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.
Appears in 51 contracts
Samples: Distribution Agreement (Vector Group LTD), Distribution Agreement (Douglas Elliman Inc.), Transition Services Agreement (Douglas Elliman Inc.)
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.
Appears in 16 contracts
Samples: Tax Sharing Agreement, Tax Sharing Agreement (ADT, Inc.), Tax Sharing Agreement (ADT, Inc.)
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.
Appears in 15 contracts
Samples: Distribution Agreement, Intellectual Property Cross License Agreement, Separation and Distribution Agreement (Perspecta Inc.)
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.
Appears in 14 contracts
Samples: Separation and Distribution Agreement (Veralto Corp), Separation and Distribution Agreement (Danaher Corp /De/), Separation and Distribution Agreement (Veralto Corp)
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.
Appears in 9 contracts
Samples: Separation and Distribution Agreement (PJT Partners Inc.), Separation and Distribution Agreement (PJT Partners Inc.), Separation and Distribution Agreement (Covidien Ltd.)
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.
Appears in 5 contracts
Samples: Management Services Agreement (FG Group Holdings Inc.), Management Services Agreement (Strong Global Entertainment, Inc.), Management Services Agreement (Strong Global Entertainment, Inc)
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.
Appears in 5 contracts
Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (Marriott International Inc /Md/), Noncompetition Agreement (Marriott International Inc /Md/)
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.
Appears in 4 contracts
Samples: Separation and Distribution Agreement (Huntington Ingalls Industries, Inc.), Separation and Distribution Agreement (Northrop Grumman Corp /De/), Separation and Distribution Agreement (Huntington Ingalls Industries, Inc.)
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.
Appears in 3 contracts
Samples: Distribution Agreement (Us Office Products Co), Distribution Agreement (School Specialty Inc), Distribution Agreement (Aztec Technology Partners Inc /De/)
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.
Appears in 3 contracts
Samples: Distribution Agreement (Vital Images Inc), Distribution Agreement (Vital Images Inc), Distribution Agreement (Vital Images Inc)
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.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Ingersoll-Rand PLC), Separation and Distribution Agreement (Allegion PLC), Separation and Distribution Agreement (Allegion PLC)
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.
Appears in 2 contracts
Samples: Transition Services Agreement (Vital Images Inc), Transition Services Agreement (Vital Images Inc)
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.
Appears in 1 contract
Samples: Separation and Distribution Agreement (SharkNinja, Inc.)
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.
Appears in 1 contract
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
Appears in 1 contract
Samples: Separation and Distribution Agreement (SharkNinja, Inc.)