Common use of Conclusive Determination Clause in Contracts

Conclusive Determination. To the fullest extent provided by law, the determination of the Fair Market Value of the Selling Member's Interest made pursuant to this Section 3.3 shall be final and binding on the Company and the Members hereto, and such determination shall not be appealable to or reviewable by any court or arbitrator, but judgment on such determination may be entered in any court having jurisdiction thereof; provided, however, that the foregoing shall not limit a Member's rights to seek arbitration of the obligations of the other Members and the Company hereunder.

Appears in 2 contracts

Samples: License Agreement (Nstar/Ma), Operating Agreement (RCN Corp /De/)

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Conclusive Determination. To the fullest extent provided by law, the determination of the Fair Market Value of the Selling Member's Interest made pursuant to this Section 3.3 8.9 shall be final and binding on the Company and the Members hereto, and such determination shall not be appealable to or reviewable by any court or arbitrator, but judgment on such determination may be entered in any court having jurisdiction thereof; provided, however, provided that the foregoing shall not limit a Member's rights to seek arbitration of the obligations of the other Members and the Company hereunder.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Harvest States Cooperatives), Limited Liability Company Agreement (Cenex Harvest States Cooperatives)

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Conclusive Determination. To the fullest extent provided by law, the determination of the Fair Market Value of the Selling Member's ’s Interest made pursuant to this Section 3.3 shall be final and binding on the Company and the Members hereto, and such determination shall not be appealable to or reviewable by any court or arbitrator, but judgment on such determination may be entered in any court having jurisdiction thereof; provided, however, that the foregoing shall not limit a Member's ’s rights to seek arbitration of the obligations of the other Members and the Company hereunder.

Appears in 1 contract

Samples: Operating Agreement (RCN Corp /De/)

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