Common use of LIMITED COURT ACTIONS Clause in Contracts

LIMITED COURT ACTIONS. (a) Notwithstanding anything herein to the contrary, in the event that any party reasonably determines the amount in controversy in any Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 million and if such party desires to commence a lawsuit in lieu of complying with the arbitration provisions of this Article IV, such party shall so state in its Demand or by notice given to the other parties within 20 days after receipt of a Demand with respect thereto. If the other party to the arbitration does not agree that the amount in controversy in such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 million, the arbitrator selected pursuant to Section 4.02 hereof shall decide whether the amount in controversy in such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 million. The arbitrator shall set a date that is no later than ten days after the date of his or her appointment for submissions by the parties with respect to such issue. There shall not be any discovery in connection with such issue. The arbitrator shall render his or her decision on such issue within five days of such date so set to the arbitrator. In the event that the arbitrator determines that the amount in controversy in such Dispute (or such series of related Disputes) is, or is reasonably likely to be, in excess of $100 million, the provisions of Sections 4.01, 4.02, 4.03, 4.04, and 4.05 of Article IV of this Agreement shall not apply, and on or before (but, except as expressly set forth in Section 4.06(b), not after) the tenth business day after the date of such decision, either party to the arbitration may elect, in lieu of arbitration, to commence a lawsuit with respect to such Dispute in any court of competent jurisdiction. If the arbitrator does not so determine, the provisions of this Article IV (including with respect to time periods) shall apply as if no determinations were sought or made pursuant to this Section 4.06(a). (b) In the event that an arbitration award in excess of $100 million is issued in any arbitration proceeding commenced hereunder, any party may, within 60 days after the date of such award, submit the Dispute giving rise thereto to a court of competent jurisdiction, regardless of whether such party or any other party sought to commence lawsuit in lieu of proceeding with arbitration in accordance with Section 4.06(a) of Article IV of this Agreement. In such event, the applicable court may elect to rely on the record developed in the arbitration or, if it determines that it would be advisable in connection with the matter, allow the parties to seek additional discovery or to present additional evidence. Each party shall be entitled to present arguments to the court with respect to whether any such additional discovery or evidence shall be permitted and with respect to all other matters relating to the Dispute. (c) No party shall raise as a defense the statute of limitations if the applicable Demand was delivered on or prior to the Applicable Deadline and, if applicable, if the matter is submitted to a court of competent jurisdiction within the 60-day period specified in Section 4.06(b) of Article IV of this Agreement.

LIMITED COURT ACTIONS. (a) Notwithstanding anything herein to the contrary, in the event that any party reasonably determines the amount in controversy in any Dispute dispute, controversy or claim (or any series of related Disputesdisputes, controversies or claims) under this Agreement or any Ancillary Agreement is, or is reasonably likely to be, in excess of $25 million and if such party desires to commence an Action in lieu of complying with the arbitration provisions of this Article, such party shall so state in its Arbitration Demand Notice or by notice given to the other parties within 20 days after receipt of an Arbitration Demand Notice with respect thereto. If the other parties to the arbitration do not agree that the amount in controversy in such dispute, controversy or claim (or such series of related disputes, controversies or claims) is, or is reasonably likely to be, in excess of $100 million and if such party desires 25 million, the arbitrator selected pursuant to commence a lawsuit in lieu of complying with the arbitration provisions of this Article IV, such party Section 11.4 hereof shall so state in its Demand or by notice given to the other parties within 20 days after receipt of a Demand with respect thereto. If the other party to the arbitration does not agree that decide whether the amount in controversy in such Dispute dispute, controversy or claim (or such series of related Disputesdisputes, controversies or claims) is, or is reasonably likely to be, in excess of $100 million, the arbitrator selected pursuant to Section 4.02 hereof shall decide whether the amount in controversy in such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 25 million. The arbitrator shall set a date that is no later than ten days after the date of his or her appointment for submissions by the parties with respect to such issue. There shall not be any discovery in connection with such issue. The arbitrator shall render his or her decision on such issue within five days of such date so set to by the arbitrator. In the event that the arbitrator determines that the amount in controversy in such Dispute