Commercial Arbitration. 1.9.6.1 When both Parties agree to binding commercial arbitration, disputes will be submitted to a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association for commercial disputes or pursuant to such other provider of arbitration services or rules as the Parties may agree. The place where each separate arbitration will be held will be Chicago, Illinois, unless the Parties agree otherwise. The arbitration hearing will be requested to commence within 60 days of the demand for arbitration. The arbitrator will control the scheduling so as to process the matter expeditiously. The Parties may submit written briefs upon a schedule determined by the arbitrator. The Parties will request that the arbitrator rule on the dispute by issuing a written opinion within 30 days after the close of hearings. The arbitrator has no authority to award punitive damages, exemplary damages, consequential damages, multiple damages, or any other damages not measured by the prevailing Party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement. The times specified in this Section may be extended or shortened upon mutual agreement of the Parties or by the arbitrator upon a showing of good cause. Each Party will bear its own costs of these procedures. The Parties will equally split the fees of the arbitration and the arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Commercial Arbitration. In the event that the Parties fail to resolve a dispute pursuant to Section 8.1 above, the Party initiating arbitration proceedings may request commercial arbitration. Within ten (10) days after receipt of such a request, each Party’s authorized representative shall confer with the other and attempt to agree upon appointment of a single arbitrator. If such agreement is not accomplished, either Party may request the International Chamber of Commerce to appoint an arbitrator familiar with the industry standards for international private power facilities in accordance with its Rules of Conciliation and Arbitration, which rules shall govern the conduct of the arbitration in the absence of contrary agreements by both Parties. The arbitrator shall conduct a hearing in Sydney, Australia, the language to be used shall be English, and within thirty (30) days thereafter, shall notify the Parties in writing of its decision stating separately findings of fact and determinations of law. The arbitrator shall not have the power to add to or amend this Agreement. The Parties exclude any right of application or appeal to any courts in connection with any question of law arising in the course of arbitration or with respect to any award made. Subject to such limitation, the decision of the arbitrator shall be final and binding, and the arbitrator shall be entitled to grant equitable awards compelling specific performance or restraining any actual or threatened breach of any material obligation of the Agreement. The decision of the arbitrator shall determine and specify how the expenses of the arbitration shall be allocated.
Commercial Arbitration. 12.7.1 Disputes subject to elective commercial arbitration under the provisions of this Agreement will be submitted to a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association or pursuant to such other provider of arbitration services or rules as the Parties may agree. The arbitrator shall be knowledgeable of telecommunications issues. Each arbitration will be held in Lansing, Michigan. The arbitration hearing will be requested to commence within sixty (60) calendar days of the demand for arbitration. The arbitrator will control the scheduling so as to process the matter expeditiously. The Parties may submit written
Commercial Arbitration. Any arbitration under this Agreement shall be deemed commercial arbitration, not subject to the consumer arbitration provisions of Florida Code of Civil Procedure.
Commercial Arbitration. Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo or prevent irreparable harm pending the selection and confirmation of a panel of arbitrators, any dispute arising under this Agreement shall be resolved through mediation and arbitration. The parties agree to first try to resolve the dispute informally with the help of a mutually agreed upon mediator. If the parties cannot agree on a mediator or fail to arrive at a mutually satisfactory solution through mediation within ten days following the commencement of such mediation, the parties agree to submit their dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in San SRI Agreement No. ____________ Francisco, California if initiated by CCC and in Seattle, Washington if initiated by SRI.
Commercial Arbitration. Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo or prevent irreparable harm pending the selection and confirmation of a panel of arbitrators, any dispute arising under this Agreement shall be resolved through mediation and arbitration. The parties agree to first try to resolve the dispute informally with the help of a mutually agreed upon mediator. If the parties cannot agree on a mediator or fail to arrive at a mutually satisfactory solution through mediation, the parties agree to submit their dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California if initiated by CCC and in Seattle, Washington if initiated by SRI.
Commercial Arbitration. Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo or prevent irreparable harm pending the selection and confirmation of an arbitrator, any dispute arising under this Agreement shall be resolved through mediation and arbitration. The parties agree to first try to resolve the dispute informally with the help of a mutually agreed upon mediator. If the parties cannot agree on a mediator or fail to arrive at a mutually satisfactory solution through mediation within ten (10) days following the commencement of such mediation, the parties agree to submit their dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Chicago, Illinois.
