General Submittals to Arbitration. The submittal of all matters to arbitration in accordance with the provisions of this Article 34 is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Lease, including, but not limited to any matter relating to Landlord’s failure to approve an assignment, sublease or other transfer of Tenant’s interest in the Lease under Article 15 of this Lease, any other defaults by Landlord, or any Tenant default, except for (i) all claims by either party which (A) seek anything other than enforcement of rights under this Lease, or (B) are primarily founded upon matters of fraud, willful misconduct, bad faith or any other allegations of tortious action, and seek the award of punitive or exemplary damages, (ii) all claims by either party arising from the determination of Market Rent, and (iii) claims relating to Landlord’s exercise of any unlawful detainer rights pursuant to California law or rights or remedies used by Landlord to gain possession of the Premises or terminate Tenant’s right of possession to the Premises, which disputes shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable laws. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in strict, full, complete and timely accordance with the provisions of this Article 34 and all attempts to circumvent the terms and conditions of this Article 34 shall be absolutely null and void and of no force or effect whatsoever. As to any matter submitted to arbitration with respect to the payment of money, to determine whether a matter would, with the passage of time, constitute a default, such passage of time shall not commence to run in the event that the party which is obligated to make the payment does in fact make the payment to the other party. Such payment can be made “under protest,” which shall occur when such payment is accompanied by a good faith Notice stating the reasons that the party has elected to make a payment under protest. Such protest will be deemed waived unless the subject matter identified in the protest is submitted to arbitration as set forth in this Article 34.
General Submittals to Arbitration. The submittal of all matters to arbitration in accordance with the terms of this Article 9 is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Agreement, except for all claims by either party which (A) seek anything other than enforcement of rights under this Agreement, or (B) are primarily founded upon matters of fraud, willful misconduct, bad faith or any other allegations of tortious action, and seek the award of punitive or exemplary damages. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in strict, full, complete and timely accordance with the terms of this Article 9 and all attempts to circumvent the terms of this Article 9 shall be absolutely null and void and of no force or effect whatsoever. As to any matter submitted to arbitration (except with respect to the payment of money) to determine whether a matter would, with the passage of time, constitute a breach of this Agreement, such passage of time shall not commence to run until any such affirmative arbitrated determination, as long as it is simultaneously determined in such arbitration that the challenge of such matter as a potential breach was made in good faith. As to any matter submitted to arbitration with respect to the payment of money, to determine whether a matter would, with the passage of time, constitute a breach of this Agreement, such passage of time shall not commence to run in the event that the party which is obligated to make the payment does in fact make the payment to the other party. Such payment can be made “under protest,” which shall occur when such payment is accompanied by a good faith notice stating the reasons that the party has elected to make a payment under protest. Such protest will be deemed waived unless the subject matter identified in the protest is submitted to arbitration as set forth in this Article 9.
General Submittals to Arbitration. The submittal of all matters to arbitration in accordance with the provisions of this Section 29.34 is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Lease, including, but not limited to any matter relating to Landlord’s failure to approve an assignment, sublease or other transfer of Tenant’s interest in the Lease under Article 14 of this Lease, any other defaults by Landlord, or any Tenant default, except for (i) all claims by either party which (A) seek anything other than enforcement of rights under this Lease, or (B) are primarily founded upon matters of fraud, willful misconduct, bad faith or any other allegations of tortious action, and seek the award of punitive or exemplary damages, (ii) all claims by either party arising from the determination of Fair Market Rental Rate, and (iii) claims relating to Landlord’s exercise of any unlawful detainer rights pursuant to California law or rights or remedies used by Landlord to gain possession of the Premises or terminate Tenant’s right of possession to the Premises, which disputes shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to Applicable Laws.
General Submittals to Arbitration. The submittal of matters to binding arbitration in accordance with the terms of this Article 43 as expressly set forth in any Section of this Lease (the “Arbitration of Disputes Provision”) is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under those particular Sections of this Lease. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in strict, full, complete and timely accordance with this Arbitration of Disputes Provision and all attempts to circumvent the terms of the Arbitration of Disputes Provision shall be absolutely null and void and of no force or effect whatsoever.
General Submittals to Arbitration. 19 5.2 JAMS..................................................................................... 19 5.3 Pre-Decision Actions..................................................................... 20 5.4 Arbitrator's Decision.................................................................... 20 6. USE............................................................................................ 20 6.1
General Submittals to Arbitration. The submittal of all matters to binding arbitration in accordance with the terms of this Paragraph 34 (the “Arbitration of Disputes” provision) is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under Paragraph 2.2(d) and Paragraph 18.5 of this Lease, Paragraph 2.2.3 and Paragraph 4.2.4 of the Tenant Improvement Agreement, or any other provision of this Lease (including any exhibit) that expressly references this Paragraph 34. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in strict, full, complete and timely accordance with this Arbitration of Disputes provision and all attempts to circumvent the terms of the Arbitration of Disputes provision shall be absolutely null and void and of no force or effect whatsoever.
General Submittals to Arbitration. Subject to Section 16.3 below, the provisions of this Section 16 contain the sole and exclusive method, means and procedure to resolve any and all disputes or disagreements, including whether any particular matter constitutes, or with the passage of time would constitute, an Event of Default. With respect to the payment of money, such payment can be made "under protest," which shall occur when such payment is accompanied by a good-faith notice stating why the party has elected to make a payment under protest. Such protest will be deemed waived unless the subject matter identified in the protest is submitted to arbitration as set forth in the following:
General Submittals to Arbitration. Notwithstanding ------------------------------------ anything to the contrary contained in this Declaration, the submittal of all matters to arbitration in accordance with the terms of this Section 13.2 is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Declaration, except for claims which (A) seek anything other than enforcement of rights under this Declaration, or (B) which are primarily founded upon matters of fraud, willful misconduct, bad faith or any other allegations of tortious action, and seek the award of punitive or exemplary damages, which disputes shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. EXHIBIT P - Page - 30- TISHMAN WARNER CENTER VENTURE, LLC [20th Century Industries; 6303 Owensmouth]
General Submittals to Arbitration. Notwithstanding ------------------------------------ anything to the contrary contained in this Declaration, the submittal of all matters to arbitration in accordance with the terms of this Section 13.2 is the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Declaration, except for claims which (A) seek anything other than enforcement of rights under this Declaration, or (B) which are primarily founded upon matters of fraud, willful misconduct, bad faith or any other allegations of tortious action, and seek the award of punitive or exemplary damages, which disputes shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law. EXHIBIT P - Page -30- CCR&Rs [20th Century Plaza]
General Submittals to Arbitration. The submittal of all matters to arbitration in accordance with the terms of this Section 31.20 shall be the sole and exclusive method, means and procedure to resolve any and all claims, disputes or disagreements arising under this Lease, except for (i) determination of Fair Market Rental for the Option Period(s), which shall be determined in accordance with Section 2.3 above, and (ii) claims relating to Landlord's exercise of any unlawful detainer rights pursuant to California law or rights or remedies used by Landlord to gain possession of the Premises or terminate Tenant's right of possession to the Premises. The parties hereby irrevocably waive any and all rights to the contrary and shall at all times conduct themselves in strict, full, complete and timely accordance with the terms of this Section 31.20 and all attempts to circumvent the terms of this Section 31.20 shall be absolutely null and void and of no force or effect whatsoever.
