Common use of Claims Arbitration Clause in Contracts

Claims Arbitration. (a) All claims by Executive for compensation and benefits under this Agreement shall be directed to and determined by the Chief Executive Officer and shall be in writing. Any denial by the Chief Executive Officer of a claim for benefits under this Agreement shall be delivered to Executive in writing and shall set forth the specific reasons for the denial and specific provisions of this Agreement relied upon. The Chief Executive Officer shall afford a reasonable opportunity to Executive for a review of a decision denying a claim and shall further allow Executive to appeal to the Chief Executive Officer a decision of the Chief Executive Officer of MedPartners within 60 days after notification by the Chief Executive Officer that Executive's claim has been denied. (b) To the extent permitted by applicable law, any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Birmingham, Alabama, in accordance with the rules of the American Arbitration Association then in effect. The agreement set forth herein to arbitrate shall be specifically enforceable under the prevailing arbitration law. (c) By initialing below, the parties hereto (i) acknowledge that they have read and understood the provisions of this Section regarding arbitration and (ii) that performance of this Agreement will be an interstate commerce as that term is used in the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., and the parties contemplated substantial interstate activity in the performance of this Agreement including, but not limited to, interstate travel, the use of interstate phone lines, the use of the U.S. mail services and other interstate courier services.

Appears in 3 contracts

Samples: Employment Agreement (Medpartners Inc), Employment Agreement (Medpartners Inc), Employment Agreement (Medpartners Inc)

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Claims Arbitration. (a) All claims by Executive for compensation and benefits under this Agreement shall be directed to and determined by the Chief Executive Officer Board of Directors and shall be in writing. Any denial by the Chief Executive Officer Board of Directors of a claim for benefits under this Agreement shall be delivered to Executive in writing and shall set forth the specific reasons for the denial and specific provisions of this Agreement relied upon. The Chief Executive Officer Board of Directors shall afford a reasonable opportunity to Executive for a review of a decision denying a claim and shall further allow Executive to appeal to the Chief Executive Officer Board of Directors a decision of the Chief Executive Officer Board of MedPartners Directors within 60 days after notification by the Chief Executive Officer Board of Directors that Executive's claim has been denied. (b) To the extent permitted by applicable law, any further dispute in connection with clause (a) above or any other dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in BirminghamNew York, AlabamaNew York, in accordance with the rules of the American Arbitration Association AAA then in effect. The agreement set forth herein to arbitrate shall be specifically enforceable under the prevailing arbitration law. (c) By initialing below, the parties hereto (i) acknowledge that they have read and understood the provisions of this Section regarding arbitration and (ii) that performance of this Agreement will be an interstate commerce as that term is used in the Federal Arbitration Act, 9 U.S.C. Section ss. 1 et seq., and the parties contemplated substantial interstate activity in the performance of this Agreement including, but not limited to, interstate travel, the use of interstate phone lines, the use of the U.S. mail services and other interstate courier services.

Appears in 2 contracts

Samples: Employment Agreement (Caremark Rx Inc), Employment Agreement (Medpartners Inc)

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Claims Arbitration. (a) All claims by Executive for compensation and benefits under this Agreement shall be directed to and determined by the Chief Executive Officer Board of Directors and shall be in writing. Any denial by the Chief Executive Officer Board of Directors of a claim for benefits under this Agreement shall be delivered to Executive in writing and shall set forth the specific reasons for the denial and specific provisions of this Agreement relied upon. The Chief Executive Officer Board of Directors shall afford a reasonable opportunity to Executive for a review of a decision denying a claim and shall further allow Executive to appeal to the Chief Executive Officer Board of Directors a decision of the Chief Executive Officer Board of MedPartners Directors within 60 days after notification by the Chief Executive Officer Board of Directors that Executive's claim has been denied. (b) To the extent permitted by applicable law, any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Birmingham, Alabama, in accordance with the rules of the American Arbitration Association then in effect. The agreement set forth herein to arbitrate shall be specifically enforceable under the prevailing arbitration law. (c) By initialing below, the parties hereto (i) acknowledge that they have read and understood the provisions of this Section regarding arbitration and (ii) that performance of this Agreement will be an interstate commerce as that term is used in the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., and the parties contemplated substantial interstate activity in the performance of this Agreement including, but not limited to, interstate travel, the use of interstate phone lines, the use of the U.S. mail services and other interstate courier services.

Appears in 1 contract

Samples: Employment Agreement (Medpartners Inc)

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