Common use of Duties and Powers of the Arbitrator Clause in Contracts

Duties and Powers of the Arbitrator. 7.1 The Arbitrator shall receive complaints and other permitted pleadings, oversee discovery, administer oaths and subpoena witnesses pursuant to the United States Arbitration Act, hold hearings, issue decisions, and maintain a record of proceedings. The Arbitrator shall have the power to award any remedy or relief that a court with jurisdiction over this Agreement could order or grant, including, without limitation, the awarding of damages, pre-judgment interest, specific performance of any obligation created under the Agreement, issuance of an injunction, or imposition of sanctions for abuse or frustration of the arbitration process, except that the Arbitrator may not award punitive damages or any remedy rendered unavailable to the Parties pursuant to Section 10.3 of the General Terms and Conditions of this Agreement. 7.2 The Arbitrator shall not have the authority to limit, expand, or otherwise modify the terms of this Agreement.

Appears in 12 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection, Resale and Unbundling Agreement

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Duties and Powers of the Arbitrator. 7.1 The Arbitrator shall receive complaints complaints, and other permitted pleadings, oversee discoveryany discovery which is permitted, administer oaths and subpoena witnesses pursuant to the United States Arbitration Act, 9 U.S.C. Section 1 et seq., hold hearings, issue decisions, and maintain a record of proceedings. The Arbitrator shall have the power to award any remedy or relief that a court with jurisdiction over this Agreement could order or grant, including, without limitation, the awarding of damages, pre-judgment interest, specific performance of any obligation created under the Agreement, issuance of an injunction, or imposition of sanctions for abuse or frustration of the arbitration process, except that the Arbitrator may not award injunctive relief, punitive damages or any remedy rendered unavailable to the Parties pursuant to Section 10.3 of the General Terms and Conditions Sections 9.3 of this Agreement. 7.2 The Arbitrator shall not have the authority to limit, expand, or otherwise modify the terms of this Agreement.

Appears in 2 contracts

Samples: Telecommunications, General Terms and Conditions (Callwave Inc)

Duties and Powers of the Arbitrator. 7.1 (a) The Arbitrator shall receive complaints and other permitted pleadings, oversee discovery, administer oaths and subpoena witnesses pursuant to the United States Arbitration Act, hold hearings, issue decisions, and maintain a record of proceedings. The Arbitrator shall have the power to award any remedy or relief that a court with jurisdiction over this Agreement could order or grant, including, without limitation, the awarding of damages, pre-judgment interest, specific performance of any obligation created under the Agreement, issuance of an injunction, or imposition of sanctions for abuse or frustration of the arbitration process, process except that the Arbitrator may not award punitive damages or any remedy rendered unavailable to the Parties pursuant to as limited by Section 10.3 of the General Terms and Conditions 25 of this Agreement. 7.2 (b) The Arbitrator shall not have the authority to limit, expand, or otherwise modify the terms of this Agreement.

Appears in 2 contracts

Samples: Interconnection Agreement (Wave2Wave Communications, Inc.), Interconnection Agreement (Wave2Wave Communications, Inc.)

Duties and Powers of the Arbitrator. 7.1 (A) The Arbitrator shall receive complaints and other permitted pleadings, oversee discovery, administer oaths and subpoena witnesses pursuant to the United Untied States Arbitration Act, hold hearings, issue decisions, and maintain a record of proceedings. The Arbitrator shall have the power to award any remedy or relief that a court with jurisdiction over this Agreement could order or grant, including, without limitation, the awarding of damages, pre-judgment interest, specific performance of any obligation created under the Interconnection Agreement, issuance of an injunction, or imposition of sanctions for abuse or frustration of the arbitration process, except that as otherwise limited by the Arbitrator may not award punitive damages or any remedy rendered unavailable to the Parties pursuant to Section 10.3 of the General Terms and Conditions of this Agreement. 7.2 (B) The Arbitrator shall not have the authority to limit, expand, or otherwise modify the terms of this the Interconnection Agreement.

Appears in 1 contract

Samples: Interconnection Agreement (Paetec Corp)

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Duties and Powers of the Arbitrator. 7.1 The Arbitrator shall receive complaints complaints, and other permitted pleadings, oversee discoveryany discovery which is permitted, administer oaths and subpoena witnesses pursuant to the United States Arbitration Act, 9 U.S.C. Section 1 et seq., hold hearings, issue decisions, and maintain a record of proceedings. The Arbitrator shall have the power to award any remedy or relief that a court with jurisdiction over this Agreement could order or grant, including, without limitation, the awarding of damages, pre-pre- judgment interest, specific performance of any obligation created under the Agreement, issuance of an injunction, or imposition of sanctions for abuse or frustration of the arbitration process, except that the Arbitrator may not award injunctive relief, punitive damages or any remedy rendered unavailable to the Parties pursuant to Section 10.3 of the General Terms and Conditions Sections 9.3 of this Agreement. 7.2 The Arbitrator shall not have the authority to limit, expand, or otherwise modify the terms of this Agreement.

Appears in 1 contract

Samples: Service Agreement

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