Mediation. If the Requesting Party selects mediation for dispute resolution: (i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3, the procedures in this Section 3.3 will control. (ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment finance or asset-backed securitization matters. (iii) The mediator will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. (iv) The expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation. (v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication.
Appears in 47 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2025-A), Sale and Servicing Agreement (CNH Equipment Trust 2025-A), Sale and Servicing Agreement (CNH Equipment Trust 2024-C)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(iA) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.33.02(c), the procedures in this Section 3.3 3.02(c) will control.
(iiB) A single mediator will be selected by the ADR Organization from a list of neutrals neutral mediators maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iiiC) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(ivD) The expenses Expenses of the mediation will be allocated to among the parties as mutually agreed by them as part of the mediation.
(vE) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.3 3.02(c) or to a court may seek adjudication of competent jurisdiction for adjudicationthe Repurchase Request in court.
Appears in 46 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2025-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2025-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-C)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.33.4, the procedures in this Section 3.3 3.4 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication3.4.
Appears in 34 contracts
Samples: Exchange Note Sale Agreement (Ford Credit Auto Lease Trust 2025-A), Exchange Note Sale Agreement (Ford Credit Auto Lease Trust 2025-A), Exchange Note Sale Agreement (Ford Credit Auto Lease Trust 2024-B)
Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3Section, the procedures in this Section 3.3 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudicationSection.
Appears in 30 contracts
Samples: Servicing Supplement (Mercedes-Benz Auto Lease Trust 2024-B), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2024-B), Servicing Supplement (Mercedes-Benz Auto Lease Trust 2024-A)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.32.6, the procedures in this Section 3.3 2.6 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation. .
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication2.6.
Appears in 28 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2020-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2020-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2020-A)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.32.6, the procedures in this Section 3.3 2.6 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication2.6.
Appears in 27 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2025-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2025-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2024-D)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(iA) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.33.02(c), the procedures in this Section 3.3 3.02(c) will control.
(iiB) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iiiC) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(ivD) The expenses Expenses of the mediation will be allocated to among the parties as mutually agreed by them as part of the mediation.
(vE) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 3.02(c) or to a court may seek adjudication of competent jurisdiction for adjudicationthe Repurchase Request in court.
Appears in 20 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2019-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2019-A)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(iA) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.32.3(d), the procedures in this Section 3.3 2.3(d) will control.
(iiB) A single mediator will be selected by the ADR Organization from a list of neutrals neutral mediators maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iiiC) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(ivD) The expenses Expenses of the mediation will be allocated to among the parties as mutually agreed by them as part of the mediation.
(vE) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to binding arbitration under this Section 3.3 2.3(d) or to a court may seek adjudication of competent jurisdiction for adjudicationthe Reallocation Request in court.
Appears in 14 contracts
Samples: Exchange Note Sale Agreement (World Omni LT), Exchange Note Sale Agreement (World Omni LT), Exchange Note Sale Agreement (World Omni LT)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(iA) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.32.3(d), the procedures in this Section 3.3 2.3(d) will control.
(iiB) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iiiC) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(ivD) The expenses Expenses of the mediation will be allocated to among the parties as mutually agreed by them as part of the mediation.
(vE) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to arbitration under this Section 3.3 2.3(d) or to a court may seek adjudication of competent jurisdiction for adjudicationthe Reallocation Request in court.
Appears in 12 contracts
Samples: Exchange Note Sale Agreement (World Omni Automobile Lease Securitization Trust 2019-B), Exchange Note Sale Agreement (World Omni Automobile Lease Securitization Trust 2019-B), Exchange Note Sale Agreement (World Omni Automobile Lease Securitization Trust 2019-A)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.32.12, the procedures in this Section 3.3 2.12 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment commercial finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication2.12.
Appears in 8 contracts
Samples: Dispute Resolution Supplement (Ford Credit Floorplan LLC), Dispute Resolution Supplement (Ford Credit Floorplan LLC), Dispute Resolution Supplement (Ford Credit Floorplan LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3Section, the procedures in this Section 3.3 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudicationSection.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (California Republic Auto Receivables Trust 2017-1), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2017-1), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2016-2)
Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. HoweverIf, if however, any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3Section, the procedures in this Section 3.3 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudicationSection.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2020-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2020-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2019-1)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.33.4, the procedures in this Section 3.3 3.4 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication3.4.
Appears in 5 contracts
Samples: Exchange Note Sale Agreement (CAB East LLC), Exchange Note Sale Agreement (CAB West LLC), Exchange Note Sale Agreement (CAB East LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.32.6, the procedures in this Section 3.3 2.6 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation. .
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication2.6.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.32.12, the procedures in this Section 3.3 2.12 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment commercial finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication2.12.
