Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S., but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 6 contracts
Samples: Share Purchase Agreement (Proofpoint Inc), Merger Agreement (Proofpoint Inc), Merger Agreement (E2open Inc)
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.JAMS, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 5 contracts
Samples: Unit Purchase Agreement, Merger Agreement (Zuora Inc), Unit Purchase Agreement (Apptio Inc)
Compensation of Arbitrator. Any such arbitration will shall be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or and by J.A.M.S.the AAA, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 4 contracts
Samples: Merger Agreement (Data Processing Resources Corp), Commitment Agreement (Talarian Corp), Merger Agreement (Lancashire Christopher W)
Compensation of Arbitrator. Any such arbitration will shall be conducted before a single arbitrator who will shall be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 4 contracts
Samples: Escrow Agreement (Discreet Logic Inc), Merger Agreement (Mattson Technology Inc), Merger Agreement (Silicon Valley Research Inc)
Compensation of Arbitrator. Any such arbitration will be -------------------------- conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Verisign Inc/Ca), Employment Agreement (Applied Micro Circuits Corp), Employment Agreement (Applied Micro Circuits Corp)
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the AAA, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 2 contracts
Samples: Asset Purchase Agreement (I Many Inc), Asset Purchase Agreement (Neoforma Inc)
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the ICC, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Advanced Semiconductor Engineering Inc), Asset Purchase Agreement (Ase Test LTD)
Compensation of Arbitrator. Any such arbitration will shall be conducted before a single arbitrator arbitrator, who will be compensated for his or her services services, as provided below in Section (v), at a rate to be determined by the parties or by J.A.M.S.pursuant to the CPR Rules, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event KHC and the parties Holders' Representative are not able to agree upon his or her rate of compensation.
Appears in 2 contracts
Samples: Merger Agreement (Celerity Group Inc), Merger Agreement (Celerity Group Inc)
Compensation of Arbitrator. Any such arbitration will shall be conducted before a single arbitrator who will shall be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon a reasonable hourly or daily consulting rates rate for the arbitrator in the event if the parties are not able to agree upon his or her rate of compensation.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Axtive Corp), Merger Agreement (Axtive Corp)
Compensation of Arbitrator. Any such arbitration will be conducted before a single neutral arbitrator who will be compensated for his or her his services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her his rate of compensation.
Appears in 2 contracts
Samples: Employment Agreement (Highland Clan Creations Corp), Employment Agreement (Highland Clan Creations Corp)
Compensation of Arbitrator. Any such arbitration will shall be -------------------------- conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or and by J.A.M.S.the AAA, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Samples: Agreement of Purchase and Sale of Assets (Data Processing Resources Corp)
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her his rate of compensation.
Appears in 1 contract
Compensation of Arbitrator. Any such arbitration will shall be -------------------------- conducted before a single arbitrator who will shall be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the AAA, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event if the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by Acquiror and the parties Securityholder Representative or by J.A.M.S., but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Samples: Merger Agreement (Pluralsight, Inc.)
Compensation of Arbitrator. Any such arbitration will be conducted before a single neutral arbitrator who will be compensated for his or her his services at a rate to be determined by the parties or by J.A.M.S.reference to JAMS then-current employment arbitration rules, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her his rate of compensation.
Appears in 1 contract
Samples: Employment Agreement (Raptor Pharmaceuticals Corp.)
Compensation of Arbitrator. Any such arbitration will shall -------------------------- be conducted before a single arbitrator who will shall be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Asymetrix Learning Systems Inc)
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.. (iii)
Appears in 1 contract
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.parties, but based upon reasonable hourly or daily consulting rates determined by the American Arbitration Association for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Micro Focus Group Public Limited Company)
Compensation of Arbitrator. Any such arbitration will shall be conducted before a single arbitrator who will shall be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the AAA, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event if the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Samples: Exchange Agreement (Glu Mobile Inc)
Compensation of Arbitrator. Any such arbitration will be conducted -------------------------- before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon a reasonable hourly or daily consulting rates rate for the arbitrator in the event if the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Compensation of Arbitrator. Any such arbitration will be -------------------------- conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon a reasonable hourly or daily consulting rates rate for the arbitrator in the event if the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by Brooklyn together with the parties Sellers’ Representative (on behalf of the Seller Indemnifying Parties) or by J.A.M.S., but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Samples: Agreement and Plan of Acquisition (Brooklyn ImmunoTherapeutics, Inc.)
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator arbitrator, selected as provided above, who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Samples: Escrow Agreement (McLeod Inc)
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.upon
Appears in 1 contract
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or Parties or, if the Parties are unable to agree, by J.A.M.S., but based upon reasonable hourly or daily consulting rates for the arbitrator in American Arbitration Association (the event the parties are not able to agree upon his or her rate of compensation"AAA").
Appears in 1 contract
Samples: Merger Agreement (Access Beyond Inc)
Compensation of Arbitrator. Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.parties, but based upon reasonable hourly or daily consulting rates for the arbitrator as determined by the American Arbitration Association in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Compensation of Arbitrator. Any such arbitration will shall be -------------------------- conducted before a single arbitrator who will shall be compensated for his or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Emusic Com Inc)
Compensation of Arbitrator. Any such arbitration will be conducted before a single neutral arbitrator who will be compensated for his her or her services at a rate to be determined by the parties or by J.A.M.S.the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his her or her rate of compensation.
Appears in 1 contract
Samples: Employment Agreement (Highland Clan Creations Corp)
