Matters to be Arbitrated. Any dispute, controversy or claim arising under or in connection with this Agreement or any document, instrument or agreement delivered pursuant hereto, the resolution of which is not provided for in this Agreement and which cannot be resolved or settled by the Parties, shall be settled by arbitration in accordance with this Article 11 upon written notice by a Party to the other.
Matters to be Arbitrated. Any dispute, controversy or claim arising under or in connection with this Agreement, and which cannot be resolved within 60 days of attempted negotiations between the Parties, shall be settled by arbitration in accordance with this Section 10.
Matters to be Arbitrated. Any dispute, controversy or claim arising under or in connection with this Agreement, the resolution of which is not provided for in this Agreement and which cannot be resolved or settled by the parties, including any inability to agree on an adjustment to the Purchase Price or any other matter to be agreed upon by the parties pursuant to Section 6.1, shall be settled by arbitration in accordance with this Article 18 upon written notice by a party to the other.
Matters to be Arbitrated. Notice of Claims and Defenses; Party Arbitrator Designation 29 Section 11.2 Arbitrators; Selection of Neutral Arbitrator 30 Section 11.3 Arbitration Hearings, Procedures and Timing 30 Section 11.4 Choice of Law 30 Section 11.5 Award and Enforcement 30 Section 11.6 Performance Pending Arbitration Decision 30 ARTICLE XII FORCE MAJEURE, NON-NORMAL CONDITIONS, RIGHTS TO CURE, TERMINATION AND EXPIRATION 31 Section 12.1 Force Majeure and Environmental Force Majeure 31 Section 12.2 Non-Normal Conditions, Right to Cure, and Offers of Non-SJCC Coal 35 Section 12.3 SJCC Default 37 Section 12.4 Utility Default 39 Section 12.5 Utility’s Purchase Right Upon Expiration of the Term 40 Section 12.6 Termination and Remedy 41 Section 12.7 Termination Remedies in the Event of Extension Term 42 ARTICLE XIII INDEMNITY 42 Section 13.1 General Indemnification 42 ARTICLE XIV GENERAL PROVISIONS 43 Section 14.1 Compliance with Applicable Laws 43 Section 14.2 Labor Force 43 Section 14.3 Confidentiality / Xxx-xxxxxxxxxx 00 Section 14.4 Permits and Approvals 44 Section 14.5 Waivers 45 Section 14.6 Insurance 45 Section 14.7 Notices 45 Section 14.8 Choice of Law 46 Section 14.9 Assignment 46 Section 14.10 Successors and Assigns 46 Section 14.11 Authorizations 46 Section 14.12 Amendments 46 Section 14.13 Construction 47 Section 14.14 Entire Agreement 47 -iii- TABLE OF CONTENTS (continued) Page Section 14.15 Limitation on Damages 47 Section 14.16 Severability 47 Section 14.17 Survival of Provisions 47 ARTICLE XV SIGNATURES 48 Coal Supply Agreement Exhibits and Attachments Attachment 1 Form of Guaranty Exhibit A Coal Leases Exhibit B Delivery Points Exhibit C Mining Plans and Methods Exhibit D Projected Annual Tonnage Exhibit E SJCC Site Area Exhibit F SJCC Insurance Requirements Exhibit G First Year Approved Annual Operating Plan Exhibit H Coal Quality Measures Exhibit I Taxes and Royalties Exhibit J Purchase Price Adjustment Factors (Utility Event Of Default) Exhibit K Purchase Price Adjustment Factors (Environmental Force Majeure) Exhibit L Purchase Price Adjustment Factors (SJCC Event Of Default) Exhibit M Allocation Methodology For Annual Preexisting Stockpile Amount Exhibit N Quarterly Price Adjustment Exhibit O Form of Assignment and Assumption of Coal Supply Agreement Coal Supply Agreement
Matters to be Arbitrated. Notice of Claims and Defenses; Party Arbitrator Designation....................................38 11.2 Arbitrators; Selection of Neutral Arbitrator....................38 11.3 Arbitration Hearings, Procedures and Timing.....................38 11.4 Choice of Law...................................................38 11.5