Appears in 4 contracts
Samples: Dispute Resolution Supplement (Ford Credit Floorplan LLC), Dispute Resolution Supplement (Ford Credit Floorplan LLC), Dispute Resolution Supplement (Ford Credit Floorplan Corp)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3Section, the procedures in this Section 3.3 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudicationSection.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Funding LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.32.6, the procedures in this Section 3.3 2.6 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication2.6.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)
Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. HoweverIf, if however, any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3Section, the procedures in this Section 3.3 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudicationSection.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2018-1), Sale and Servicing Agreement (California Republic Auto Receivables Trust 2018-1)
Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However.
(ii) If, if however, any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3Section, the procedures in this Section 3.3 will control.
(iiiii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iiiiv) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(ivv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(vvi) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudicationSection.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Daimler Trucks Retail Receivables LLC), Sale and Servicing Agreement (Daimler Trucks Retail Receivables LLC), Sale and Servicing Agreement (Daimler Retail Receivables LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3, the procedures in this Section 3.3 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment finance or asset-backed securitization matters.
(iii) The mediator will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(iv) The expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC), Sale and Servicing Agreement (CNH Capital Receivables LLC), Sale and Servicing Agreement (CNH Capital Receivables LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(iA) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.33.02(c), the procedures in this Section 3.3 3.02(c) will control.
(iiB) A single mediator will be selected by the ADR Organization from a list of neutrals neutral mediators maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iiiC) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(ivD) The expenses Expenses of the mediation will be allocated to among the parties as mutually agreed by them as part of the mediation.
(vE) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to binding arbitration under this Section 3.3 3.02(c) or to a court may seek adjudication of competent jurisdiction for adjudicationthe Repurchase Request in court.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(iA) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.33.02(c), the procedures in this Section 3.3 3.02(c) will control.
(iiB) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iiiC) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(ivD) The expenses Expenses of the mediation will be allocated to among the parties as mutually agreed by them as part of the mediation.
(vE) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 3.02(c) or to a court may seek adjudication of competent jurisdiction for adjudicationthe Repurchase Request in court.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(iA) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.32.3(d), the procedures in this Section 3.3 2.3(d) will control.
(iiB) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iiiC) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(ivD) The expenses Expenses of the mediation will be allocated to among the parties as mutually agreed by them as part of the mediation.
(vE) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to arbitration under this Section 3.3 2.3(d) or to a court may seek adjudication of competent jurisdiction for adjudicationthe Reallocation Request in court.
Appears in 2 contracts
Samples: Exchange Note Sale Agreement (World Omni LT), Exchange Note Sale Agreement (World Omni LT)
Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3Section, the procedures in this Section 3.3 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 days after the selection of the mediator and conclude within 30 days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudicationSection.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2016-1), Sale and Servicing Agreement (Mercedes-Benz Auto Receivables Trust 2016-1)
Mediation. If the Requesting Party selects mediation (including non-binding arbitration) for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. HoweverIf, if however, any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3Section, the procedures in this Section 3.3 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudicationSection.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Daimler Retail Receivables LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3Section, the procedures in this Section 3.3 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(iv) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Reallocation Request to arbitration under this Section 3.3 or may commence legal proceedings to a court of competent jurisdiction for adjudicationresolve the dispute.
Appears in 1 contract
Samples: Servicing Supplement (Daimler Trust)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.3, the procedures in this Section 3.3 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment finance or asset-backed securitization matters.
(iii) The mediator will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(iv) The expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication3.3.
Appears in 1 contract
Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(i) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.32.6, the procedures in this Section 3.3 2.6 will control.
(ii) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iii) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation. .
(iv) The expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(v) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 or to a court of competent jurisdiction for adjudication2.6.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)
Mediation. If the Requesting Party selects mediation for dispute resolution:
(iA) The mediation will be administered by the ADR Organization using its ADR Rules. However, if any ADR Rules are inconsistent with the procedures for mediation stated in this Section 3.33.02(c), the procedures in this Section 3.3 3.02(c) will control.
(iiB) A single mediator will be selected by the ADR Organization from a list of neutrals maintained by it according to the ADR Rules. The mediator must be impartial, an attorney admitted to practice in the State of New York and have at least 15 [15] years of experience specializing in commercial litigation and, if possible, equipment consumer finance or asset-backed securitization matters.
(iiiC) The mediator mediation will start within 15 [15] days after the selection of the mediator and conclude within 30 [30] days after the start of the mediation.
(ivD) The expenses Expenses of the mediation will be allocated to the parties as mutually agreed by them as part of the mediation.
(vE) If the parties fail to agree at the completion of the mediation, the Requesting Party may refer the Repurchase Request to arbitration under this Section 3.3 3.02(c) or to a court may seek adjudication of competent jurisdiction for adjudicationthe Repurchase Request in court.
Appears in 1 contract
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC)