Common use of Mandatory Arbitration of Disputes Clause in Contracts

Mandatory Arbitration of Disputes. Except as provided in this Section 5, any dispute, controversy or claim arising out of or in connection with, or relating to, this Agreement or any breach or alleged breach hereof, shall be submitted to and settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Rules”). Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the then-current Rules, the following shall apply with respect to arbitration proceedings, unless expressly agreed to otherwise by the parties: Initials of Parties: Executive Company A. The arbitration proceeding shall be held in Wake County, North Carolina. The arbitration shall be conducted by a single arbitrator selected in accordance with the Rules. B. The arbitrator shall be and remain at all times wholly independent and impartial. C. The administrative costs of the arbitration proceeding and the arbitrator’s compensation shall be allocated equally between the parties by the AAA. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all fees, expenses, and costs. “Fees, expenses, and costs” mean all reasonable pre-award expenses of the arbitration, including without limitation the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, witness fees, and attorneys’ fees and expenses. D. The decision of the arbitrator shall be in writing, and shall be final and binding upon the parties. E. It is the parties’ intent that the arbitration process proceed as quickly as possible. Accordingly, the party filing the demand for arbitration (the claimant) shall submit a statement of its position along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after the AAA notifies the parties of the appointment of the arbitrator. The respondent shall submit a statement of its position along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after receiving the claimant’s statement of position and documents. If the respondent includes a counterclaim against the claimant, the claimant shall submit a statement of its position on that counterclaim, along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after receiving the claimant’s statement of position and documents. Each party shall have the right to take one deposition of the other. No further discovery shall be allowed. A party will not be allowed to introduce documents into evidence at the hearing unless they were provided to the other party with its statement of position, as described above. In order to be considered timely submitted, the submission must be delivered by hand delivery on the date it is due, or dispatched via a recognized overnight delivery service the day before the submission is due, in such manner that it is reasonable to expect that delivery will be made on the due date. All such submissions shall simultaneously be filed with the arbitrator. F. The arbitration hearing shall be held within twenty (20) business days after the date the last statement of position is submitted or was due to be submitted. The arbitrator shall render his or her award within ten (10) business days after conclusion of the hearing. The arbitrator shall agree to comply with this schedule before accepting appointment. However, the time limits set forth in paragraphs E and G of this Section 5 may be extended by agreement of the parties or by the arbitrator if the arbitrator deems such extension to be necessary. G. The arbitrator shall not have the authority to award punitive damages. H. Any claim or action must be brought within one (1) year after the cause of action accrues.

Mandatory Arbitration of Disputes. Except as provided in this Section section 5, any dispute, controversy or claim arising out of or in connection with, or relating to, this Agreement or any breach or alleged breach hereof, shall be submitted to and settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Rules”). Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the then-current Rules, the following shall apply with respect to arbitration proceedings, unless expressly agreed to otherwise by the parties: Initials of Parties: Executive Company: A. The arbitration proceeding shall be held in Wake County, North Carolina. The arbitration shall be conducted by a single arbitrator selected in accordance with the Rules. B. The arbitrator shall be and remain at all times wholly independent and impartial. C. The administrative costs of the arbitration proceeding and the arbitrator’s compensation shall be allocated equally between the parties by the AAA. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all fees, expenses, and costs. “Fees, expenses, and costs” mean all reasonable pre-award expenses of the arbitration, including without limitation the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, witness fees, and attorneys’ fees and expenses. D. The decision of the arbitrator shall be in writing, and shall be final and binding upon the parties. E. It is the parties’ intent that the arbitration process proceed as quickly as possible. Accordingly, the party filing the demand for arbitration (the claimant) shall submit a statement of its position along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after the AAA notifies the parties of the appointment of the arbitrator. The respondent shall submit a statement of its position along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after receiving the claimant’s statement of position and documents. If the respondent includes a counterclaim against the claimant, the claimant shall submit a statement of its position on that counterclaim, along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after receiving the claimant’s statement of position and documents. Each party shall have the right to take one deposition of the other. No further discovery shall be allowed. A party will not be allowed to introduce documents into evidence at the hearing unless they were provided to the other party with its statement of position, as described above. In order to be considered considered, timely submitted, the submission must be delivered by hand delivery on the date it is due, or dispatched via a recognized overnight delivery service the day before the submission is due, in such manner that it is reasonable to expect that delivery will be made on the due date. All such submissions shall simultaneously be filed with the arbitrator. F. The arbitration hearing shall be held within twenty (20) business days after the date the last statement of position is submitted or was due to be submitted. The arbitrator shall render his or her award within ten (10) business days after conclusion of the hearing. The arbitrator shall agree to comply with this schedule before accepting appointment. However, the time limits set forth in paragraphs E and G of this Section 5 may be extended by agreement of the parties or by the arbitrator if the arbitrator deems such extension to be necessary. G. The arbitrator shall not have the authority to award punitive damages. H. Any claim or action must be brought within one (1) year after the cause of action accrues.

