Matters Subject to Arbitration. The Company and Executive agree to arbitrate all disputes (except for those listed in the next section) involving legal or equitable rights which the Company may have against Executive or Executive may have against the Company, its affiliates, subsidiaries, divisions, predecessors, successors, assigns and their current and former employees, officers, directors, and agents, arising out of or in any manner related to the Agreement and the employment relationship between the Company and Executive. This includes, for example, disputes about the terms and conditions of employment, wages and pay, leaves of absence, reasonable accommodation, or termination of employment. Such claims include, but are not limited to, those under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act of 1990, Sections 1981 through 1988 of Title 42 of the United States Code, any state or local anti-discrimination, harassment, or wage laws (such as the Texas Commission on Human Rights Act), or any other federal, state, or local law, ordinance or regulation, or those based on any public policy, contract, tort, equitable theory, or common law or any claim for costs, fees, or other expenses or relief, including attorneys’ fees. Matters covered by this Section 17(a) are subject to arbitration, not a court or jury trial.
Matters Subject to Arbitration. In order to promote the efficient resolution of disputes that may arise between the parties, the parties hereby agree that all disputes arising out of or relating to the following matters (“Arbitrable Matters”) shall be exclusively subject to the Arbitration Procedures set forth below in this section:
Matters Subject to Arbitration. Xxxxxxx and Executive agree to arbitrate all disputes (except for those listed in the next section) involving legal or equitable rights which Xxxxxxx may have against Executive or Executive may have against Xxxxxxx, its affiliates, subsidiaries, divisions, predecessors, successors, assigns and their current and former employees, officers, directors, and agents, arising out of or in any manner related to the Agreement and the employment relationship between Xxxxxxx and Executive. This includes, for example, disputes about the terms and conditions of employment, wages and pay, leaves of absence, reasonable accommodation, or termination of employment. Such claims include, but are not limited to, those under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Family and Medical Leave Act, the Americans with Disabilities Act of 1990, Sections 1981 through 1988 of Title 42 of the United States Code, any state or local anti-discrimination, harassment, or wage laws (such as the Texas Commission on Human Rights Act), or any other federal, state, or local law, ordinance or regulation, or those based on any public policy, contract, tort, equitable theory, or common law or any claim for costs, fees, or other expenses or relief, including attorneys’ fees. Matters covered by this Section 17(a) are subject to arbitration, not a court or jury trial.
Matters Subject to Arbitration. Matters subject to arbitration shall be referred to the American Arbitration Association under Voluntary Rules except for the selection of an arbitrator who shall be chosen by alternate striking from a list of nine (9) provided by the American Arbitration Association. The first party to strike shall be determined by the flip of a coin. Only grievances which involve an alleged violation by the Employer of a specific section or provisions of this Agreement which are presented to the Employer in writing during the term of this Agreement and which are processed in the manner and within the time limits herein provided shall be subject to arbitration. Jurisdiction of the arbitrator is limited to:
1. Adjudication of the issues which, under the express terms of this Agreement and any Submission Agreement, are subject to arbitration;
2. Interpretation of the specific terms of this Agreement which are applicable to the particular issue presented to the arbitrator; such jurisdiction shall not give such arbitrator authority to supplement or modify this Agreement by reference to any industry practice or custom law of the industry;
3. The rendition of a decision or award which in no way modifies, adds to, subtracts from, changes or amends any term or condition of this Agreement;
4. The rendition of a decision or award in writing which shall include a statement of the reasoning and grounds upon which such decision or award is based;
5. The rendition of a decision or award based solely on the evidence and matters presented to the arbitrator by the respective parties in the presence of each other, and the matters presented in the written briefs of the parties;
6. The rendition of a decision or award within thirty (30) calendar days of the date of presentation of written briefs by the parties unless waived by the parties;
7. The arbitrator shall decide all substantive and procedural arbitrability issues arising under this Agreement. Upon request of either party the merits of a grievance and the substantive and procedural arbitrability issues arising in connection with that grievance shall be consolidated for hearing before the arbitrator provided that an arbitrator shall resolve the arbitrability of a grievance before hearing the merits of the grievance; and,
8. No arbitrator shall have the authority to remand an issue back to the parties for negotiations. The fees and expenses of the arbitrator shall be borne equally by the Employer and the Federation. The decision of th...
