Construction; Arbitration Sample Clauses

Construction; Arbitration. (a) In any case where this Lease expressly provides for the resolution of a dispute by Construction Arbitration, either Owner or Tenant may, by notice to the other, require that the dispute in question be presented for resolution to the first available arbitrator set forth on Exhibit H to this Lease. In the event the first named arbitrator listed on that Exhibit is not available or is unwilling to serve, the arbitrator next set forth on the list shall be engaged, and so on, until arriving at an available arbitrator. (b) The parties shall make whatever presentations they wish and present whatever evidence they wish to the arbitrator with respect to the dispute in question, including whether or not such dispute is subject to the dispute resolution mechanism of this Section, within five (5) Business Days of receipt of an arbitration notice. Within three (3) Business Days thereafter, the arbitrator shall attempt to cause Owner and Tenant to agree on a resolution to the dispute and, failing that, the arbitrator shall make a decision in writing. The expenses of arbitration shall be shared equally by Owner and Tenant but each party shall be responsible for the fees and disbursements of its own attorneys and the expenses of its own proof; provided, however, the Prevailing Party’s reasonable costs and expenses (including attorneys’ fees and disbursements) shall be paid or reimbursed by the unsuccessful party. Owner and Tenant shall sign all documents and to do all other things necessary to submit any such matter to such arbitration and further shall, and hereby do, waive any and all rights they or either of them may at any time have to revoke their agreement hereunder to submit to such arbitration and to abide by the decision rendered thereunder. This arbitration procedure shall be the exclusive remedy under this Lease as to disputes to be resolved by Construction Arbitration and neither Owner nor Tenant shall have any right to seek any injunctive or other mandatory relief in connection therewith. (c) If at any time any of the named arbitrators, retires, is disqualified by Owner or Tenant for a legitimate reason reasonably determined by Owner or Tenant, or elects to withdraw from the list, Owner and Tenant shall agree on a replacement arbitrator within five (5) Business Days after notice thereof. If Owner and Tenant fail to so agree, either may apply to the President of the Real Estate Board of New York, Inc. to appoint a replacement arbitrator. All newly chosen ar...

Construction; Arbitration. (a) THIS AGREEMENT, THE OTHER PRINCIPAL DOCUMENTS AND THE LEGAL RELATIONS OF THE COMPANY AND THE LENDER HEREUNDER AND THEREUNDER SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES REGARDING THE CHOICE OF LAW. THE COMPANY AND THE LENDER HEREBY CONSENT AND SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK AND THE FEDERAL DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THEIR RESPECTIVE OBLIGATIONS HEREUNDER AND UNDER THE OTHER PRINCIPAL DOCUMENTS, AND EXPRESSLY WAIVE ANY OBJECTIONS THAT EITHER OF THEM MAY HAVE TO THE VENUE OF SUCH COURTS. THE COMPANY AND THE LENDER HEREBY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION BROUGHT ON OR WITH RESPECT TO THIS AGREEMENT AND/OR THE OTHER PRINCIPAL DOCUMENTS. (b) Notwithstanding the foregoing provisions of Section 8.10(a), upon demand of any party hereto, whether made before or after institution of any judicial proceeding, any claim or controversy arising out of or relating to the Principal Documents between parties hereto (a “Dispute”) shall be resolved by binding arbitration conducted under and governed by the Commercial Financial Disputes Arbitration Rules (the “Arbitration Rules”) of the American Arbitration Association (the “AAA”) and the Federal Arbitration Act. The number of arbitrators shall be three. Each party shall nominate an arbitrator, who shall be neutral, independent, and disinterested, and the two so chosen shall appoint the third arbitrator, who shall be neutral, independent and disinterested and who shall act as the chairperson. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, then the third arbitrator shall be selected by the AAA. The place of the arbitration shall be New York, New York, provided however, that hearings may be held elsewhere for the convenience of the parties or to obtain evidence or testimony from any person, including without limitation, the testimony, documentary evidence, or deposition of any non-party. Disputes may include, without limitation, tort claims, counterclaims, a dispute as to whether a matter is subject to arbitration, claims brought as class actions, or claims arising from documents executed in the future. The arbitrators are not empowered and shall not have the authority to award damages such as punitive, exemplary, or statutory damage...

Construction; Arbitration. This Agreement shall be construed in accordance with and governed by the laws of the State of Ohio. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. Unless otherwise required by said rules, the arbitration shall be conducted by a single arbitrator who shall not be authorized to award punitive or exemplary damages to either party, The arbitration shall be held in Cincinnati, Ohio. The award of the arbitrator shall be final and binding. Each party shall bear its own attorney's fees associated with the arbitration and other costs and expenses of the arbitration shall be born as provided by the rules of the American Arbitration Association.