Matters to be Arbitrated. Notice of Claims and Defenses; Party Arbitrator Designation Either party may demand final and binding arbitration of any dispute, claim or controversy arising out of or relating to this Agreement, performance or actions pursuant to this Agreement, or concerning the interpretation of this Agreement (whether such matters sound in contract, tort or otherwise and including without limitation repudiation, illegality, and/or fraud in the inducement) by giving written notice to the other party of all claims it desires to submit to arbitration; provided, however, that matters within the authority of the Joint Committee must be presented first to that committee for consideration. The notice shall include: (a) the demanding party's designation of a party arbitrator; and (b) a detailed statement of the facts and theories supporting the claims. The party on whom the arbitration demand is served shall have thirty days from receipt of the notice to respond in writing to the demand and to submit any additional claims it wishes to submit to arbitration at the same time. The response also shall include: (a) the designation of the party arbitrator for that party; and (b) a detailed statement of the facts and theories supporting the claims and/or defenses asserted. The party originally demanding arbitration shall reply in writing to any additional claims submitted within ten days from the receipt of such response.
Matters to be Arbitrated. Any dispute between the parties concerning Fair Market Rent shall be determined by arbitration in accordance with the procedures specified in this Paragraph 30.(b), if Tenant elects to determine Fair Market Rent by arbitration in accordance with Paragraph 2.(c)(3). Any such arbitration shall be final and binding between the parties as to the matters at issue, and the order of the arbitrator may be enforced in the manner provided for enforcement of a judgment of a court of law pursuant to the applicable provisions of the California Code of Civil Procedure.
Matters to be Arbitrated. 46 STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT (this "Agreement") is made and entered into as of this 3rd day of May, 1996, between the following parties: HEALTH PARTNERS OF ALABAMA, INC., an Alabama corporation (the "Buyer") and PHYSICIAN CORPORATION OF AMERICA, a Delaware corporation (the "Seller").
Matters to be Arbitrated. Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by binding arbitration in accordance with the rules of the American Arbitration Association then in effect, except to the extent that the procedures outlined below differ from such rules. Such arbitration shall be conducted by three arbitrators, one of whom shall be appointed by Buyer, one of whom shall be appointed by Seller and the third of whom shall be appointed by the first two arbitrators. Within 30 days after receipt of written notice from either Party that a dispute exists and that arbitration is required, each Party must appoint one arbitrator. If either Buyer or Seller fails to appoint an arbitrator within said 30-day period or if the first two arbitrators cannot agree on the appointment of a third arbitrator within 30 days after the second arbitrator is designated, then Buyer or Seller may request that such arbitrator be appointed by the American Arbitration Association so as to enable the arbitrators to render an award within 90 days after the three arbitrators have been appointed. Following the selection of arbitrators as set forth above, the arbitration shall be conducted promptly and expeditiously. Each party shall bear its own attorneys' fees in connection with such arbitration proceeding. All other fees and expenses in connection with such arbitration proceeding, including, without limitation, any expenses of the arbitrators, shall be paid by the non-prevailing party. The place of arbitration shall be Atlanta, Georgia. The judgment of the arbitration tribunal shall be accompanied by a written statement of the basis for such judgment and may be enforced by any court having proper jurisdiction.
Matters to be Arbitrated. Any dispute, controversy or claim arising out of or relating to the Agreement or the subject matter of the Agreement, or the breach, termination, or invalidity of the Agreement, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in effect on the Effective Date, except as otherwise provided by these Arbitration/Mediation Provisions. Except as otherwise provided by Section III below, arbitration shall be the sole and exclusive forum for resolution of the dispute, controversy or claim and the award shall be final and binding to the extent permitted by law. Judgment thereon may be entered by any court having jurisdiction.