Matters Subject to Arbitration. Except with regard to any other matters that are not a proper subject of arbitration, all disputes between the parties hereto concerning the performance, breach, construction or interpretation of this Employment Agreement or any portion thereof, or in any manner arising out of this Employment Agreement or the performance thereof, shall be submitted to binding arbitration, in accordance with the rules of the American Arbitration Association. The arbitration proceeding shall take place at a mutually agreeable location in New York County, New York or such other location as agreed to by the parties.
Matters Subject to Arbitration. In case of a dispute between Developer, on the one hand, and City on the other, with respect to any disagreement under this Agreement other than a disagreement with respect to any of the following items, the parties shall in good faith attempt to resolve such dispute through informal negotiations (“Negotiations”). In the event the parties reach a resolution during Negotiations such resolution shall be set forth in a writing signed by all parties and may be enforced in any court of competent jurisdiction as if it were an arbitration award, pursuant to Section 14.16(j). In the event either party determines in its sole discretion that a resolution cannot be reached during the Negotiations, such party may deliver to the other party written notice to terminate the Negotiations and to refer the disagreement to binding arbitration consistent with the procedures set forth below. The decision of the arbitrator or arbitrators shall be final and binding upon the parties, and a judgment may be rendered thereon in any court of competent jurisdiction. The matters not subject to arbitration hereunder are as follows:
(1) Any dispute arising under Section 3.5; or
(2) Any dispute asserted by City which could give rise to an Event of Default to which a Mandatory Sale is a remedy available to City.
Matters Subject to Arbitration. In case of a dispute between Developer, on the one hand, and either City and/or EDC on the other, with respect to any disagreement under this Agreement other than a disagreement with respect to any of the following items, the parties shall in good faith attempt to resolve such dispute through informal negotiations ("Negotiations"). In the event the parties reach a resolution during Negotiations such resolution shall be set forth in a writing signed by all parties and may be enforced in any court of competent jurisdiction as if it were an arbitration award, pursuant to Section 21.17(k). In the event either party determines in its sole discretion that a resolution cannot be reached during the Negotiations, such party may deliver to the other party written notice to terminate the Negotiations and to refer the disagreement to binding arbitration consistent with the procedures set forth below. The decision of the arbitrator or arbitrators shall be final and binding upon the parties, and a judgment may be rendered thereon in any court of competent jurisdiction. The matters not subject to arbitration hereunder are as follows:
(1) Any dispute arising under Section 2.6.
(2) Any dispute asserted by City and/or EDC which could give rise to an Event of Default to which a Mandatory Sale is a remedy available to City.
Matters Subject to Arbitration. Disputes respecting the following matters shall be resolved by arbitration:
(a) Any Annual Contract Quantity or Swing Rate set forth in Buyer’s Final Additional Commitment Forecast or any Annual Contract Quantity or Swing Rate set forth in any Option Forecast;
(b) Seller’s Available Gas Reserves;
(c) Any determination of an Annual Contract Quantity or Swing Rate on Seller’s Final Additional Commitment Forecast;
(d) Determination of the successor index contemplated by Section 10.1(d);
(e) An allocation of ad valorem taxes pursuant to Section 10.7(b); and
(f) Buyer’s obligation pursuant to Section 10.7(a) and (d) to reimburse Seller for Taxes; Provided, however, that disputes respecting Taxes shall not be subject to arbitration unless the panel of arbitrators possesses sufficient authority under applicable law to compel (i) the attendance of all witnesses with knowledge of the facts of the disputed issues and (ii) the submission of all relevant information.
Matters Subject to Arbitration. If a dispute arises between the Parties in relation to Articles 6.3, 6.4, 6.8, and 6.9, then the dispute may be settled by arbitration in accordance with the following terms and conditions. It is agreed that only the matters described in Articles 6.3, 6.4, 6.8, and 6.9 may be arbitrated.
Matters Subject to Arbitration. Matters subject to arbitration shall be limited solely to the question of whether or not (i) Avalon has breached its obligations under either Section 3.6 or 5.3 or (ii) Vertex has unreasonably withheld its consent to an extension of the deadline for a Diligence Milestone under Section 3.6. Avalon shall promptly provide to Vertex or the arbitrators upon request all information relevant or useful in making such a determination.
