Common use of Mandatory and Binding Arbitration Clause in Contracts

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 enforced in any court of competent jurisdiction. Upon the occurrence of a Cause for Termination, Lessor shall have the right to terminate this Lease by giving Lessee written notice thereof in the manner set forth in Section 28, setting forth the facts and circumstances constituting the Cause for Termination. Lessor’s right to terminate this Lease in accordance with the provisions hereof shall be in addition to all other rights and remedies available to Lessor under California law arising from the obligations set forth in this Lease.

Mandatory and Binding Arbitration. Any dispute arising (a) The Buyer, on the one hand, and the Sellers, on the other hand, shall seek in good faith to reach agreement as to any dispute, controversy, claim or difference of any kind (“Dispute”) between the Parties regarding Section 22(b)parties arising out of or related to this Agreement. If the parties hereto are unable to reach such agreement within thirty (30) Business Days of one party delivering written notice of a Dispute to the other, which cannot be settled amicably by then 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, Dispute shall be resolved finally settled by arbitration as provided in this paragraph. All such disputes shall be settled exclusively and finally through arbitration conducted by the American Arbitration Association an arbitral tribunal (the “AAATribunal”) before a single arbitrator in Fresno County, California, in accordance with under the Commercial JAMS Comprehensive Arbitration Rules and Procedures (“JAMS”) as in force at the time such arbitration is commenced, except as provided below. The Tribunal shall apply the law of the AAA (the “Rules”), as such Rules are in effect on the date State of delivery of a Demand for Arbitration, provided, however, that notwithstanding anything contained New York in the Rules, the arbitrator arbitration proceedings. (b) The Tribunal shall not have the power to authorize more than ten (10) document requests. Further, no interrogatories shall be allowed during the course consist 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 Partyarbitrators. The Buyer, on the one hand, and the Sellers, on the other hand, shall each nominate an arbitrator within fourteen (14) days of the request for arbitration. If the Buyer or the Sellers fail to nominate an arbitrator, JAMS shall appoint such arbitrator within seven (7) days of notice of a party’s failure to appoint an arbitrator within the required period. Following their selection, the two (2) party-nominated arbitrators shall together agree upon the nomination of the third (3rd) arbitrator within thirty (30) days after the nomination of the second arbitrator. If the two (2) party-nominated arbitrators are unable to agree on the nomination of the third arbitrator within the thirty (30) day period, JAMS shall appoint the third arbitrator within seven (7) days of notice of the parties’ inability to agree on a third (3rd) arbitrator within the required period. The third (3rd) arbitrator, however appointed, shall serve as Chairman of the Tribunal. (c) The site of the arbitration shall be New York, New York and the arbitration proceedings shall be conducted exclusively in English. The arbitration proceedings provided hereunder are hereby declared shall be confidential. All disputes concerning or relating 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 arbitrability of disputes under this Agreement or the jurisdiction of the date arbitrators shall be resolved in the first instance by the arbitrators. (d) The award shall be rendered in writing and shall set forth in reasonable detail the facts of the Demand dispute and the reasons for Arbitrationthe Tribunal’s decision. The arbitrator In the award, the Tribunal 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 arbitration. The award rendered in any manner deemed reasonable by arbitration commenced hereunder shall be final and conclusive and binding upon the arbitratorparties upon the date it is rendered. The arbitrator is required, under this Lease between the Parties, parties hereto undertake to strictly construe this Lease and may not grant an implement any 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 Tribunal and judgment upon the award maybe entered and enforced in any court of competent jurisdiction. (e) The arbitrators are authorized to consolidate multiple Disputes between the parties to the Transaction Documents where efficient and appropriate. (f) Either party may make an application to the arbitrators seeking injunctive relief until such time as the arbitration award is rendered or the Dispute is otherwise resolved. Upon Either party may apply to any court having jurisdiction hereof and seek injunctive relief until such time as the occurrence of a Cause for Termination, Lessor shall have the right to terminate this Lease by giving Lessee written notice thereof in the manner set forth in Section 28, setting forth the facts and circumstances constituting the Cause for Termination. Lessor’s right to terminate this Lease in accordance with the provisions hereof shall be in addition to all other rights and remedies arbitrators are available to Lessor under California law arising from consider the obligations set forth in this Leaserequest for injunctive relief.

Mandatory and Binding Arbitration. Any dispute arising between the Parties regarding Section 22(b)(i) The parties hereby agree that they will submit any and all controversies, which cannot be settled amicably by the Parties within ten (10) days, concerning only the provisions claims and matters of Section 22(b) of this Lease or the rights and duties of the Parties difference to binding arbitration 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 Los Angeles County, California, in accordance according to the rules and practices of JAMS-Endispute or other mutually acceptable private arbitration service, except to the extent that such rules and practices are inconsistent with the Commercial Arbitration Rules provisions of this Subparagraph (d). This submission and agreement to arbitrate shall be specifically enforceable. Without limiting the generality of the AAA foregoing, the following shall be considered controversies for this purpose: (A) all questions relating to the “Rules”)breach of any obligation, warranty, right or condition hereunder; (B) the failure of any party to deny or reject a claim or demand of any other party; and (C) any question as to whether the right to arbitrate a certain dispute exists. Arbitration may proceed in the absence of any party if reasonable written 8 55 notice of the proceedings has been given to such party. The parties agree to abide by all awards rendered in such proceedings, which shall be final and binding on all parties. All awards may be filed with the clerk of the district court in the county in which the prevailing party has his or its principal office and/or in the county in which the residence or principal office of a non-prevailing party is located, as a basis of judgment, and of the issuance of execution for its collection and, at the election of the party making such Rules are filing, with the clerk of one or more other courts, state or federal, having jurisdiction over the party against whom such an award is rendered or such party's property. (ii) The parties shall mutually agree upon one (1) arbitrator who shall be selected pursuant to the rules of the American Arbitration Association. (iii) The parties to any dispute hereunder shall have the right to engage in effect on any and all discovery pertaining to civil litigation as they would be entitled to pursuant to the date California Code of delivery Civil Procedure including, without limitation, all pre-hearing discovery as would be permitted in civil litigation. Said discovery shall proceed pursuant to the provisions of the California Code of Civil Procedure governing discovery in civil litigation and all conditions and objections allowed under the rules of said California Code of Civil Procedure shall be allowed with respect to such discovery. The arbitrator shall rule upon motions to compel or limit discovery and shall have the authority to impose sanctions, including attorneys' fees and costs, to the same extent as a Demand for Arbitration, provided, however, that notwithstanding anything contained in the Rules, court of law or equity should the arbitrator determine that discovery was sought without substantial justification or that discovery was refused or objected to without substantial justification. (iv) The arbitrator shall not apply California law, or Federal law if applicable, as though the arbitrator was bound by applicable statutes and precedents in case law, and shall endeavor to decide the controversy as though the arbitrator was a judge in a California court of law. The arbitrator shall have the power to authorize more than ten (10) document requests. Furtherissue any award, no interrogatories judgment, decree or order of relief that a court of law or equity could issue under California law including but not limited to, money damages, specific performance, or injunctive relief; and for such purposes it is hereby expressly acknowledged and agreed that damages at law will be an inadequate remedy for a breach or threatened breach of any provision of this Agreement, it being the intention of this sentence to make clear the agreement of the parties hereto that the respective rights and obligations of the parties hereto hereunder 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” enforceable 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 any 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 in accordance with principles of the date equity as well as of the Demand for Arbitrationlaw. The arbitrator shall determine all questions prepare a written decision that will be supported by written findings 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 conclusions which adequately set forth the arbitration provisions contained hereinbasis of the arbitrator's decision and which cite the statutes and precedents applied and relied upon in reaching said decision. The arbitrator may apportion award, judgment, decree or order, and the costs and expenses