Common use of Mediation/Arbitration Clause in Contracts

Mediation/Arbitration. (a) All disputes, claims or controversies arising out of or relating to this Agreement (collectively, “Disputes”) shall be submitted to non-binding mediation by either party to an impartial mediator, as agreed to by the parties, and appointed through JAMS in San Francisco, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator of JAMS in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association in San Francisco, California. Judgment on the award rendered by the arbitrator may be entered in any court in California. In the event that any Dispute between Indemnitee and the Corporation should result in arbitration, the prevailing party in the Dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including, without limitation, reasonable attorneys’ fees, experts’ fees, and expenses. Each party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered to be confidential information, and shall be kept confidential by each party. (b) Indemnitee specifically acknowledges and understands that by agreeing to this provision, Indemnitee is waiving all rights to have his or her claims brought, investigated, and/or adjudicated by an administrative agency, or heard before a judge or jury. Indemnitee also understands that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have to make a claim, prepare his or her case, or investigate his or her claims. The claims include claims of any kind relating to Indemnitee’s relationship with the Corporation, including claims relating to compensation, discrimination, any benefits, status as an officer, director or Agent of the Corporation, conflict of interest, or any other claim or dispute relating to or arising out of Indemnitee’s relationship with the Corporation. The underlying Disputes shall be fully and finally resolved through arbitration, including any right to permanent injunctive relief.

Mediation/Arbitration. (a) All disputes, claims or controversies arising out of or relating to this Agreement (collectively, “Disputes”) shall be submitted to non-binding mediation by either party to an impartial mediator, as agreed to by the parties, and appointed through JAMS in San Francisco, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator of JAMS in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association in San Francisco, California. Judgment on the award rendered by the arbitrator may be entered in any court in California. In the event that any Dispute between Indemnitee and the Corporation Bank should result in arbitration, the prevailing party in the Dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including, without limitation, reasonable attorneys’ fees, experts’ fees, and expenses. Each party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered to be confidential information, and shall be kept confidential by each party. (b) Indemnitee specifically acknowledges and understands that by agreeing to this provision, Indemnitee is waiving all rights to have his or her claims brought, investigated, and/or adjudicated by an administrative agency, or heard before a judge or jury. Indemnitee also understands that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have to make a claim, prepare his or her case, or investigate his or her claims. The claims include claims of any kind relating to Indemnitee’s relationship with the CorporationBank, including claims relating to compensation, discrimination, any benefits, status as an officer, director or Agent of the CorporationBank, conflict of interest, or any other claim or dispute relating to or arising out of Indemnitee’s relationship with the CorporationBank. The underlying Disputes shall be fully and finally resolved through arbitration, including any right to permanent injunctive relief.

Mediation/Arbitration. (a) All The parties already have executed an agreement releasing each other from any and all claims arising under the Original Supply Agreement. Any dispute claim or controversy, including Service Level disputes, claims or controversies concerning, arising out of of, or relating to this Agreement (collectivelyincluding, “Disputes”without limitation, any such dispute, claim or controversy concerning, arising out of, or relating to the making, performance or interpretation hereof) shall first be submitted to non-binding mediation by either party to an impartial mediator, as agreed to mediated by the parties. If the dispute, and appointed through JAMS claim or controversy is not settled by way of mediation, then the parties shall submit the same to binding arbitration in San FranciscoLos Angeles, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator of JAMS in accordance with the commercial arbitration rules then current Commercial Arbitration Rules obtaining of the American Arbitration Association in San FranciscoAssociation, California. Judgment and judgment or decree on the arbitration award rendered by or the arbitrator decision of the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) may award damages, interest, attorneys’ fees and litigation costs, and/or permanent injunctive relief, but in Californiano event shall the arbitrator have the authority to award punitive or exemplary damages. In The prevailing party, as determined by the event that any Dispute between Indemnitee and the Corporation should result in arbitrationarbitrator(s), the prevailing party in the Dispute shall be entitled to recover from all of its reasonable litigation fees and costs. Notwithstanding the other foregoing, a party all reasonable fees, costs and expenses may apply to a court of enforcing any right competent jurisdiction for relief in the form of the prevailing party, including, without limitation, reasonable attorneys’ fees, experts’ fees, and expenses. Each party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered to be confidential information, and shall be kept confidential by each party. (b) Indemnitee specifically acknowledges and understands that by agreeing to this provision, Indemnitee is waiving all rights to have his a temporary restraining order or her claims brought, investigated, and/or adjudicated by an administrative agencypreliminary injunction, or heard before other provisional remedy pending final determination of a judge or juryclaim through arbitration in accordance with this Section. Indemnitee also understands that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have to make a claim, prepare his or her case, or investigate his or her claims. The claims include claims If proper notice of any kind relating hearing has been given, the arbitrator will have full power to Indemnitee’s relationship with the Corporation, including claims relating proceed to compensation, discrimination, any benefits, status as an officer, director take evidence or Agent of the Corporation, conflict of interest, or to perform any other claim or dispute relating acts necessary to or arising out arbitrate the matter in the absence of Indemnitee’s relationship with the Corporationany party who fails to appear. The underlying Disputes shall be fully and finally resolved through arbitrationTHE PARTIES UNDERSTAND, including any right to permanent injunctive reliefACKNOWLEDGE AND AGREE THAT THEY ARE HEREBY WAIVING THEIR RESPECTIVE RIGHT TO A JURY TRIAL BY AGREEING TO SUBMIT ANY AND ALL DISPUTES TO FINAL AND BINDING ARBITRATION.