Mandatory Arbitration of Disputes. Except as provided in this Section section 5, any dispute, controversy or claim arising out of or in connection with, or relating to, this Agreement or any breach or alleged breach hereof, shall be submitted to and settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Rules”). Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the then-current Rules, the following shall apply with respect to arbitration proceedings, unless expressly agreed to otherwise by the parties: Initials of Parties: Executive Company: A. The arbitration proceeding shall be held in Wake County, North Carolina. The arbitration shall be conducted by a single arbitrator selected in accordance with the Rules. B. The arbitrator shall be and remain at all times wholly independent and impartial. C. The administrative costs of the arbitration proceeding and the arbitrator’s compensation shall be allocated equally between the parties by the AAA. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all fees, expenses, and costs. “Fees, expenses, and costs” mean all reasonable pre-award expenses of the arbitration, including without limitation the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, witness fees, and attorneys’ fees and expenses. D. The decision of the arbitrator shall be in writing, and shall be final and binding upon the parties. E. It is the parties’ intent that the arbitration process proceed as quickly quickly, as possible. Accordingly, the party filing the demand for arbitration (the claimant) shall submit a statement of its position along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after the AAA notifies the parties of the appointment of the arbitrator. The respondent shall submit a statement of its position along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after receiving the claimant’s statement of position and documents. If the respondent includes a counterclaim against the claimant, the claimant shall submit a statement of its position on that counterclaim, along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after receiving the claimant’s statement of position and documents. Each party shall have the right to take one deposition of the other. No further discovery shall be allowed. A party will not be allowed to introduce documents into evidence at the hearing unless they were provided to the other party with its statement of position, as described above. In order to be considered timely submitted, the submission must be delivered by hand delivery on the date it is due, or dispatched via a recognized overnight delivery service the day before the submission is due, in such manner that it is reasonable to expect that delivery will be made on the due date. All such submissions shall simultaneously be filed with the arbitrator. F. The arbitration hearing shall be held within twenty (20) business days after the date the last statement of position is submitted or was due to be submitted. The arbitrator shall render his or her award within ten (10) business days after conclusion of the hearing. The arbitrator shall agree to comply with this schedule before accepting appointment. However, the time limits set forth in paragraphs E and G of this Section 5 may be extended by agreement of the parties or by the arbitrator if the arbitrator deems such extension to be necessary. G. The arbitrator shall not have the authority to award punitive damages. H. Any claim or action must be brought within one (1) year after the cause of action accrues.

Mandatory Arbitration of Disputes. Except as provided in this Section section 5, any dispute, controversy or claim arising out of or in connection with, or relating to, this Agreement or any breach or alleged breach hereof, shall be submitted to and settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Rules”). Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the then-current Rules, the following shall apply with respect to arbitration proceedings, unless expressly agreed to otherwise by the parties: Initials of Parties: Executive Company: A. The arbitration proceeding shall be held in Wake County, North Carolina. The arbitration shall be conducted by a single arbitrator selected in accordance with the Rules. B. The arbitrator shall be and remain at all times wholly independent and impartial. C. The administrative costs of the arbitration proceeding and the arbitrator’s compensation shall be allocated equally between the parties by the AAA. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all fees, expenses, and costs. “Fees, expenses, and costs” mean all reasonable pre-award expenses of the arbitration, including without limitation the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, witness fees, and attorneys’ fees and expenses. D. The decision of the arbitrator shall be in writing, and shall be final and binding upon the parties. E. It is the parties’ intent that the arbitration process proceed as quickly as possible. Accordingly, the party filing the demand for arbitration (the claimant) shall submit a statement of its position along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after the AAA notifies the parties of the appointment of the arbitrator. The respondent shall submit a statement of its position along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after receiving the claimant’s statement of position and documents. If the respondent includes a counterclaim against the claimant, the claimant shall submit a statement of its position on that counterclaim, along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after receiving the claimant’s statement of position and documents. Each party shall have the right to take one deposition of the other. No further discovery shall be allowed. A party will not be allowed to introduce documents into evidence at the hearing unless they were provided to the other party with its statement of position, as described above. In order to be considered timely submitted, the submission must be delivered by hand delivery on the date it is due, or dispatched via a recognized overnight delivery service the day before the submission is due, in such manner that it is reasonable to expect that delivery will be made on the due date. All such submissions shall simultaneously be filed with the arbitrator. F. The arbitration hearing shall be held within twenty (20) business days after the date the last statement of position is submitted or was due to be submitted. The arbitrator shall render his or her award within ten (10) business days after conclusion of the hearing. The arbitrator shall agree to comply with this schedule before accepting appointment. However, the time limits set forth in paragraphs E and G of this Section 5 may be extended by agreement of the parties or by the arbitrator if the arbitrator deems such extension to be necessary. G. The arbitrator shall not have the authority to award punitive damages. H. Any claim or action must be brought within one (1) year after the cause of action accrues.

