Common use of DECISIONS IN PRIOR CLAIMS Clause in Contracts

DECISIONS IN PRIOR CLAIMS. Vistana agrees that in any arbitration or litigation between the Parties, the arbitrator(s) or court shall not be precluded from making its own independent determination of the issues in question, notwithstanding the similarity of issues in any other arbitration or litigation involving Starwood and any other third party or any of their respective Affiliates, and each Party waives, to the fullest extent permitted by Applicable Law, all rights to claim that a prior disposition of the same or similar issues precludes such independent determination.

Appears in 6 contracts

Samples: Noncompetition Agreement, Separation Agreement (Starwood Hotel & Resorts Worldwide, Inc), Separation Agreement (Starwood Hotel & Resorts Worldwide, Inc)

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DECISIONS IN PRIOR CLAIMS. Vistana agrees that in any arbitration or litigation between the Partiesparties, the arbitrator(s) or court shall not be precluded from making its own independent determination of the issues in question, notwithstanding the similarity of issues in any other arbitration or litigation involving Starwood and any other third party or any of their respective Affiliates, and each Party party waives, to the fullest extent permitted by Applicable Law, all rights to claim that a prior disposition of the same or similar issues precludes such independent determination.

Appears in 4 contracts

Samples: License, Services and Development Agreement (Starwood Hotel & Resorts Worldwide, Inc), Separation Agreement (Starwood Hotel & Resorts Worldwide, Inc), License, Services and Development Agreement (Vistana Signature Experiences, Inc.)

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