Commercial Arbitration. In case of trouble with the AGREEMENT, both parties assign Japan Commercial Arbitration Association and under the rule thereof to settle a dispute and the award thereof shall be final and binding upon both parties. This KDS Version 3 uses encryption algorithm "XXXXX" developed by MITSUBISHI ELECTRIC CORPORATION". Windows is the registered trade mark of Microsoft Corporation. And all the other brand names or product names are the company. ¤2007 Kawasaki Heavy Industries, Ltd. First Edition (1) July 2, 2007
1. KAWASAKI DIAGNOSTIC SYSTEM VERSION 3 OUTLINE. 1
1.1 SYSTEM FUNCTION 1 1.2 KDS VERSION 3 SYSTEM CONFIGURATION 2 1.3 ZG1400A/B SYSTEM CONFIGURATION 3
1.4 PERSONAL COMPUTER (PC) MINIMUM SYSTEM REQUIREMENTS FOR KDS 3 3 2. INSTALLATION PROCEDURES 4 2.1 INSTALLATION OF KDS 3 ADAPTER 4 2.2 INSTALLATION OF KDS 3 SOFTWARE 8 3. CABLE CONNECTION 9 3.1 REQUIRED TOOLS 9 3.2 CONNECTING PC TO ECU.................................................................................................................9 ~ 13 3.2.1 ~ 3.2.15 Instructions on various models....................................................................................9 ~ 13 4. MENU ITEMS 14 4.1 MENU STRUCTURE 14 4.2 FUNCTION OF MENU ITEMS 15 5. KDS 3 OPERATION FOR KI-PASS SYSTEM 16 5.1 STARTING KDS 3 16 5.2 DIAGNOSIS 17 5.3 REAL TIME MONITOR 17 5.3.1 Selecting Display Items 18 5.3.2 Saving Service Data. 19 5.3.3 Printing 20 5.4 TIRE AIR PRESSURE MEASURING SYSTEM (TPMS) SENSOR REPLACEMENT 20 5.4.1 Deleting TPMS ID 20 5.5 FOB REGISTRATION 22 5.5.1 Additional FOB Registration 22 5.5.2 FOB Re-registration 23 5.6 IMMOBILIZER KEY REGISTRATION (SMART ECU REPLACEMENT) 24 5.7 FI ECU REPLACEMENT 27 5.8 STEERING LOCK UNIT (ECU) REPLACEMENT 28 5.9 SMART ECU REPLACEMENT 29 6. KDS 3 OPERATIONS FOR FI SYSTEM 30 6.1 STARTING KDS 3 30
1. Kawasaki Diagnostic System Version 3 Outline
Commercial Arbitration. In the event that EPME and East Coast fail to resolve a dispute pursuant to Section 8.1 above, the party initiating arbitration proceedings may request arbitration, to be held before a tribunal of three (3) neutral arbitrators. Within ten (10) days after receipt of such a request, each party's authorized representative shall confer with the other and indicate its appointment of an arbitrator. Within twenty (20) days after the receipt of the request for arbitration, the two (2) arbitrators so appointed shall attempt to agree on a third arbitrator. If one (1) or more parties have not been appointed an arbitrator, or if two (2) appointed arbitrators cannot agree on a third arbitrator, by twenty (20) days after the receipt of the request for commercial arbitration, then either party may request the American Arbitration Association ("AAA") to appoint the required remaining number of arbitrators. The AAA shall choose arbitrators familiar with the industry standards for international private power facilities in accordance with its Construction Industry Arbitration Rules and Supplementary Procedures for Large Complex Disputes ("AAA Rules"), which rules shall govern the conduct of the arbitration in the absence of contrary agreement by all parties. The arbitration shall be held in Houston, Texas. All proceedings shall be conducted in English (by translation, if necessary). The arbitrators shall not have the power to add to or amend this Agreement. The parties exclude any right of application or appeal to any courts in connection with any question of law or other issues arising in the course of arbitration or with respect to any award made. Subject to such limitation, the decision of the arbitrators shall be final and binding, and the arbitrators shall be entitled to grant equitable awards compelling specific performance or restraining any actual or threatened breach of any material obligations of the Agreement. The decision of the arbitrators shall determine and specify how the expenses of the arbitration shall be allocated. Within thirty (30) days following the conclusion of the hearing, unless such time is extended by agreement, the
Commercial Arbitration i. It is a condition precedent to the right of either party to commence commercial arbitration that it has first offered to submit the dispute to mediation in accordance with clause 18.5.
ii. In the event that mediation fails to resolve the dispute the parties agree that they will refer their dispute to a commercial arbitrator appointed under the Commercial Arbitration Act that applies to State or Territory where the Contract was made.
iii. The parties agree not to commence proceedings in any court or tribunal to adjudicate the dispute, but instead to appoint a commercial arbitrator pursuant to the Commercial Arbitration Act of the State or Territory where the contract was made to adjudicate the dispute via making an arbitral award.
iv. The parties agree that the arbitrator’s decision will be final and binding.
v. The parties agree that they will appoint an arbitrator within fourteen (14) days after the conclusion of mediation under clause 1.5.
vi. The parties agree that if they cannot agree on their choice of arbitrator they will request a representative of the Chair of the Australian Disputes Centre (ADC) at Xxxxx 00, 0 Xxxxxxxxxxx Xxxxxx, Xxxxxx XXX 0000, 61 2 9239 0700 to appoint an arbitrator to arbitrate their dispute.
vii. The Arbitration shall be conducted in Sydney New South Wales in accordance with the ADC Rules for Arbitration which are operating at the time the dispute is referred to the ADC and which terms are hereby incorporated into this agreement.
viii. This clause shall survive termination of this agreement.