Mandatory Arbitration of Disputes. Except as provided in this Section 5, The Parties agree that any dispute, controversy controversy, disagreement, or claim arising out of or in connection with, or relating to, to this Agreement or any breach or alleged breach hereof, ("Claim") shall be submitted to and settled by binding arbitration administered by mandatory arbitration, pursuant to the rules and procedures of the American Arbitration Association (“"AAA”) under its "). The Parties to the controversy shall select a single, neutral arbitrator. If the Parties are unable to mutually-agree upon an arbitrator, then the Parties shall select an arbitrator in accordance with AAA rules and procedures. The Parties agree that they shall initially each pay their own AAA initial filing fees and case service fees, but as provided below, the arbitrator may later allocate all or part of these fees to the other Party. The Parties also agree that they will initially equally divide the arbitrator costs and fees (as well as any court reporter fees for the arbitration hearing), but as provided below, the arbitrator may later allocate all or part of these fees and costs of the arbitration to the other Party. Promptly after an arbitrator has been selected, at a date to be set by the arbitrator, an arbitration hearing shall be held in . The Commercial Arbitration Rules of the AAA shall apply at the arbitration hearing, and the arbitrator shall allow each side of the dispute to present, in the presence of the other Party, its case, including opening statement, evidence, witnesses, if any, and summation. The arbitrator shall render a written decision within thirty (30) calendar days after the “Rules”)hearing, with reasons given and evidence cited for the decision. The decision and award, if any, of the arbitrator shall be final, binding and non-appealable. Any award shall provide for the allocation or all or part of the costs and expenses of the arbitration, including reasonable attorneys' fees, by the losing party where it is determined that the arbitration has been made necessary by the refusal or failure of that Party to negotiate in good faith the matter that is the subject matter of the arbitration. If no such determination is made, each Party shall bear its own costs and expenses. Judgment upon the award rendered by the arbitrator may be entered on any award so rendered in any court of competent jurisdiction. Notwithstanding the then-current Rulesforegoing, the following shall Company may apply with respect for, seek and obtain any equitable relief and/or injunctive remedies available to it to enforce its rights under this Agreement. The Parties unconditionally agree that all Claims subject to arbitration proceedingswill be brought in the Parties’ individual capacity, unless expressly agreed to otherwise by the parties: Initials and not as a plaintiff or class member in any form of Parties: Executive Company A. The arbitration proceeding shall be held in Wake Countyclass action, North Carolinacollective action, or representative proceeding. The arbitration shall be conducted by Contractor agrees that he or she will not lead, join, or serve as a single arbitrator selected in accordance with the Rules. B. The arbitrator shall be and remain at all times wholly independent and impartial. C. The administrative costs member of the arbitration proceeding and the arbitrator’s compensation shall be allocated equally between the parties by the AAAa class or group of persons bringing any form of class action, collective action, or representative proceeding. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all fees, expenses, may not consolidate more than one person's claims and costs. “Fees, expenses, and costs” mean all reasonable pre-award expenses of the arbitration, including without limitation the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, witness fees, and attorneys’ fees and expenses. D. The decision of the arbitrator there shall be in writingno right or authority to arbitrate any claims or disputes on a class, and shall be final and binding upon the parties. E. It is the parties’ intent that the arbitration process proceed as quickly as possible. Accordingly, the party filing the demand for arbitration (the claimant) shall submit a statement of its position along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after the AAA notifies the parties of the appointment of the arbitrator. The respondent shall submit a statement of its position along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after receiving the claimant’s statement of position and documents. If the respondent includes a counterclaim against the claimant, the claimant shall submit a statement of its position on that counterclaim, along with all supporting documents and all other documents that it intends to introduce into evidence at the hearing within ten (10) business days after receiving the claimant’s statement of position and documents. Each party shall have the right to take one deposition of the other. No further discovery shall be allowed. A party will not be allowed to introduce documents into evidence at the hearing unless they were provided to the other party with its statement of position, as described above. In order to be considered timely submitted, the submission must be delivered by hand delivery on the date it is duecollective, or dispatched via a recognized overnight delivery service the day before the submission is due, in such manner that it is reasonable to expect that delivery will be made on the due daterepresentative basis. All such submissions shall simultaneously be filed with the arbitratorTHE PARTIES ACKNOWLEDGE BY SIGNING THIS AGREEMENT THEY ARE EXPRESSLY WAIVING ANY AND ALL RIGHTS TO A TRIAL BEFORE A JUDGE AND/OR A JURY FOR ANY CLAIM OR DISPUTE SUBJECT TO THE TERMS OF THIS AGREEMENT TO ARBITRATE. F. The arbitration hearing shall be held within twenty (20) business days after the date the last statement of position is submitted or was due to be submitted. The arbitrator shall render his or her award within ten (10) business days after conclusion of the hearing. The arbitrator shall agree to comply with this schedule before accepting appointment. However, the time limits set forth in paragraphs E and G of this Section 5 may be extended by agreement of the parties or by the arbitrator if the arbitrator deems such extension to be necessary. G. The arbitrator shall not have the authority to award punitive damages. H. Any claim or action must be brought within one (1) year after the cause of action accrues.