Formal Resolution. (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(1) or an audit committee pursuant to Section 11.d.i.(2) shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS or Meridian IRS (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice. (2) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof. (3) Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding. (4) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 2 contracts
Samples: Intercompany Service Agreement (United Wisconsin Services Inc /Wi), Intercompany Service Agreement (Newco Uws Inc)
Formal Resolution. (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(110.d(1) or an audit committee pursuant to Section 11.d.i.(210.d.i(2) shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS or Meridian IRS Proservices (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3) Each involved party shall a. pay the fees and expenses expense of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 2 contracts
Samples: Intercompany Service Agreement (United Wisconsin Services Inc /Wi), Intercompany Service Agreement (Newco Uws Inc)
Formal Resolution. (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(110.d.i(1) or an audit committee pursuant to Section 11.d.i.(210.d.i(2) shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS or Meridian IRS Consulting (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3) Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 2 contracts
Samples: Intercompany Service Agreement (Newco Uws Inc), Intercompany Service Agreement (United Wisconsin Services Inc /Wi)
Formal Resolution. (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(110.d.i(1) or an audit committee pursuant to Section 11.d.i.(210.d.i(2) shall be settled by arbitration. In order to initiate an arbitration, MMC, BCBSUW, UWS or Meridian IRS Compcare RxCel (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3) Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 2 contracts
Samples: Intercompany Service Agreement (Newco Uws Inc), Intercompany Service Agreement (United Wisconsin Services Inc /Wi)
Formal Resolution. (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(110.d.i(1) or an audit committee pursuant to Section 11.d.i.(210.d.i(2) shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS or Meridian IRS Audit (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3) Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 2 contracts
Samples: Intercompany Service Agreement (United Wisconsin Services Inc /Wi), Intercompany Service Agreement (Newco Uws Inc)
Formal Resolution. (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(111.d.i(1) or an audit committee pursuant to Section 11.d.i.(211.d.i(2) shall be settled by arbitration. In order to initiate an arbitration, MMC, BCBSUW, UWS or Meridian IRS Compcare Pharmacy (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3) Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 2 contracts
Samples: Intercompany Service Agreement (United Wisconsin Services Inc /Wi), Intercompany Service Agreement (Newco Uws Inc)
Formal Resolution. (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(111.d.i(1) or an audit committee pursuant to Section 11.d.i.(211.d.i(2) shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS UWS, MMC or Meridian IRS Compcare (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3) Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 2 contracts
Samples: Intercompany Service Agreement (Newco Uws Inc), Intercompany Service Agreement (United Wisconsin Services Inc /Wi)
Formal Resolution. (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(111.d.i(1) or an audit committee pursuant to Section 11.d.i.(211.d.i(2) shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS or Meridian IRS MMC (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3) Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 2 contracts
Samples: Intercompany Service Agreement (United Wisconsin Services Inc /Wi), Intercompany Service Agreement (Newco Uws Inc)
Formal Resolution. (1a) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(1X.D.1(a) or an audit committee pursuant to Section 11.d.i.(2X.D.1(b) shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS UWS, or Meridian IRS UWIC (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2b) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3c) Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4d) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 1 contract
Formal Resolution. (1) Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(110.d.i(1) or an audit committee pursuant to Section 11.d.i.(210.d.i(2) shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS or Meridian IRS UHI (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2) The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3) Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4) Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 1 contract
Samples: Intercompany Service Agreement (United Wisconsin Services Inc /Wi)
Formal Resolution. (1) a. Any dispute, controversy or claim between or among the parties hereto that arises out of or relates to this Agreement or any Ancillary Agreement entered into pursuant hereto, and which otherwise has been unresolved by a coordinating committee pursuant to Section 11.d.i.(1) X.D.1.a or an audit committee pursuant to Section 11.d.i.(2) X.D.1.b shall be settled by arbitration. In order to initiate an arbitration, BCBSUW, UWS or Meridian IRS UWIC (as the case may be) shall deliver a written notice of demand for arbitration to the other affected party(ies). Within thirty (30) days of the giving of such written notice, each party involved shall appoint an individual as arbitrator (the "Party Arbitrators"). Within thirty (30) days of their appointment, the Party Arbitrators shall collectively select one (or two if necessary to constitute an odd total number of arbitrators) additional arbitrator (together the "Panel Arbitrators") and shall give the parties involved notice of such choice.
(2) b. The arbitration hearings shall be held in Milwaukee, Wisconsin. Each party shall submit its case to the Panel Arbitrators within sixty (60) days of the selection of the Panel Arbitrators or within such longer period as may be agreed by the Panel Arbitrators. The decision rendered by a majority of the Panel Arbitrators shall be final and binding on the parties involved. Such decision shall be a condition precedent to any right of legal action arising out of the arbitrated dispute. Judgment upon the award rendered may be entered in any court having jurisdiction thereof.
(3) c. Each involved party shall a. pay the fees and expenses of its own Party Arbitrator, and pay its own legal, accounting, and other professional fees and expenses, b. jointly share in the payment of the fees and expenses of the other one (or two) arbitrator(s) selected by the Party Arbitrators, and c. jointly share in the payment of the other expenses jointly incurred by the involved parties directly related to the arbitration proceeding.
(4) d. Except as provided above, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Appears in 1 contract