findings of the arbitration proceedingarbitrator, including attorneys’ fees shall be final, conclusive and arbitrators’ feesbinding upon the parties hereto, between and the Parties in judgment upon the award and enforcement of any manner deemed reasonable by the arbitrator. The arbitrator is requiredother judgment, under this Lease between the Parties, to strictly construe this Lease and may not grant an award decree or any order of relief to a Party that is inconsistent with the express terms of this Lease. Any award or determination rendered granted by the arbitrator may be entered and enforced or obtained in any court of competent jurisdictionjurisdiction upon the application of any party to the dispute. Upon This agreement to arbitrate shall be self-executing without the occurrence necessity of a Cause for Terminationfiling any action in any court and shall be specifically enforceable under the prevailing arbitration law. (v) The parties acknowledge that, Lessor shall have the right to terminate this Lease by giving Lessee written notice thereof in the manner set forth in Section 28event of any dispute, setting forth the facts and circumstances constituting parties are required to submit the Cause for Termination. Lessor’s right dispute to terminate this Lease in accordance with arbitration under the provisions hereof shall be in addition to all other rights and remedies available to Lessor under California law arising from the obligations set forth in of this Lease.Subparagraph

Mandatory and Binding Arbitration. Any dispute arising between In the Parties regarding Section 22(b), which event that you or we have a Dispute (as defined below) that cannot be settled amicably by the Parties within ten resolved through informal dispute resolution pursuant to Section 12(C), then you and we agree (10) days, concerning only the provisions unless you opt out of Section 22(b12 in accordance with Section 12(H)) to resolve such Dispute in an individual action, either through binding arbitration or in small claims court, instead of this Lease in courts of general jurisdiction. You acknowledge and agree that, in the event that you or DISH commences an individual action in small claims court in accordance with Section 12 and it is determined that the rights and duties of the Parties in regard theretoapplicable small claims court cannot adjudicate such individual action (e.g., shall such small claims court lacks jurisdiction over such individual action), then such Dispute may only be resolved through an arbitration proceeding pursuant to Section 12. Arbitration is more informal than a lawsuit in court. Arbitration means that you will have a fair hearing before a neutral arbitrator rather than before a judge or jury in a court. Arbitrators can award the same damages that a court can award. Proceeding in arbitration may result in limited discovery and is subject to limited review by courts. Arbitration means that you waive your right to a trial by a jury or a trial by a judge (other than in small claims court). Any arbitration as provided under this Agreement will take place on an individual basis; class arbitrations and class or representative claims are not permitted. BY ENTERING INTO THIS AGREEMENT, YOU AND DISH ARE EACH AGREEING TO WAIVE THE RIGHT TO A TRIAL BY JURY OR A TRIAL BY A JUDGE (OTHER THAN IN SMALL CLAIMS COURT) AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR TO BRING A CLAIM IN A REPRESENTATIVE CAPACITY. You and DISH also each agree that this Agreement evidences a transaction in this paragraph. All such disputes shall be settled exclusively and finally through arbitration conducted by interstate commerce and, thus, that the American Federal Arbitration Association Act (the “AAAFAA”) before a single arbitrator governs the interpretation and enforcement of this provision. Nothing in Fresno Countythis Agreement precludes you from bringing issues to the attention of federal, Californiastate or local agencies (including, without limitation, the Federal Communications Commission). Such agencies can, 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 event that the Parties are agreeing to arbitration as an alternative to judicial proceedings because arbitration is intended to be a quickerlaw allows, 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 seek 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 enforced in any court of competent jurisdiction. Upon the occurrence of a Cause for Termination, Lessor shall have the right to terminate this Lease by giving Lessee written notice thereof in the manner set forth in Section 28, setting forth the facts and circumstances constituting the Cause for Termination. Lessor’s right to terminate this Lease in accordance with the provisions hereof shall be in addition to all other rights and remedies available to Lessor under California law arising from the obligations set forth in this Leaseagainst us on your behalf.

