Common use of Consolidation Clause in Contracts

Consolidation. The arbitrators may consolidate any Agreement Disputes under this Agreement if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Ancillary Agreements or any other agreement between the Parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators arbitrator may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Ancillary Agreements or any other agreement between the parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise arises out of or relate relates essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators arbitrator may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Ancillary Agreements or any other agreement between the Parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise arises out of or relate relates essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Ancillary Agreements or any other agreement between the parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators may consolidate any Agreement Disputes arbitration under this Agreement with any arbitration arising under or relating to any of the Transaction Agreements if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall will be determined by the arbitrator arbitrators appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators arbitrator may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to any other agreement between the Parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise arises out of or relate relates essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator arbitrator(s) appointed for the arbitration proceeding that was commenced first in time, and affirmed by the Arbitration Tribunal in the instance of each arbitration thereby being consolidated.

Consolidation. The arbitrators arbitrator may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Related Agreements or any other agreement between the parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall will be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators arbitrator may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Ancillary Agreements or any other agreement between the parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise arises out of or relate relates essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators Arbitrator may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Ancillary Agreements or any other agreement between the parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators arbitrator may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Related Agreements or any other agreement between the parties entered into pursuant to the Distribution Agreement, as the case may be, if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall will be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Ancillary Agreements or any other agreement between the parties entered into pursuant hereto or thereto, as the case may be, if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator arbitrators appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators arbitrator may consolidate any Agreement Disputes an arbitration ------------- under this Agreement with any arbitration arising under or relating to the Related Agreements or any other agreement between the parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.

Consolidation. The arbitrators may consolidate any Agreement Disputes under this Agreement if the subject of the Agreement Disputes thereunder arise out of or relate essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator appointed for the arbitration proceeding that was commenced first in time.. ** CONFIDENTIAL TREATMENT REQUESTED BY XXXXXXX XXXXXXX INC. PURSUANT TO CFR SECTION 200.83 **

Consolidation. The arbitrators may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Ancillary Agreements or any other agreement between the Parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise arises out of or relate relates essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator arbitrators appointed for the arbitration proceeding that was commenced first in time.. ARTICLE IX INSURANCE Section 9.1

Consolidation. The arbitrators may consolidate any Agreement Disputes an arbitration under this Agreement with any arbitration arising under or relating to the Ancillary Agreements or any other agreement between the Parties entered into pursuant hereto, as the case may be, if the subject of the Agreement Disputes thereunder arise arises out of or relate relates essentially to the same set of facts or transactions. Such consolidated arbitration shall be determined by the arbitrator arbitrators appointed for the arbitration proceeding that was commenced first in time.