arbitration was due to the bad faith of a party, and if so may award to the other party Party or parties Parties all costs associated with the arbitration, including attorneys’ fees and costs, arbitrator’s fees, and administrative fees. (vif) Unless otherwise ordered by the arbitral panel as part of its award, each party Party shall bear its own costs and expenses and the costs of arbitration, and the fees and expenses of the arbitrators and of any expert or other assistance engaged by the arbitral panel shall be borne by the parties Parties to the arbitration in equal shares. (vii) The failure or refusal of any party, having been given due notice thereof, to participate at any stage of the dispute resolution proceedings shall not prevent the proceedings from continuing, nor shall such failure or refusal impair the validity of the award or cause the award to be void or voidable, nor shall it be a basis for challenge of the validity or enforceability of the award or of the arbitration proceedings. (viii) If any party fails to timely pay an advance on fees and costs ordered by the arbitral panel or the AAA within twenty (20) days after the date set for such deposit, that party shall be deemed to be in default. The arbitral panel or the AAA shall then determine whether the funds on deposit are sufficient to satisfy the anticipated estimated expenses for the proceeding to continue on an expedited basis without the participation of the defaulting party. If so, the proceeding will continue without the participation of the defaulting party, and the arbitral panel may enter an award on default. Prior to entering an award on default, the arbitral panel shall require the non-defaulting party to produce such evidence and legal argument in support of its contentions as the arbitral panel may deem appropriate. The arbitral panel may receive such evidence and argument without the defaulting party’s presence or participation. If the funds on deposit are deemed insufficient to satisfy the estimated costs of continuing as provided herein, the non-defaulting party may make all or part of the requested deposit in an amount sufficient to allow the proceeding to continue without the participation of the defaulting party. If the non-defaulting party chooses not to make the requested deposit, the arbitral panel may suspend or terminate the proceedings. (ix) In accepting appointment, the arbitrator(s) shall commit that their schedules permit them to devote the reasonably necessary time and attention to the arbitration proceedings and to resolving the Dispute within the time periods set by this Agreement and by the AAA Rules. (x) Any time limits set out in this dispute resolution agreement or in the AAA Rules may be modified upon written agreement of the parties and the arbitral panel or by order of the arbitral panel. (xi) Any failure of the arbitral panel to satisfy such time limits or to render a final award within the time specified shall not impair the validity of the award or cause the award to be void or voidable, nor shall it be a basis for challenge of the validity or enforceability of the award or of the arbitration proceedings. (xii) In accordance with Section 10.15(a), at any time after submission of a written notice of arbitration, any party may request a court of competent jurisdiction to grant interim measures of protection: (i) to preserve the status quo pending resolution of the Dispute; (ii) to prevent the destruction of documents and other information or things related to the Dispute; (iii) to prevent the transfer, dissipation, or hiding of assets; and/or (iv) to aid the arbitral proceedings and the award. A request for such interim measures to a judicial authority shall not be deemed incompatible with or a waiver of a party’s right to arbitrate a Dispute. (xiii) The parties agree that where two or more arbitrations are pending between the parties where common questions of law or fact exist, then, at the request of any party, the arbitral panel in the first-commenced arbitration may consolidate the arbitrations if it determines that common questions of law or fact exist. (xiv) Unless the parties agree otherwise via a prior written agreement, the parties, the arbitrator(s), and the AAA shall treat the dispute resolution proceedings provided for herein, any related disclosures, and the decisions of the arbitral panel, as confidential, except in connection with judicial proceedings ancillary to the dispute resolution proceedings, such as a judicial challenge to, or enforcement of, the arbitral award, and unless otherwise required by law to protect a legal right of a party. (xv) The terms of this Section 10.14 shall survive the termination or expiration of this Agreement.