Mediation/Arbitration. (a) All disputesIn the event of a dispute concerning the subject matter of this Agreement, claims or controversies arising out of or relating the parties shall in good faith attempt to this Agreement (collectivelyresolve such dispute by negotiation between the parties’ principals, “Disputes”) or, if such negotiation is unsuccessful, by mediation conducted by a third-party mediator. If such mediation results in an impasse, the parties shall submit their dispute to binding arbitration. Such mediation or, if necessary, binding arbitration shall be submitted conducted pursuant to non-binding the mediation by either party to an impartial mediator, as agreed to by procedures or the parties, and appointed through JAMS in San Francisco, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding commercial arbitration before a single neutral arbitrator of JAMS in accordance with the then current Commercial Arbitration Rules rules of the American Arbitration Association Association. Any arbitration shall be conducted in San Francisco, Californiathe city in which Appraiser’s office as specified herein is located. Judgment on The parties shall share equally the award rendered by the arbitrator may be entered in costs of any court in Californiamediation. In the event that any Dispute between Indemnitee and the Corporation should result in of binding arbitration, the arbitrators shall, in addition to any relief appropriate to be awarded to the prevailing party, enter an award in favor of the prevailing party for that party’s costs of the arbitration, including the party’s reasonable attorneys’ fees and arbitration expenses incurred in prosecuting or defending the arbitration proceeding. Subject to the right of the prevailing party to recover its share of the costs of the arbitration services pursuant to the arbitrator’s award, the costs of the arbitration services shall be borne equally by the parties. If the prevailing party seeks judicial confirmation of any arbitration award entered pursuant to this Agreement, the court shall, in addition to any other appropriate relief, enter an award to the prevailing party in such confirmation proceeding for its reasonable attorneys’ fees and litigation expenses incurred in confirming or successfully opposing the Dispute confirmation of such an award. Neither party shall under any circumstances be entitled liable to recover from the other party all reasonable feesfor special, costs and expenses of enforcing any right of the prevailing partyexemplary, punitive or consequential damages, including, without limitation, reasonable attorneys’ feesloss of profits or damages proximately caused by loss of use of any property, experts’ feeswhether arising from either party’s negligence, and expenses. Each breach of the Agreement or otherwise, whether or not a party agrees that was advised, or knew, of the Dispute as mediated and/or arbitrated and the final resolution possibility of such Dispute shall be considered to be confidential information, and shall be kept confidential by each party. (b) Indemnitee specifically acknowledges and understands that by agreeing to this provision, Indemnitee is waiving all rights to have his or her claims brought, investigated, and/or adjudicated by an administrative agencydamages, or heard before a judge or jurysuch possibility was foreseeable by that party. Indemnitee also understands In no event shall Appraiser be liable to Client for any amounts that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be exceed the fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have paid by Client to make a claim, prepare his or her case, or investigate his or her claims. The claims include claims of any kind relating Appraiser pursuant to Indemnitee’s relationship with the Corporation, including claims relating to compensation, discrimination, any benefits, status as an officer, director or Agent of the Corporation, conflict of interest, or any other claim or dispute relating to or arising out of Indemnitee’s relationship with the Corporation. The underlying Disputes shall be fully and finally resolved through arbitration, including any right to permanent injunctive reliefthis Agreement.

