Mandatory and Binding Arbitration. Any dispute arising between the Parties regarding Section 22(b), which cannot be settled amicably by the Parties within ten (10) days, concerning only the provisions of Section 22(b) of this Lease or the rights and duties of the Parties in regard thereto, shall be resolved by arbitration as provided in this paragraph. All such disputes shall be settled exclusively and finally through arbitration conducted by the American Arbitration Association (the “AAA”) before a single arbitrator in Fresno County, California, in accordance with the Commercial Arbitration Rules of the AAA (the “Rules”), as such Rules are in effect on the date of delivery of a Demand for Arbitration, provided, however, that notwithstanding anything contained in the Rules, the arbitrator shall not have the power to authorize more than ten (10) document requests. Further, no interrogatories shall be allowed during the course of the arbitration proceeding, and each Party shall be allowed only one deposition absent a showing of good cause. “Good cause” in this context shall mean that despite the fact that the Parties are agreeing to arbitration as an alternative to judicial proceedings because arbitration is intended to be a quicker, less expensive, more efficient dispute resolution mechanism, the Party cannot establish its prima facie case without taking more than one deposition. In no case does the arbitrator have the power to authorize more than three (3) depositions per Party. The arbitration proceedings provided hereunder are hereby declared to be self-executing, and it shall not be necessary to petition a court to compel arbitration. The expedited arbitration will be concluded within one hundred twenty (120) days of the date of the Demand for Arbitration. The arbitrator shall determine all questions of fact and law relating to any controversy, claim or dispute hereunder, including but not limited to whether or not such controversy, claim or dispute is subject to the arbitration provisions contained herein. The arbitrator may apportion the costs and expenses of the arbitration proceeding, including attorneys’ fees and arbitrators’ fees, between the Parties in any manner deemed reasonable by the arbitrator. The arbitrator is required, under this Lease between the Parties, to strictly construe this Lease and may not grant an award or any relief to a Party that is inconsistent with the express terms of this Lease. Any award or determination rendered by the arbitrator may be entered and enfo...
Mandatory and Binding Arbitration. The arbitration and the Parties’ agreement therefore will be deemed to be self-executing, and if either Party fails to appear at any properly-noticed arbitration proceeding, an award may be entered against such Party despite said failure to appear and the matter will be dismissed with prejudice. Failure by either Party to pay the fees (or provide a required deposit) of the arbitrators and/or the arbitration administrator in accordance with the rules and policies of the applicable arbitration administrator will result in a forfeiture by the non-paying Party of the right to prosecute or defend the claim which is the subject of the arbitration, but will not otherwise serve to xxxxx, stay, or suspend the arbitration proceedings. The Parties will share equally the arbitrators’ fees and expenses, International Chamber of Commerce (ICC) administrative expenses, or other costs incurred by the ICC in the arbitration; provided, however, that each party shall bear its own attorneys’ and experts’ fees and its own costs incurred in connection with any Dispute hereunder including the arbitration of any Dispute. Further, each Party shall compensate and pay all expenses for its employees and, with respect to Team, all other Team Members for their participation in the arbitration.
Mandatory and Binding Arbitration. Any dispute that in any way relates to this Agreement, including, without limitation, any request for injunctive or declaratory relief sought by any of the parties to this Agreement (whether pursuant to Articles 5 or 6, or otherwise), shall be submitted to mandatory and binding arbitration before the American Arbitration Association (“AAA”), in accordance with the then current Employment Arbitration Rules and Mediation Procedures established by the AAA (or any successor organization), at the AAA’s regional office for the State of Delaware, the state in which the Employer is organized, unless otherwise required by law. The arbitrator shall be selected by permitting the Employer and Employee to strike one name each from a panel of three names obtained from the AAA from its panel of Employment Dispute Arbitrators. The person whose name is remaining shall be the arbitrator. The arbitrator shall determine the extent of discovery, if any, that is needed to resolve the dispute after hearing the positions of each party regarding the need for discovery. The arbitrator shall be bound to apply the laws of the State of Delaware, unless pre-empted by federal law, to resolve any dispute without regard for any conflict of law principles, as Employee acknowledges that the Employer is organized under the laws of the State of Delaware and operates on a national and international scope. The arbitrator shall be required to afford the parties the opportunity to file dispositive motions, including, without limitation, summary judgment motions and consider those motions in accordance with the laws of the State of Delaware (or in accordance with federal law, if Delaware law is pre-empted by federal law). The arbitrator also shall be required to issue a reasoned opinion.
Mandatory and Binding Arbitration. All claims, disputes, and controversies arising out of or in any manner relating to this Agreement or any other agreement executed in connection with this Agreement, or to the performance, interpretation, application or enforcement hereof, including, but not limited to breach hereof and/or termination hereof, which has not been resolved pursuant to any negotiation and mediation provisions in the Agreement or otherwise, shall be submitted to individual binding arbitration in accordance with the terms and conditions set forth in the Arbitration Agreement attached hereto as Exhibit 1, excepting only such claims, disputes, and controversies as specifically excluded therein.
Mandatory and Binding Arbitration. In the event that any controversy, claim or dispute between the District and the Contractor arising out of or related to this contract, or the breach hereof, cannot be settled or resolved amicably by the parties during the thirty (30) day period of good faith negotiations provided for above, the either party or any party hereto may submit said controversy, claim or dispute for binding arbitration before a single neutral arbitrator in accordance with the provisions contained herein and in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("Rules"); provided, however, that notwithstanding any provisions of such Rules, the parties to the arbitration shall have the right to take depositions and obtain discovery regarding the subject matter of the arbitration, as provided in Title III of Part 4 (commencing with Section 1985) of the California Code of Civil Procedure, as and to the extent that the arbitrator deems fair and reasonable. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator shall determine all questions of fact and law relating to any controversy, claim or dispute hereunder, including but not limited to whether or not any such controversy, claim or dispute is subject to the arbitration provisions contained herein.