dispute, controversy or claim (or such series of related Disputesdisputes, controversies or claims) is, is or is reasonably likely to be, be in excess of $100 25 million, the provisions of Sections 4.0111.4(d) and (e), 4.0211.5, 4.0311.6, 4.04, 11.7 and 4.05 of Article IV of this Agreement 11.10 hereof shall not apply, apply and on or before (but, except as expressly set forth in Section 4.06(b11.8(b), not after) the tenth business day after the date of such decision, either any party to the arbitration may elect, in lieu of arbitration, to commence a lawsuit an Action with respect to such Dispute dispute, controversy or claim (or such series of related disputes, controversies or claims) in any court of competent jurisdiction. If the arbitrator does not so determine, the provisions of this Article IV (including with respect to time periods) shall apply as if no determinations were sought or made pursuant to this Section 4.06(a11.8(a). (b) In the event that an arbitration award in excess of $100 25 million is issued in any arbitration proceeding commenced hereunder, any party may, within 60 days after the date of such award, submit the Dispute dispute, controversy or claim (or series of related disputes, controversies or claims) giving rise thereto to a court of competent jurisdiction, regardless of whether such party or any other party sought to commence lawsuit an Action in lieu of proceeding with arbitration in accordance with Section 4.06(a) of Article IV of this Agreement11.8(a). In such event, the applicable court may elect to rely on the record developed in the arbitration or, if it determines that it would be advisable in connection with the matter, allow the parties to seek additional discovery or to present additional evidence. Each party shall be entitled to present arguments to the court with respect to whether any such additional discovery or evidence shall be permitted and with respect to all other matters relating to the Disputeapplicable dispute, controversy or claim (or series of related disputes, controversies or claims). (c) No party shall raise as a defense the statute of limitations if the applicable Arbitration Demand Notice was delivered on or prior to the Applicable Deadline and, if applicable, if the matter is submitted to a court of competent jurisdiction within the 10-day period or 60-day period specified in Section 4.06(b11.8(a) of Article IV of this Agreementor Section 11.8(b), respectively.

LIMITED COURT ACTIONS. (a) Notwithstanding anything herein to the contrary, in the event that any party reasonably determines the amount in controversy in any Dispute (or any series of related Disputes) under this Agreement or any Ancillary Agreement is, or is reasonably likely to be, in excess of $25 million and if such party desires to commence an Action in lieu of complying with the arbitration provisions of this Article, such party shall so state in its Arbitration Demand Notice or by notice given to the other parties within 20 days after receipt of an Arbitration Demand Notice with respect thereto. If the other parties to the arbitration do not agree that the amount in controversy in such Dispute (or such series of related Disputes) is, or is reasonably likely to be, in excess of $100 million and if such party desires 25 million, the arbitrator selected pursuant to commence a lawsuit in lieu of complying with the arbitration provisions of this Article IV, such party Section 8.4 hereof shall so state in its Demand or by notice given to the other parties within 20 days after receipt of a Demand with respect thereto. If the other party to the arbitration does not agree that decide whether the amount in controversy in such Dispute (or such series of related Disputes) is, or is reasonably likely to be, in excess of $100 25 million, the arbitrator selected pursuant to Section 4.02 hereof . There shall decide whether the amount not be any discovery in controversy in connection with such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 millionissue. The arbitrator shall set a date that is no later than ten days after the date of his or her appointment for submissions by the parties with respect to such issue. There shall not be any discovery in connection with such issue. The arbitrator shall render his or her decision on such issue within five days of such date so set to by the arbitrator. In the event that the arbitrator determines that the amount in controversy in such Dispute (or such series of related Disputes) is, is or is reasonably likely to be, be in excess of $100 25 million, the provisions of Sections 4.018.4(d) and (e), 4.028.5, 4.038.6, 4.04, 8.7 and 4.05 of Article IV of this Agreement 8.10 hereof shall not apply, apply and on or before (but, except as expressly set forth in Section 4.06(b8.8(b), not after) the tenth business day after the date of such decision, either any party to the arbitration may elect, in lieu of arbitration, to commence a lawsuit an Action with respect to such Dispute (or such series of related Disputes) in any court of competent jurisdiction. If the arbitrator does not so determine, the provisions of this Article IV (including with respect to time periods) shall apply as if no determinations were sought or made pursuant to this Section 4.06(a8.8(a). (b) In the event that an arbitration award in excess of $100 25 million is issued