Mediation/Arbitration. (a) All The parties already have executed an agreement releasing each other from any and all claims arising under the 1998 Supply Agreement. Any dispute claim or controversy, including Service Level disputes, claims concerning, arising out of, or controversies relating to this Agreement (including, without limitation, any such dispute, claim or controversy concerning, arising out of or relating to this Agreement (collectivelythe making, “Disputes”performance or interpretation hereof) shall first be submitted to non-binding mediation by either party to an impartial mediator, as agreed to mediated by the parties. If the dispute, and appointed through JAMS claim or controversy is not settled by way of mediation, then the parties shall submit the same to binding arbitration in San FranciscoLos Angeles, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator of JAMS in accordance with the commercial arbitration rules then current Commercial Arbitration Rules obtaining of the American Arbitration Association in San FranciscoAssociation, California. Judgment and judgment or decree on the arbitration award rendered by or the arbitrator decision of the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) may award damages, interest, attorneys’ fees and litigation costs, and/or permanent injunctive relief but in Californiano event shall the arbitrator have the authority to award punitive or exemplary damages. In The prevailing party, as determined by the event that any Dispute between Indemnitee and the Corporation should result in arbitrationarbitrator(s), the prevailing party in the Dispute shall be entitled to recover from all of its reasonable litigation fees and costs. Noting the other foregoing, a party all reasonable fees, costs and expenses may apply to a count of enforcing any right competent jurisdiction for relief in the form of the prevailing party, including, without limitation, reasonable attorneys’ fees, experts’ fees, and expenses. Each party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered to be confidential information, and shall be kept confidential by each party. (b) Indemnitee specifically acknowledges and understands that by agreeing to this provision, Indemnitee is waiving all rights to have his a temporary restraining order or her claims brought, investigated, and/or adjudicated by an administrative agencypreliminary injunction, or heard before other provisional remedy pending final determination of a judge or juryclaim through arbitration in accordance with this Section. Indemnitee also understands that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have to make a claim, prepare his or her case, or investigate his or her claims. The claims include claims If proper notice of any kind relating hearing has been given, the arbitrator will have full power to Indemnitee’s relationship with the Corporation, including claims relating proceed to compensation, discrimination, any benefits, status as an officer, director take evidence or Agent of the Corporation, conflict of interest, or to perform any other claim or dispute relating acts necessary to or arising out arbitrate the matter in the absence of Indemnitee’s relationship with the Corporationany party who fails to appear. The underlying Disputes shall be fully and finally resolved through arbitrationTHE PARTIES UNDERSTAND, including any right to permanent injunctive reliefACKNOWLEDGE AND AGREE THAT THEY ARE HEREBY WAIVING THEIR RESPECTIVE RIGHT TO A JURY TRIAL BY AGREEING TO SUBMIT ANY AND ALL DISPUTES TO FINAL AND BINDING ARBITRATION.

Mediation/Arbitration. (a) All disputes, claims or controversies arising out of or relating to this Agreement (collectively, “Disputes”) shall be submitted to non-binding mediation by either party to an impartial mediator, as agreed to by the parties, and appointed through JAMS American Arbitration Association (“AAA”) in San FranciscoSanta Ana, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator of JAMS AAA in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association AAA in San FranciscoSanta Ana, California. Judgment on the award rendered by the arbitrator may be entered in any court in California. In the event that any Dispute between Indemnitee and the Corporation should result in arbitration, the prevailing party in the Dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including, without limitation, reasonable attorneys’ fees, experts’ fees, and expenses. Each party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered to be confidential information, and shall be kept confidential by each party. (b) Indemnitee specifically acknowledges and understands that by agreeing to this provision, Indemnitee is waiving all rights to have his or her claims brought, investigated, and/or adjudicated by an administrative agency, or heard before a judge or jury. Indemnitee also understands that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have to make a claim, prepare his or her case, or investigate his or her claims. The claims include claims of any kind relating to Indemnitee’s relationship with the Corporation, including claims relating to compensation, discrimination, any benefits, status as an officer, director or Agent of the Corporation, conflict of interest, or any other claim or dispute relating to or arising out of Indemnitee’s relationship with the Corporation. The underlying Disputes shall be fully and finally resolved through arbitration, including any right to permanent injunctive relief.

