Commencement of Arbitration. Any party may commence arbitration by serving upon all other parties a written demand for arbitration sent by certified mail, return receipt requested, in accordance with Agreement, with a copy of the same delivered by certified mail, return receipt requested, to the AAA regional office in which Palo Alto California is then located. The AAA shall administer the arbitration. The arbitration panel shall consist of three members, one being appointed by each party and the third, who shall be the chairman of the panel, being appointed by mutual agreement of the two party-appointed arbitrators. In the event of failure of said two arbitrators to agree within sixty (60) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either party shall fail to appoint an arbitrator within thirty (30) days after the commencement of the arbitration proceeding, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. The arbitration award shall be rendered by a majority of the members of the Board of Arbitration. Except as expressly provided in this Agreement in Section 17.9, the panel shall not be entitled to modify this Agreement or the transactions contemplated herein.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Medicis Pharmaceutical Corp), Asset Purchase Agreement (Medicis Pharmaceutical Corp), Asset Purchase Agreement (Medicis Pharmaceutical Corp)
Commencement of Arbitration. Any party may commence arbitration by serving upon all other parties a written demand for arbitration sent by certified mail, return receipt requested, in accordance with Agreement, with a copy of the same delivered by certified mail, return receipt requested, to the AAA regional office in which Palo Alto California is then located. The AAA shall administer the arbitration. The arbitration panel shall consist of three members, one being appointed by each party and the third, who shall be the chairman of the panel, being appointed by mutual agreement of the two party-appointed arbitrators. In the event of failure of said two arbitrators to agree within sixty (60) days after the commencement of the arbitration proceeding upon the appointment of the third arbitrator, the third arbitrator shall be appointed by the AAA in accordance with the Rules. In the event that either party shall fail to appoint an arbitrator within thirty (30) days after the commencement of the arbitration proceeding, such arbitrator and the third arbitrator shall be appointed by the AAA in accordance with the Rules. The 24 arbitration award shall be rendered by a majority of the members of the Board of Arbitration. Except as expressly provided in this Agreement in Section 17.9, the panel shall not be entitled to modify this Agreement or the transactions contemplated herein.
Appears in 1 contract
Samples: Asset Purchase Agreement (Medicis Pharmaceutical Corp)