in any arbitration proceeding commenced hereunder, any either party may, within 60 days after the date of such award, submit the Dispute (or series of related Disputes) giving rise thereto to a court of competent jurisdiction, regardless of whether such party or any other party sought to commence lawsuit an Action in lieu of proceeding with arbitration in accordance with Section 4.06(a) of Article IV of this Agreement8.8(a). In such event, the applicable court may elect to rely on the record developed in the arbitration or, if it determines that it would be advisable in connection with the matter, allow the parties to seek additional discovery or to present additional evidence. Each party shall be entitled to present arguments to the court with respect to whether any such additional discovery or evidence shall be permitted and with respect to all other matters relating to the applicable Dispute. (c) No party shall raise as a defense the statute of limitations if the applicable Arbitration Demand Notice was delivered on or prior to the Applicable Deadline and, if applicable, if the matter is submitted to a court of competent jurisdiction within the 10-day period or 60-day period specified in Section 4.06(b8.8(a) of Article IV of this Agreementor Section 8.8(b), respectively.

LIMITED COURT ACTIONS. (a) Notwithstanding anything herein to the contrary, in the event that any party reasonably determines the amount in controversy in any Dispute dispute, controversy or claim (or any series of related Disputesdisputes, controversies or claims) under this Agreement or any Ancillary Agreement is, or is reasonably likely to be, in excess of $100 million and if such party desires to commence a lawsuit an Action in lieu of complying with the arbitration provisions of this Article IVArticle, such party shall so state in its Arbitration Demand Notice or by notice given to the other parties within 20 days after receipt of a an Arbitration Demand Notice with respect thereto. If the other party parties to the arbitration does do not agree that the amount in controversy in such Dispute dispute, controversy or claim (or such series of related Disputesdisputes, controversies or claims) is, or is reasonably likely to be, in excess of $100 million, the arbitrator selected pursuant to Section 4.02 9.4 hereof shall decide whether the amount in controversy in such Dispute dispute, controversy or claim (or such series of related Disputesdisputes, controversies or claims) is, or is reasonably likely to be, in excess of $100 million. The arbitrator shall set a date that is no later than ten days after the date of his or her appointment for submissions by the parties with respect to such issue. There shall not be any discovery in connection with such issue. The arbitrator shall render his or her decision on such issue within five days of such date so set to by the arbitrator. In the event that the arbitrator determines that the amount in controversy in such Dispute dispute, controversy or claim (or such series of related Disputesdisputes, controversies or claims) is, is or is reasonably likely to be, be in excess of $100 million, the provisions of Sections 4.019.4(d) and (e), 4.029.5, 4.039.6, 4.04, 9.7 and 4.05 of Article IV of this Agreement 9.10 hereof shall not apply, apply and on or before (but, except as expressly set forth in Section 4.06(b9.8(b), not after) the tenth business day after the date of such decision, either any party to the arbitration may elect, in lieu of arbitration, to commence a lawsuit an Action with respect to such Dispute dispute, controversy or claim (or such series of related disputes, controversies or claims) in any court of competent jurisdiction. If the arbitrator does not so determine, the provisions of this Article IV (including with respect to time periods) shall apply as if no determinations were sought or made pursuant to this Section 4.06(a9.8(a). (b) In the event that an arbitration award in excess of $100 million is issued in any arbitration proceeding commenced hereunder, any party may, within 60 days after the date of such award, submit the Dispute dispute, controversy or claim (or series of related disputes, controversies or claims) giving rise thereto to a court of competent jurisdiction, regardless of whether such party or any other party sought to commence lawsuit an Action in lieu of proceeding with arbitration in accordance with Section 4.06(a) of Article IV of this Agreement9.8(a). In such event, the applicable court may elect to rely on the record developed in the arbitration or, if it determines that it would be advisable in connection with the matter, allow the parties to seek additional discovery or to present additional evidence. Each party shall be entitled to present arguments to the court with respect to whether any such additional discovery or evidence shall be permitted and with respect to all other matters relating to the Disputeapplicable dispute, controversy or claim (or series of related disputes, controversies or claims). (c) No party shall raise as a defense the statute of limitations if the applicable Arbitration Demand Notice was delivered on or prior to the Applicable Deadline and, if applicable, if the matter is submitted to a court of competent jurisdiction within the 60-day period specified in Section 4.06(b) of Article IV of this Agreement9.8(b).