Mandatory and Binding Arbitration. Any dispute arising (a) The Buyer, on the one hand, and the Sellers, on the other hand, shall seek in good faith to reach agreement as to any dispute, controversy, claim or difference of any kind (“Dispute”) between the Parties regarding Section 22(b)parties arising out of or related to this Agreement. If the parties hereto are unable to reach such agreement within thirty (30) Business Days of one party delivering written notice of a Dispute to the other, which cannot be settled amicably by then 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, Dispute shall be resolved finally settled by arbitration as provided in this paragraph. All such disputes shall be settled exclusively and finally through arbitration conducted by the American Arbitration Association an arbitral tribunal (the “AAATribunal”) before a single arbitrator in Fresno County, California, in accordance with under the Commercial JAMS Comprehensive Arbitration Rules and Procedures (“JAMS”) as in force at the time such arbitration is commenced, except as provided below. The Tribunal shall apply the law of the AAA (the “Rules”), as such Rules are in effect on the date State of delivery of a Demand for Arbitration, provided, however, that notwithstanding anything contained New York in the Rules, the arbitrator arbitration proceedings. (b) The Tribunal shall not have the power to authorize more than ten (10) document requests. Further, no interrogatories shall be allowed during the course consist 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 Partyarbitrators. The Buyer, on the one hand, and the Sellers, on the other hand, shall each nominate an arbitrator within fourteen (14) days of the request for arbitration. If the Buyer or the Sellers fail to nominate an arbitrator, JAMS shall appoint such arbitrator within seven (7) days of notice of a party’s failure to appoint an arbitrator within the required period. Following their selection, the two (2) party-nominated arbitrators shall together agree upon the nomination of the third (3rd) arbitrator within thirty (30) days after the nomination of the second arbitrator. If the two (2) party-nominated arbitrators are unable to agree on the nomination of the third arbitrator within the thirty (30) day period, JAMS shall appoint the third arbitrator within seven (7) days of notice of the parties’ inability to agree on a third (3rd) arbitrator within the required period. The third (3rd) arbitrator, however appointed, shall serve as Chairman of the Tribunal. (c) The site of the arbitration shall be New York, New York and the arbitration proceedings shall be conducted exclusively in English. The arbitration proceedings provided hereunder are hereby declared shall be confidential. All disputes concerning or relating 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 arbitrability of disputes under this Agreement or the jurisdiction of the date arbitrators shall be resolved in the first instance by the arbitrators. (d) The award shall be rendered in writing and shall set forth in reasonable detail the facts of the Demand dispute and the reasons for Arbitrationthe Tribunal’s decision. The arbitrator In the award, the Tribunal 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 arbitration. The award rendered in any manner deemed reasonable by arbitration commenced hereunder shall be final and conclusive and binding upon the arbitratorparties upon the date it is rendered. The arbitrator is required, under this Lease between the Parties, parties hereto undertake to strictly construe this Lease and may not grant an implement any 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 Tribunal and judgment upon the award may be entered and enforced in any court of competent jurisdiction. (e) The arbitrators are authorized to consolidate multiple Disputes between the parties to the Transaction Documents where efficient and appropriate. (f) Either party may make an application to the arbitrators seeking injunctive relief until such time as the arbitration award is rendered or the Dispute is otherwise resolved. Upon Either party may apply to any court having jurisdiction hereof and seek injunctive relief until such time as the occurrence of a Cause for Termination, Lessor shall have the right to terminate this Lease by giving Lessee written notice thereof in the manner set forth in Section 28, setting forth the facts and circumstances constituting the Cause for Termination. Lessor’s right to terminate this Lease in accordance with the provisions hereof shall be in addition to all other rights and remedies arbitrators are available to Lessor under California law arising from consider the obligations set forth in this Leaserequest for injunctive relief.