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 (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.