LIMITED COURT ACTIONS. (a) Notwithstanding anything herein to the contrary, in the event that any party reasonably determines the amount of controversy in any dispute, controversy or claim (or any series of related disputes, controversies or claims) under this Agreement is, or is reasonably likely to be, in excess of one hundred million dollars ($100,000,000) and if such party desires to commence an Action in lieu of complying with the arbitration provisions of this Article, such party shall so state in its Arbitration Demand Notice or by notice given to the other parties within twenty (20) days after receipt of an Arbitration Demand Notice with respect thereto. If the other parties to the arbitration do not agree that the amount in controversy in any Dispute such dispute, controversy or claim (or such series of related Disputesdisputes, controversies or claims) is, or is reasonably likely to be, in excess of one hundred million dollars ($100 million and if such party desires 100,000,000), the arbitrator selected pursuant to commence a lawsuit in lieu of complying with the arbitration provisions of this Article IVSection 5A.4, such party ARBITRATORS, hereof shall so state in its Demand or by notice given to the other parties within 20 days after receipt of a Demand with respect thereto. If the other party to the arbitration does not agree that decide whether the amount in controversy in such Dispute (controversies or series of related Disputesclaims) is, or is reasonably likely to be, in excess of one hundred million dollars ($100 million, the arbitrator selected pursuant to Section 4.02 hereof shall decide whether the amount in controversy in such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 million100,000,000). The arbitrator shall set a date that is no later than ten (10) days after the date of his or her appointment for submissions by the parties with respect to such issue. There shall not be any discovery in connection with such issue. The arbitrator shall render his or her decision on such issue within five (5) days of such date so set to by the arbitrator. In the event that the arbitrator determines that the amount in controversy in such Dispute dispute, controversy or claim (or such series of related Disputesdisputes, controversies or claims) is, or is reasonably likely to be, in excess of one hundred million dollars ($100 million100,000,000), the provisions of Sections 4.01, 4.02, 4.03, 4.045A.4(d), and 4.05 of Article IV of this Agreement (e), ARBITRATORS, 5A.5, HEARINGS, 5A.6, DISCOVERY AND CERTAIN OTHER XXXXXXX, 0X.0, XXXXXXX ADDITIONAL MATTERS, and 5A.10, LAW GOVERNING ARBITRATION PROCEDURES, hereof shall not apply, apply and on or before (but, except as expressly set forth in Section 4.06(b5A.8(b), not after) the tenth (10th) business day after the date of such decision, either any party to the arbitration may elect, in lieu of arbitration, to commence a lawsuit an Action with respect to such Dispute dispute, controversy or claim (or such series of related disputes, controversies or claims) in any court of competent jurisdiction. If the arbitrator does not so determine, the provisions of this Article IV (including with respect to time periods) shall apply as if no determinations were sought or made pursuant to this Section 4.06(a)5A.8. (b) In the event that an arbitration award in excess of one hundred million dollars ($100 million 100,000,000.) is issued in any arbitration proceeding commenced hereunder, any party may, within 60 sixty (60) days after the date of such award, submit the Dispute dispute, controversy or claim (or series of related disputes, controversies or claims) giving rise thereto to a court of competent jurisdiction, regardless of whether such party or any other party sought to commence lawsuit an action in lieu of proceeding with arbitration in accordance with Section 4.06(a) of Article IV of this Agreement5A.8(a). In such event, the applicable court may elect to rely on the record developed in the arbitration ormay, if it determines that it would be advisable in connection with the matter, allow the parties to seek additional discovery or to present additional evidence. Each party shall be entitled to present arguments to the court with respect to whether any such additional discovery or evidence shall be permitted and with respect to all other matters relating to the Disputeapplicable dispute, controversy or claim (or series of related disputes, controversies or claims). (c) No party shall raise as a defense the statute of limitations if the applicable Arbitration Demand Notice was delivered on or prior to the Applicable Deadline and, if applicable, if the matter is submitted to a court of competent jurisdiction within the sixty (60-) day period specified in Section 4.06(b) of Article IV of this Agreement5A.8(b).