Awards and Relief. (ia) All awards shall be in writing, writing and shall state the reasoning upon which the award rests and shall be final and binding on the partiesrests. Any award shall be made and signed by at least a majority of the arbitrators. The parties shall undertake to carry out the award without delay. (iib) The parties Parties hereby waive any claim to exemplary, punitive, or similar damages in excess of compensatory damages, attorneys’ fees, costs, and expenses of arbitration, and the arbitral panel Panel is not empowered to and shall not award exemplary, punitive, or similar damages in excess of compensatory damages and attorneys’ fees, costs, and expenses of arbitration. (iiic) The arbitral panel Panel is expressly empowered to grant any remedy or relief not expressly prohibited herein available under the applicable Lawlaw, including specific performance of this Agreement to the extent allowed by applicable Lawlaw, declaration of the validity, meaning, and effect of this Agreement and the rights or duties of the parties Parties hereunder, and, to the extent allowed by applicable Lawlaw, prohibiting or mandating actions by a party Party with respect to the performance of this Agreement or matters arising out of or in connection therewith. (ivd) In its award, the arbitral panel Panel may apportion the costs of arbitration between or among the parties Parties in such manner as it deems reasonable, taking into account the circumstances of the case, the conduct of the parties Parties during the proceedings, and the result of the arbitration, including requiring one party Party to bear all or the majority of such costs. (ve) In the event that any party Party fails or refuses to participate in arbitration as provided herein, the arbitral panel Panel is authorized to determine whether the failure to participate in the arbitration was due to the bad faith of a partyParty, and if so may award to the other party Party or parties Parties all costs associated with the arbitration, including attorneys’ fees and costs, arbitrator’s fees, and administrative fees. (vif) Unless otherwise ordered by the arbitral panel Panel as part of its award, each party Party shall bear its own costs and expenses and the costs of arbitration, and the fees and expenses of the arbitrators and of any expert or other assistance engaged by the arbitral panel Panel shall be borne by the parties Parties to the arbitration in equal shares. (vii) The failure or refusal of any party, having been given due notice thereof, to participate at any stage of the dispute resolution proceedings shall not prevent the proceedings from continuing, nor shall such failure or refusal impair the validity of the award or cause the award to be void or voidable, nor shall it be a basis for challenge of the validity or enforceability of the award or of the arbitration proceedings. (viii) If any party fails to timely pay an advance on fees and costs ordered by the arbitral panel or the AAA within twenty (20) days after the date set for such deposit, that party shall be deemed to be in default. The arbitral panel or the AAA shall then determine whether the funds on deposit are sufficient to satisfy the anticipated estimated expenses for the proceeding to continue on an expedited basis without the participation of the defaulting party. If so, the proceeding will continue without the participation of the defaulting party, and the arbitral panel may enter an award on default. Prior to entering an award on default, the arbitral panel shall require the non-defaulting party to produce such evidence and legal argument in support of its contentions as the arbitral panel may deem appropriate. The arbitral panel may receive such evidence and argument without the defaulting party’s presence or participation. If the funds on deposit are deemed insufficient to satisfy the estimated costs of continuing as provided herein, the non-defaulting party may make all or part of the requested deposit in an amount sufficient to allow the proceeding to continue without the participation of the defaulting party. If the non-defaulting party chooses not to make the requested deposit, the arbitral panel may suspend or terminate the proceedings. (ix) In accepting appointment, the arbitrator(s) shall commit that their schedules permit them to devote the reasonably necessary time and attention to the arbitration proceedings and to resolving the Dispute within the time periods set by this Agreement and by the AAA Rules. (x) Any time limits set out in this dispute resolution agreement or in the AAA Rules may be modified upon written agreement of the parties and the arbitral panel or by order of the arbitral panel. (xi) Any failure of the arbitral panel to satisfy such time limits or to render a final award within the time specified shall not impair the validity of the award or cause the award to be void or voidable, nor shall it be a basis for challenge of the validity or enforceability of the award or of the arbitration proceedings. (xii) In accordance with Section 10.15(a), at any time after submission of a written notice of arbitration, any party may request a court of competent jurisdiction to grant interim measures of protection: (i) to preserve the status quo pending resolution of the Dispute; (ii) to prevent the destruction of documents and other information or things related to the Dispute; (iii) to prevent the transfer, dissipation, or hiding of assets; and/or (iv) to aid the arbitral proceedings and the award. A request for such interim measures to a judicial authority shall not be deemed incompatible with or a waiver of a party’s right to arbitrate a Dispute. (xiii) The parties agree that where two or more arbitrations are pending between the parties where common questions of law or fact exist, then, at the request of any party, the arbitral panel in the first-commenced arbitration may consolidate the arbitrations if it determines that common questions of law or fact exist. (xiv) Unless the parties agree otherwise via a prior written agreement, the parties, the arbitrator(s), and the AAA shall treat the dispute resolution proceedings provided for herein, any related disclosures, and the decisions of the arbitral panel, as confidential, except in connection with judicial proceedings ancillary to the dispute resolution proceedings, such as a judicial challenge to, or enforcement of, the arbitral award, and unless otherwise required by law to protect a legal right of a party. (xv) The terms of this Section 10.14 shall survive the termination or expiration of this Agreement.