Construction; Arbitration. Any disputes relating to provisions or obligations in this Work Letter shall be submitted to arbitration in accordance with the expedited construction arbitration rules for a single arbitrator as promulgated by the American Arbitration Association. Any request by Tenant to submit a matter to arbitration shall be given by Tenant’s Construction Representative and shall be given on behalf of all current Flagship Entities for whom Landlord is then performing Landlord’s Work under separate leases and any resolution hereunder shall be binding on and applicable to all such Flagship Entities. Prior written notice of application by either party for arbitration shall be given to the other at least ten (10) days before submission of the application to the said Association's office in the City of Boston. The arbitrator shall hear the parties and their evidence. The decision of the arbitrator shall be binding and conclusive, and judgment upon the award or decision of the arbitrator may be entered in the appropriate court of law, and the parties consent to the jurisdiction of such court and further agree that any process or notice of motion or other application to the Court or a Judge thereof may be served outside the State wherein the Building is situated by registered mail or by personal service, provided a reasonable time for appearance is allowed. The costs and expenses of each arbitration hereunder and their apportionment between the parties shall be determined by the arbitrator in the award or decision. No arbitrable dispute shall be deemed to have arisen under this Lease prior to the expiration of the period of twenty (20) days after the date of the giving of written notice by the party asserting the existence of the dispute together with a description thereof sufficient for an understanding thereof. C-11 C-12 C-13 Building Core & Shell construction in accordance with the requirements of Massachusetts State Building Code X Tenant improvement construction in accordance with the requirements of Massachusetts State Building Code X Building Core & Shell shall be LEED Gold certifiable by USGBC Standards X Perimeter sidewalks, street curbs, miscellaneous site furnishings and landscaping X Telephone service to main demarcation room from local exchange carrier X Domestic sanitary sewer connection to street X Lab waste sewer connection (through pH neutralization system) X Roof storm drainage X Electrical service to main switch room X Gas service X Domestic water service t...

Construction; Arbitration. This Agreement shall be construed and enforced under the laws of the State of Nevada, Clark County. Any controversy arising out of or rel▇▇▇▇▇ to the performance or interpretation of this Agreement shall be subject to arbitration, under the laws of the State of Nevada and in Las Vegas, Nevada. Notwithstanding the preceding paragraph, the designation of venue and choice of law is for the sole convenience of the parties hereto, and any such party may be represented during said arbitration by their corporate counsel or other such counsel of their choosing, regardless of whether they are a member of the State Bar of Nevada. Arbitration shall be conducted by a retired Nevada District Court Judge with experience in trying issues and disputes of similar kind to the dispute at issue herein, who may award any remedy that is just and equitable in his/her opinion and such judgement may be entered in a court of competent jurisdiction on any award rendered hereunder. If the parties cannot mutually agree on an arbitrator, then any court of competent jurisdiction, shall on upon application appoint an arbitrator consistent with qualifications required in this paragraph. Evidence presented at the arbitration shall be admitted or excluded in accordance with the NEVADA EVIDENCE CODE. If any party refuses or neglects to appear at or to participate in arbitration proceedings after reasonable notice, the arbitrator is empowered to decide the controversy in accordance with whatever evidence is presented by the party or parties who do participate. The arbitrator will award to the prevailing party or parties such sums as are proper to compensate for the time, expense and trouble of arbitration, including arbitrations fees plus attorney fees, which attorney's fee award shall not exceed ten percent (10%) of the arbitration award. The arbitrator will retain the jurisdiction of a controversy even if a party or parties to dispute will not or cannot be joined in the arbitration proceedings.

Construction; Arbitration. This Agreement shall be governed and construed in accordance with the laws of the State of California. Any dispute or controversy between you on the one hand, and the Company, on the other hand, in any way arising out of, related to, or connected with this Agreement or subject matter thereof, or otherwise in any way arising out of, related to, or connected with your services hereunder with the Company shall be resolved through final binding arbitration in Los Angeles, California before a sole arbitrator selected from Judicial Arbitration and Mediation Services, Inc. or its successor (“JAMS”), or if JAMS is no longer able to supply the arbitrator, such arbitrator shall be selected from the American Arbitration Association. Final resolution of any dispute through arbitration may include any remedy or relief which the Arbitrator deems just and equitable, including any and all remedies provided by applicable state or federal statutes. At the conclusion of the arbitration, the Arbitrator shall issue a written decision that sets forth the essential findings and conclusions upon which the Arbitrator’s award or decision is based. Any award or relief granted by the Arbitrator hereunder shall be final and binding on the parties hereto and may be enforced by any court of competent jurisdiction. The parties agree that the Company shall be responsible for payment of all costs unique to arbitration, including the Arbitrator’s fee.