LIMITED COURT ACTIONS. (a) Notwithstanding anything herein to the contrary, in the event that any party reasonably determines the amount in controversy in any Dispute (or any series of related Disputes) under this Agreement or any Ancillary Agreement is, or is reasonably likely to be, in excess of $25 million and if such party desires to commence an Action in lieu of complying with the arbitration provisions of this Article, such party shall so state in its Arbitration Demand Notice or by notice given to the other parties within 20 days after receipt of an Arbitration Demand Notice with respect thereto. If the other parties to the arbitration do not agree that the amount in controversy in such Dispute (or such series of related Disputes) is, or is reasonably likely to be, in excess of $100 million and if such party desires 25 million, the arbitrator selected pursuant to commence a lawsuit in lieu of complying with the arbitration provisions of this Article IV, such party Section 8.4 hereof shall so state in its Demand or by notice given to the other parties within 20 days after receipt of a Demand with respect thereto. If the other party to the arbitration does not agree that decide whether the amount in controversy in such Dispute (or such series of related Disputes) is, or is reasonably likely to be, in excess of $100 25 million, the arbitrator selected pursuant to Section 4.02 hereof . There shall decide whether the amount not be any discovery in controversy in connection with such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 millionissue. The arbitrator shall set a date that is no later than ten days after the date of his or her appointment for submissions by the parties with respect to such issue. There shall not be any discovery in connection with such issue. The arbitrator shall render his or her decision on such issue within five days of such date so set to by the arbitrator. In the event that the arbitrator determines that the amount in controversy in such Dispute (or such series of related Disputes) is, is or is reasonably likely to be, be in excess of $100 25 million, the provisions of Sections 4.018.4(d) and (e), 4.028.5, 4.038.6, 4.04, 8.7 and 4.05 of Article IV of this Agreement 8.10 hereof shall not apply, apply and on or before (but, except as expressly set forth in Section 4.06(b8.8(b), not after) the tenth business day after the date of such decision, either any party to the arbitration may elect, in lieu of arbitration, to commence a lawsuit an Action with respect to such Dispute in any court (or such series of competent jurisdiction. If the arbitrator does not so determine, the provisions of this Article IV (including with respect to time periods) shall apply as if no determinations were sought or made pursuant to this Section 4.06(arelated Disputes). (b) In the event that an arbitration award in excess of $100 million is issued in any arbitration proceeding commenced hereunder, any party may, within 60 days after the date of such award, submit the Dispute giving rise thereto to a court of competent jurisdiction, regardless of whether such party or any other party sought to commence lawsuit in lieu of proceeding with arbitration in accordance with Section 4.06(a) of Article IV of this Agreement. In such event, the applicable court may elect to rely on the record developed in the arbitration or, if it determines that it would be advisable in connection with the matter, allow the parties to seek additional discovery or to present additional evidence. Each party shall be entitled to present arguments to the court with respect to whether any such additional discovery or evidence shall be permitted and with respect to all other matters relating to the Dispute. (c) No party shall raise as a defense the statute of limitations if the applicable Demand was delivered on or prior to the Applicable Deadline and, if applicable, if the matter is submitted to a court of competent jurisdiction within the 60-day period specified in Section 4.06(b) of Article IV of this Agreement.