Mandatory Arbitration of Disputes. Any action, dispute, claim, --------------------------------- counterclaim or controversy ("Dispute" or "Disputes"), between or among the parties, including, without limitation, any claim based on, or arising from, an alleged tort or contract, shall be resolved by arbitration as set forth below. As used herein, Disputes shall include all actions, disputes, claims, counterclaims or controversies arising in connection with any commitment or provision set forth in this Agreement or any of its exhibits or in any other agreement entered by the parties in connection with this Agreement; any action taken (or any omission to take any action) in connection with any of the foregoing; any past, present and future agreements, whether written or oral, between or among the parties, including, without limitation, this Agreement; or any agreement entered in connection with this Agreement. All Disputes shall be resolved by binding arbitration in accordance with Title 9 of the U. S. Code and the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Defenses based on statutes of limitation, estoppel, waiver, laches and similar doctrines, that would otherwise be applicable to an action brought by a party, shall be applicable in any such arbitration proceeding, and the commencement of an arbitration proceeding with respect to this Agreement shall be deemed the commencement of an action for such purposes.
Appears in 8 contracts
Samples: Non Qualified Stock Option Agreement (Alabama National Bancorporation), Non Qualified Stock Option Agreement (Alabama National Bancorporation), Non Qualified Stock Option Agreement (Alabama National Bancorporation)
Mandatory Arbitration of Disputes. Any action, dispute, claim, --------------------------------- counterclaim or controversy ("Dispute" or "Disputes"), between or among the parties, including, without limitation, any claim based on, or arising from, an alleged tort or contract, shall be resolved by arbitration as set forth below. As used herein, Disputes shall include all actions, disputes, claims, counterclaims or controversies arising in connection with any extension of or commitment or provision set forth in this Agreement or any of its exhibits or in any other agreement entered by the parties in connection with this Agreement; , any action taken (or any omission to take any action) in connection with any of the foregoing; , any past, present and future agreements, whether written or oral, agreements between or among the parties, including, without limitation, this Agreement; , or any agreement entered in connection with this Agreement. All Disputes shall be resolved by binding arbitration in accordance with Title 9 of the U. S. U.S. Code and the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Defenses based on statutes of limitation, estoppel, waiver, laches and similar doctrines, that would otherwise be applicable to an action brought by a party, shall be applicable in any such arbitration proceeding, and the commencement of an arbitration proceeding with respect to this Agreement shall be deemed the commencement of an action for such purposes.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Zebu)
Mandatory Arbitration of Disputes. Any action, dispute, claim, --------------------------------- counterclaim or controversy ("“Dispute" ” or "“Disputes"”), between or among the parties, including, without limitation, any claim based on, or arising from, an alleged tort or contract, shall be resolved by arbitration as set forth below. As used herein, Disputes shall include all actions, disputes, claims, counterclaims or controversies arising in connection with any commitment or provision set forth in this Agreement or any of its exhibits or in any other agreement entered by the parties in connection with this Agreement; any action taken (or any omission to take any action) in connection with any of the foregoing; any past, present and future agreements, whether written or oral, between or among the parties, including, without limitation, this Agreement; or any agreement entered in connection with this Agreement. All Disputes shall be resolved by binding arbitration in accordance with Title 9 of the U. S. Code and the Commercial Arbitration Rules of the American Arbitration Association ("“AAA"”). Defenses based on statutes of limitation, estoppel, waiver, laches and similar doctrines, that would otherwise be applicable to an action brought by a party, shall be applicable in any such arbitration proceeding, and the commencement of an arbitration proceeding with respect to this Agreement shall be deemed the commencement of an action for such purposes.
Appears in 1 contract
Samples: Non Qualified Stock Option Agreement (Alabama National Bancorporation)