Binding Resolution. The determination made by the Arbitrator under Section 6.2 hereof shall be conclusive and binding upon the parties and shall not be subject to appeal, except in the case of manifest mathematical error.
Binding Resolution. Any Dispute that has been referred to senior management for resolution and that has not been resolved within [*] days after the initial discussion of such matter by senior management, shall, upon referral or submission by either Party, be submitted for final, binding resolution by arbitration in accordance with the then current CPR Non-Administered Arbitration Rules (“CPR Rules”) (xxx.xxxxxx.xxx), except where those rules conflict with these provisions, in which case these provisions control. The arbitration shall be held in San Francisco, California.
Binding Resolution. The parties agree to resolve the matter in Controversy by final and binding arbitration according to the National Rules for the Resolution of Employment Disputes ("Rules") of the American Arbitration Association ("AAA").
Binding Resolution. If the Parties do not reach an agreement in writing as to the Final Balance Sheet and Working Capital Statement within the timeframes specified under Section 2.04(b) then the matters disputed by the Parties shall be submitted for arbitration by a nationally-recognized accounting firm that agrees to use its best efforts to complete such arbitration within forty-five (45) days and that is reasonably acceptable to (and independent of) Seller and Purchaser (the “Accounting Firm”), which shall arbitrate the dispute and submit a written statement of its adjudication, which statement, when delivered to Seller and Purchaser, shall become final and binding upon Seller and Purchaser, and shall, together with those aspects of the proposed forms of the Closing Balance Sheet submitted by the Parties as to which no objection was made, be the “Final Balance Sheet and Working Capital Statement.” If Seller and Purchaser do not agree on the Accounting Firm after a reasonable period of time, the Accounting Firm shall be Deloitte & Touche LLP. The scope of the disputes to be resolved by the Accounting Firm shall be limited to those items set forth in the Parties’ proposed forms of Closing Balance Sheet and Closing Working Capital Statement that are in dispute. The determination of the Accounting Firm shall (i) be within the range of dispute between Purchaser and Seller, and (ii) constitute an arbitral award that is final, binding and unappealable and upon which a judgment may be entered by any court having jurisdiction thereof. The fees and expenses of the Accounting Firm shall be borne equally by Seller and Purchaser.
Binding Resolution. The Construction Panel shall meet within two (2) business days after notice of the dispute and shall thereafter resolve the issue in dispute within two (2) business days unless it is mutually agreed among the Construction Panel members that additional time is necessary to resolve the dispute, but in no event shall such additional time exceed five (5) days. Landlord and Tenant agree that time and strict punctual performance are of the essence with respect to each provision of this Work Letter and that any and all decisions of the Construction Panel as to the matter in dispute shall be binding upon both Landlord and Tenant.
Binding Resolution. The Construction Panel shall meet within two (2) business days of the fifth party being selected as a member of the Construction Panel and the Construction Panel shall thereafter resolve the issue in dispute within two (2) business days, unless it is mutually agreed among the Construction Panel members that additional time is necessary to resolve the dispute, but in no event shall such additional time exceed five (5) business days. Landlord and Tenant agree that time and strict punctual performance are of the essence with respect to each provision of this Exhibit "D" and that any and all decisions of the Construction Panel as to the matter in dispute shall be binding upon both Landlord and Tenant. ATTACHMENT 1 to EXHIBIT "D" DESCRIPTION OF BUILDING SHELL REQUIREMENTS
Binding Resolution. The determination made by the Arbitrator under ------------------ Section 8.2 hereof shall be conclusive and binding upon the Parties and shall not be subject to appeal, except in the case of manifest mathematical error.
Binding Resolution. Any and all decisions of the Construction Panel ------------------ made by unanimous agreement as to the matter in dispute shall be binding upon both Seller and Buyer. In the absence of such unanimous agreement, any and all decisions by the Arbitrator shall be binding upon both Seller and Buyer. The provisions of this Article 7 are an arbitration agreement enforceable under Section 1280 et seq. of the California Code of Civil Procedure.
Binding Resolution. The Construction Panel shall meet within two (2) business days of the fifth party being selected as a member of the Construction Panel and the Construction Panel shall thereafter resolve the issue in dispute within two (2) business days, unless it is mutually agreed among the Construction Panel members that additional time is necessary to resolve the dispute, but in no event shall such additional time exceed five (5) business days. Landlord and Tenant agree that time and strict punctual performance are of the essence with respect to each provision of this Exhibit “D” and that any and all decisions of the Construction Panel as to the matter in dispute shall be binding upon both Landlord and Tenant. ATTACHMENT 1 to EXHIBIT "D" DESCRIPTION OF BUILDING SHELL REQUIREMENTS The “Building Shell” as defined in the Work Letter shall include those elements shown on Landlord’s Plans described as : Construction Set Drawings dated December 3, 1999, Addendum No. 1, and Project Manual dated December 3, 1999, both as prepared by Xxxxx Xxxx & Associates, as same may be amended from time to time as set forth in the Work Letter. ATTACHMENT 2 TO EXHIBIT "D" DEVELOPMENT SCHEDULE ATTACHMENT 3 TO EXHIBIT "D" PROJECT DOCUMENTS
Binding Resolution. Each party understands, acknowledges and agrees that this Settlement Agreement is a full, final and binding resolution of the Disputes and Claims, and that this Settlement Agreement supersedes any prior verbal or written communications between the parties with respect to the foregoing. With respect to the Disputes and Claims, there are no other agreements, promises, understandings, obligations, covenants, or representations between the parties and each party acknowledges that it is not relying on any other representations, warranties, agreement or undertakings other than those expressly contained herein. This Settlement Agreement may be executed in more than one counterpart, each of which is an original, but all taken together, shall be deemed one and the same agreement.