Mediation/Arbitration. (a) All disputesIn the event of any dispute between the parties concerning the validity, claims interpretation, enforcement or controversies arising out breach of or relating to this Agreement or in any way related to Executive’s employment or any termination of such employment (collectivelyincluding any claims involving any officers, “Disputes”managers, directors, employees, shareholders or agents of the Company) excepting only any rights the parties may have to seek injunctive relief, the parties hereto agree to first attempt to resolve such dispute through mediation; provided, however, that before any such mediation regarding a breach of this Agreement, the complaining party shall give the other party notice of such alleged breach and a reasonable opportunity to cure. In the event that any such dispute cannot be resolved through mediation, the dispute shall be submitted to non-binding mediation by either party to an impartial mediator, as agreed to by the parties, and appointed through JAMS in San Francisco, California, for a good faith effort at resolution. The mediator shall review the Dispute within thirty (30) days of submission or at such other time provided the parties so agree. Any mediation fee shall be paid equally among the parties. Any Dispute which is not resolved through such mandatory mediation shall be settled by final and binding arbitration before a single neutral arbitrator of JAMS administered by JAMS/Endispute in Los Angeles, California in accordance with the then current Commercial existing JAMS/Endispute Arbitration Rules and Procedures for Employment Disputes. In the event of such an arbitration proceeding, the parties shall select a mutually acceptable neutral arbitrator from among the JAMS/Endispute panel of arbitrators. In the event the parties cannot agree on an arbitrator, the Administrator of JAMS/Endispute shall appoint an arbitrator. Neither party nor the arbitrator shall disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties, except as may be compelled by court order. Except as provided herein, the California Arbitration Act shall govern the interpretation and enforcement of such arbitration and all proceedings. The arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the American Arbitration Association state of California, or Federal law, or both, as applicable and the arbitrator is without jurisdiction to apply any different substantive law. The arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. The arbitrator shall render an award and a written, reasoned opinion in San Francisco, Californiasupport thereof. Judgment on upon the award rendered by the arbitrator may be entered in any court in Californiahaving jurisdiction thereof. In The parties intend this arbitration provision to be valid, enforceable, irrevocable and construed as broadly as possible. Pending the event that resolution of any Dispute dispute between Indemnitee and the Corporation should result in arbitrationparties, the prevailing party in the Dispute Company shall be entitled continue prompt payment of all amounts due to recover from the other party Executive under this Agreement and prompt provision of all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including, without limitation, reasonable attorneys’ fees, experts’ fees, and expenses. Each party agrees that the Dispute as mediated and/or arbitrated and the final resolution of such Dispute shall be considered benefits to be confidential information, and shall be kept confidential by each partywhich Executive is otherwise entitled. (b) Indemnitee specifically acknowledges and understands that Costs of arbitration shall be borne by agreeing to this provision, Indemnitee is waiving all rights to have his or her claims brought, investigated, and/or adjudicated by an administrative agency, or heard before a judge or jurythe Company. Indemnitee also understands that Indemnitee’s rights to discovery may be lesser or narrower in arbitration, that there may be Reasonable attorney fees and costs associated with mediation and/or arbitration that Indemnitee may not otherwise have, and that Indemnitee is waiving substantial time that Indemnitee might otherwise have to make a claim, prepare the reasonable fees and costs of any experts incurred by Executive shall be borne and paid by the Company if Executive prevails on any portion of his or her case, or investigate his or her claims. The claims include claims Such fees and costs incurred by Executive shall be paid by the Company in advance of the final disposition of such claims, as such fees are incurred, upon receipt of an undertaking by Executive to repay such amounts net of any kind relating income taxes paid or payable by Executive with respect to Indemnitee’s relationship with such amounts, if it is ultimately determined that he did not prevail on any portion of his claims. (c) Notwithstanding the Corporationforegoing provisions of this Section 12, including claims relating to compensation, discrimination, Executive and the Company agree that Executive or the Company may seek and obtain otherwise available injunctive relief in Court for any benefits, status as an officer, director violation of obligations concerning confidential information or Agent of the Corporation, conflict of interest, trade secrets that cannot adequately be remedied at law or any other claim or dispute relating to or arising out of Indemnitee’s relationship with the Corporation. The underlying Disputes shall be fully and finally resolved through in arbitration, including any right to permanent injunctive relief.