Mandatory and Binding Arbitration. In addition to and/or instead of utilizing the negotiation and mediation procedures described in this Article, either DISTRIBUTOR or COMPANY may request binding arbitration to resolve any dispute between them. Both DISTRIBUTOR and COMPANY agree that all claims, disputes, and controversies arising out of or in any manner relating to: (i) this Agreement or any other agreement executed in connection with this Agreement, (ii) the performance, interpretation, application or enforcement hereof, including, but not limited to breach hereof and/or termination hereof, (iii) the services provided to COMPANY by DISTRIBUTOR or by DISTRIBUTOR to COMPANY, or (iv) any other dealings between DISTRIBUTOR and COMPANY, which has not been resolved pursuant to the negotiation and mediation provisions herein, shall be submitted to binding arbitration in accordance with the terms and conditions set forth in the Arbitration Agreement attached hereto as Exhibit I, excepting only such claims, disputes, and controversies as specifically excluded therein.
Mandatory and Binding Arbitration. 11.1 If any dispute arises between CBS and LM concerning the interpretation of any of the terms, conditions, or provisions of this Agreement, or any of the rights or duties of either party, the dispute shall be referred to two Arbitrators, one of which shall be chosen by CBS and the other by LM. Such two Arbitrators so chosen shall, if they cannot themselves reach agreement, select an Umpire to hear the arguments of both Arbitrators and review the evidence. The decision of said Arbitrators, or Arbitrators and Umpire, shall be final and binding on both CBS and LM. The Arbitrators and the Umpire shall all regard this Agreement as an honorable undertaking and shall make their findings and award with a view to effecting the general purpose of the Agreement in a reasonable and equitable manner, rather than in accordance with a literal or technical interpretation of any language used in this Agreement, viewing and considering parole evidence as they see fit. Both CBS and LM hereby agree to hold harmless the Arbitrators and the Umpire who accept engagements to handle any disputes arising under this Agreement.
11.2 If LM initiates the arbitration, then the arbitration shall be held in Denmark and the costs of the arbitration shall be borne by LM. If CBS initiates the arbitration, then the arbitration shall be held in Houston, Texas and the costs of the arbitration shall be borne by CBS.
Mandatory and Binding Arbitration. 1. THIS PPA IS SUBJECT TO ARBITRATION. UTAH WILL BE THE EXCLUSIVE VENUE FOR ARBITRATION OR ANY OTHER RESOLUTION OF ANY DISPUTES ARISING UNDER OR RELATED TO THIS PPA. The place of origin of this Contract is the State of Utah, USA, and it will be governed by, construed in accordance with, and interpreted pursuant to the laws of Utah, without giving effect to its rules regarding choice of laws. The exclusive venue for any and all Disputes and jurisdiction will be in Salt Lake County, Utah, USA. I consent to the personal jurisdiction of any court within the State of Utah and waive any objection to improper venue.
2. I agree that any Dispute will be resolved and settled in accordance with and pursuant to the terms and conditions of this PPA, and by the rules and procedures set forth in Chapter 7 (Arbitration) of the Policies and Procedures or may be viewed online in the Office section of a company web site. The arbitration proceedings will be conducted in Salt Lake City, Utah, USA. The arbitration will be conducted in the English language, but at the request and expense of a party, documents and testimony will be translated into another language. One arbitrator will be appointed to hear and decide disputes, which arbitrator will be selected by consent of all parties. The parties will each bear their own costs and expenses and an equal share of the (i) cost of the arbitrator and (ii) administrative fees of arbitration. Neither the parties nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction.
Mandatory and Binding Arbitration. Consultant and DBG agree that the arbitration provisions set forth in Section 8(i) of the Employment Agreement are hereby incorporated in this Agreement and, except as provided in Section 13 of this Agreement, shall apply to any dispute arising between the parties to this Agreement, including, but not limited to, any act which allegedly has or would violate any provisions of this Agreement, and including, but not limited to, disputes pertaining to the formation, validity, interpretation, effect, or alleged breach of this Agreement.
Mandatory and Binding Arbitration. In the event a dispute cannot be resolved amicably, the parties mutually recognize and agree that it will be to their best interests that their differences be solved with a minimum of time and money being expended, commensurate with a due process hearing. To this end, the parties agree that they will not file any lawsuits, charges or claims against each other without first submitting their grievances to mandatory and binding arbitration. Any controversy arising out of, or relating to, this Agreement or any modification or extension thereof, including any claim for damages or rescission, or both, shall be settled by arbitration as provided by the Pennsylvania Uniform Arbitration Act and/or the United States Arbitration Act, in Philadelphia, Pennsylvania, in accordance with the rules, regulations and precepts then existing of the American Arbitration Association (AAA) in connection with commercial arbitration. (Nothing contained in Section 8 shall prevent either party from seeking from a Court of competent jurisdiction a Temporary Restraining Order and/or a Preliminary Injunction where such Order of Injunction is necessary to the protection of such parties' interest). Judgment upon the award rendered by the arbitrator(s) may be entered in any state or Federal court having jurisdiction thereof. The parties further agree that all costs, including the AAA administrative fee as well as the arbitrator's fees, if any, stenographic records and all other expenses of the arbitration, shall be borne equally by the parties. Further, as part of the award, the prevailing party shall be awarded reasonable attorney's fees against the losing party.