Awards and Relief. (ia) All awards shall be in writing, shall state the reasoning upon which the award rests and shall be final and binding on the partiesParties. Any award shall be made and signed by at least a majority of the arbitrators. The parties shall Parties undertake to carry out the award without delay. (iib) The parties Parties hereby waive any claim to exemplary, punitive, or similar damages in excess of compensatory damages, attorneys’ fees, costs, and expenses of arbitration, and the arbitral panel is not empowered to and shall not award exemplary, punitive, or similar damages in excess of compensatory damages and attorneys’ fees, costs, and expenses of arbitration. (iiic) The arbitral panel is expressly empowered to grant any remedy or relief not expressly prohibited herein available under applicable Applicable Law, including specific performance of this Agreement to the extent allowed by applicable Applicable Law, declaration of the validity, meaning, and effect of this Agreement and the rights or duties of the parties Parties hereunder, and, to the extent allowed by applicable Applicable Law, prohibiting or mandating actions by a party Party with respect to the performance of this Agreement or matters arising out of or in connection therewith. (ivd) In its award, the arbitral panel may apportion the costs of arbitration between or among the parties Parties in such manner as it deems reasonable, taking into account the circumstances of the case, the conduct of the parties Parties during the proceedings, and the result of the arbitration, including requiring one party Party to bear all or the majority of such costs. (ve) In the event that any party Party fails or refuses to participate in arbitration as provided herein, the arbitral panel is authorized to determine whether the failure to participate in the arbitration was due to the bad faith of a partyParty, and if so may award to the other party Party or parties Parties all costs associated with the arbitration, including attorneys’ fees and costs, arbitrator’s fees, and administrative fees. (vif) Unless otherwise ordered by the arbitral panel as part of its award, each party Party shall bear its own costs and expenses and the costs of arbitration, and the fees and expenses of the arbitrators and of any expert or other assistance engaged by the arbitral panel shall be borne by the parties Parties to the arbitration in equal shares. (vii) The failure or refusal of any party, having been given due notice thereof, to participate at any stage of the dispute resolution proceedings shall not prevent the proceedings from continuing, nor shall such failure or refusal impair the validity of the award or cause the award to be void or voidable, nor shall it be a basis for challenge of the validity or enforceability of the award or of the arbitration proceedings. (viii) If any party fails to timely pay an advance on fees and costs ordered by the arbitral panel or the AAA within twenty (20) days after the date set for such deposit, that party shall be deemed to be in default. The arbitral panel or the AAA shall then determine whether the funds on deposit are sufficient to satisfy the anticipated estimated expenses for the proceeding to continue on an expedited basis without the participation of the defaulting party. If so, the proceeding will continue without the participation of the defaulting party, and the arbitral panel may enter an award on default. Prior to entering an award on default, the arbitral panel shall require the non-defaulting party to produce such evidence and legal argument in support of its contentions as the arbitral panel may deem appropriate. The arbitral panel may receive such evidence and argument without the defaulting party’s presence or participation. If the funds on deposit are deemed insufficient to satisfy the estimated costs of continuing as provided herein, the non-defaulting party may make all or part of the requested deposit in an amount sufficient to allow the proceeding to continue without the participation of the defaulting party. If the non-defaulting party chooses not to make the requested deposit, the arbitral panel may suspend or terminate the proceedings. (ix) In accepting appointment, the arbitrator(s) shall commit that their schedules permit them to devote the reasonably necessary time and attention to the arbitration proceedings and to resolving the Dispute within the time periods set by this Agreement and by the AAA Rules. (x) Any time limits set out in this dispute resolution agreement or in the AAA Rules may be modified upon written agreement of the parties and the arbitral panel or by order of the arbitral panel. (xi) Any failure of the arbitral panel to satisfy such time limits or to render a final award within the time specified shall not impair the validity of the award or cause the award to be void or voidable, nor shall it be a basis for challenge of the validity or enforceability of the award or of the arbitration proceedings. (xii) In accordance with Section 10.15(a), at any time after submission of a written notice of arbitration, any party may request a court of competent jurisdiction to grant interim measures of protection: (i) to preserve the status quo pending resolution of the Dispute; (ii) to prevent the destruction of documents and other information or things related to the Dispute; (iii) to prevent the transfer, dissipation, or hiding of assets; and/or (iv) to aid the arbitral proceedings and the award. A request for such interim measures to a judicial authority shall not be deemed incompatible with or a waiver of a party’s right to arbitrate a Dispute. (xiii) The parties agree that where two or more arbitrations are pending between the parties where common questions of law or fact exist, then, at the request of any party, the arbitral panel in the first-commenced arbitration may consolidate the arbitrations if it determines that common questions of law or fact exist. (xiv) Unless the parties agree otherwise via a prior written agreement, the parties, the arbitrator(s), and the AAA shall treat the dispute resolution proceedings provided for herein, any related disclosures, and the decisions of the arbitral panel, as confidential, except in connection with judicial proceedings ancillary to the dispute resolution proceedings, such as a judicial challenge to, or enforcement of, the arbitral award, and unless otherwise required by law to protect a legal right of a party. (xv) The terms of this Section 10.14 shall survive the termination or expiration of this Agreement.