Consolidation. No arbitration shall include, by consolidation, joinder, or in any other manner, any additional person not a party to this Agreement (other than affiliates of any such party, which affiliates may be included in the arbitration), except by written consent of the parties hereto containing a specific reference to this Agreement.
Appears in 12 contracts
Samples: Investment Agreement (Avi Biopharma Inc), Supply Agreement (Avi Biopharma Inc), Investment Agreement (Avi Biopharma Inc)
Consolidation. No arbitration shall include, by consolidation, joinder, joinder or in any other manner, any additional person not a party to this Agreement (other than affiliates of any such party, which affiliates may be included in the arbitration), except by written consent of the parties hereto containing a specific reference to this Agreement.
Appears in 12 contracts
Samples: Executive Purchase Agreement (Choice One Communications Inc), Executive Purchase Agreement (Choice One Communications Inc), Executive Purchase Agreement (Choice One Communications Inc)
Consolidation. No arbitration arising under the Agreement shall include, by consolidation, joinder, or in any other manner, any additional person not a party to this the Agreement unless (other than affiliates a) such person is substantially involved in a common question of fact directly relating to the Dispute; provided however, such person will not include any such partyGovernmental Authority, which affiliates may (b) the presence of the person is required if complete relief is to be included accorded in the arbitration), except by written consent of the parties hereto containing a specific reference to this Agreement.and
Appears in 6 contracts
Samples: Power Purchase Agreement, Renewable Power Purchase Agreement, Renewable Power Purchase Agreement
Consolidation. No arbitration arising under this Agreement shall include, by consolidation, joinder, joinder or in any other manner, any additional person or entity not a party Party to this Agreement Agreement, unless (other than affiliates a) such person or entity is substantially involved in a common question of any fact or law, (b) the presence of such party, which affiliates may person or entity is required if complete relief is to be included accorded in the arbitration), except by written consent of the parties hereto containing a specific reference and (c) such person or entity has consented to this Agreementsuch inclusion.
Appears in 6 contracts
Samples: Turbine Supply Agreement (First Wind Holdings Inc.), 2009 Omnibus Agreement (First Wind Holdings Inc.), 2009 Omnibus Agreement (First Wind Holdings Inc.)
Consolidation. No arbitration shall include, by consolidation, joinder, or in any other manner, any additional person not a party to this Agreement (other than affiliates of any such party, which affiliates may be included in the arbitration)Agreement, except by written consent of the both parties hereto containing a specific reference to this Agreement.
Appears in 4 contracts
Samples: License Agreement (Ilex Oncology Inc), Ownership Restriction Agreement (Ilex Oncology Inc), License Agreement (Ilex Oncology Inc)
Consolidation. No arbitration arising under this Agreement shall include, by consolidation, joinder, joinder or in any other manner, any additional person Person not a party Party to this Agreement unless (other than affiliates i) such Person is substantially involved in a common question of any such partyfact or Laws, which affiliates may (ii) the presence of the Person is required if complete relief is to be included accorded in the arbitration), except by written consent of and (iii) the parties hereto containing a specific reference Person has consented to this Agreementbe included.
Appears in 3 contracts
Samples: Engineering, Procurement and Construction Agreement (Duke Energy CORP), Engineering, Procurement and Construction Agreement (Duke Energy Carolinas, LLC), Engineering, Procurement and Construction Agreement (Duke Energy CORP)
Consolidation. No arbitration shall include, by consolidation, joinder, or in any other manner, any additional person not a party to this Agreement (other than affiliates Affiliates of any such party, which affiliates Affiliates may be included in the arbitration), except by written consent of the both parties hereto containing a specific reference to this Agreement.
Appears in 3 contracts
Samples: License and Development Agreement, Supply Agreement (Cardiomems Inc), License and Development Agreement (Cardiomems Inc)
Consolidation. No arbitration arising under the Agreement shall include, by consolidation, joinder, or in any other manner, any additional person not a party to this the Agreement unless (other than affiliates a) such person is substantially involved in a common question of fact directly relating to the Dispute; provided however, such person will not include any such partyGovernmental Authority, which affiliates may (b) the presence of the person is required if complete relief is to be included accorded in the arbitration), except by written consent of and (c) the parties hereto containing a specific reference person has consented to this Agreementbe included.
Appears in 2 contracts
Samples: Renewable Power Purchase Agreement, Power Purchase Agreement
Consolidation. No arbitration shall include, by consolidation, joinder, joinder or in any other manner, any additional person not a party to this Agreement (other than affiliates of any such party, which affiliates may be included in the arbitration), ) except by written consent of the parties hereto containing a specific reference to this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Global Power Equipment Group Inc/)
Consolidation. No arbitration shall include, by consolidation, joinder, joinder or in any other manner, any additional person not a party to this Agreement (other than affiliates of any such party, which affiliates may be included in the arbitration)Agreement, except by written consent of the both parties hereto containing a specific reference to this Agreement.these provisions. Appendix A-3- 00
Appears in 1 contract
Samples: Asset Purchase Agreement (Rush Enterprises Inc \Tx\)
Consolidation. No arbitration shall include, by consolidation, ------------- joinder, or in any other manner, any additional person not a party to this Agreement (other than affiliates of any such party, which affiliates may be included in the arbitration), except by written consent of the parties hereto containing a specific reference to this Agreement.
Appears in 1 contract
Samples: Acquisition Agreement (Cardima Inc)
Consolidation. No arbitration shall include, by consolidation, joinder, or in any other manner, any additional person not a party to this License Agreement (other than affiliates Affiliates of any such party, which affiliates Affiliates may be included in the arbitration), except by written consent of the parties hereto both Parties containing a specific reference to this License Agreement.
Appears in 1 contract
Samples: License Agreement (Greatbatch, Inc.)
Consolidation. No arbitration shall include, by consolidation, joinder, or in any other manner, any additional person not a party Party to this Agreement (other than affiliates of any such party, which affiliates may be included in the arbitration)Agreement, except by written consent of the parties hereto both Parties containing a specific reference to this Agreement. No counterclaims may be brought in the arbitration, unless those claims were the subject of the Parties' dispute resolution procedure set forth in Sections 3.10.
Appears in 1 contract
Samples: Copromotion and Codevelopment Agreement (Viropharma Inc)
Consolidation. No arbitration shall include, by consolidation, joinder, ------------- joinder or in any other manner, any additional person not a party to this Agreement (other than affiliates of any such party, which affiliates may be included in the arbitration)Agreement, except by written consent of the both parties hereto containing a specific reference to this Agreementthese provisions.
Appears in 1 contract
