Common use of Mediation Clause in Contracts

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 days of the acknowledgement of the notice set forth in Section 2.4(d)(i); provided, that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the ADR Facilitator; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by the ADR Facilitator in accordance with ADR Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 Business Days following selection of a mediator, and shall conclude within 30 days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 days of the acknowledgement of the notice set forth in Section 2.4(d)(i2.04(c)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the ADR FacilitatorAAA; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by the ADR Facilitator AAA in accordance with ADR AAA Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 Business Days following selection of a mediator, and shall conclude within 30 days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR AAA Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv2.04(c)(iv) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 days of the acknowledgement of the notice set forth in Section 2.4(d)(i3.1(d)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the ADR FacilitatorAAA; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by the ADR Facilitator AAA in accordance with ADR AAA Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 Business Days following selection of a mediator, and shall conclude within 30 days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR AAA Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv3.1(d)(iv) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 days of the acknowledgement of the notice set forth in Section 2.4(d)(i2.05(c)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the ADR FacilitatorAAA; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by the ADR Facilitator AAA in accordance with ADR AAA Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 Business Days following selection of a mediator, and shall conclude within 30 days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR AAA Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv2.05(c)(iv) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 [15] days of the acknowledgement of the notice set forth in Section 2.4(d)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by [the ADR Facilitator]; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 [15] years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by [the ADR Facilitator Facilitator] in accordance with [ADR Rules Rules] for appointment of a mediator. (2) The Mediation shall commence no later than 15 [15] Business Days following selection of a mediator, and shall conclude within 30 [30] days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with [ADR Rules]. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediationmediation, the following provisions shall apply: (1i) The Depositor Seller and the Requesting Party shall agree on a neutral mediator within 15 days of the acknowledgement of the notice set forth in Section 2.4(d)(i3.2(a); provided, provided that the mediator shall satisfy each of the following conditions: a. (A) the mediator shall be selected from a list of neutral mediators maintained by the ADR FacilitatorAAA; b. (B) the mediator shall be an attorney admitted to practice law in the State of New York; and c. (C) the mediator shall be an attorney specializing in commercial litigation with at least 15 fifteen (15) years of experience; provided, however, that if the Depositor Seller and the Requesting Party do not agree on a mediator, a mediator shall be selected by the ADR Facilitator AAA in accordance with ADR AAA Rules for appointment of a mediator. (2ii) The Mediation mediation shall commence no later than 15 fifteen (15) Business Days following selection of a mediator, and shall conclude within 30 thirty (30) days of the start of Mediationmediation. (3iii) The Depositor Seller and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediationmediation; provided, however, that if the Depositor Seller and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR AAA Rules. (4iv) If the Depositor Seller and the Requesting Party fail to agree at the completion of the Mediationmediation, the Requesting Party may submit the Repurchase Request to Arbitration arbitration in accordance with Section 2.4(d)(iv3.2(d) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 [15] days of the acknowledgement of the notice set forth in Section 2.4(d)(i2.04(c)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the [AAA][FINRA][JAMS][the ADR Facilitator]; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 [15] years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by [AAA] [FINRA] [JAMS] [the ADR Facilitator Facilitator] in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 [15] Business Days following selection of a mediator, and shall conclude within 30 [30] days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv2.04(c)(iv) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 [15] days of the acknowledgement of the notice set forth in Section 2.4(d)(i3.1(d)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the [AAA][FINRA][JAMS][the ADR Facilitator]; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 [15] years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by [AAA] [FINRA] [JAMS] [the ADR Facilitator Facilitator] in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 [15] Business Days following selection of a mediator, and shall conclude within 30 [30] days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv3.1(d)(iv) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 [15] days of the acknowledgement of the notice set forth in Section 2.4(d)(i2.05(c)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the [AAA][FINRA][JAMS][the ADR Facilitator]; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 [15] years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by [AAA] [FINRA] [JAMS] [the ADR Facilitator Facilitator] in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 [15] Business Days following selection of a mediator, and shall conclude within 30 [30] days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv2.05(c)(iv) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1i) The Depositor Seller and the Requesting Party shall agree on a neutral mediator within 15 days of the acknowledgement of the notice set forth in Section 2.4(d)(i3.2(a); provided, provided that the mediator shall satisfy each of the following conditions: a. (A) the mediator shall be selected from a list of neutral mediators maintained by the ADR FacilitatorAAA; b. (B) the mediator shall be an attorney admitted to practice law in the State of New York; and c. (C) the mediator shall be an attorney specializing in commercial litigation with at least 15 fifteen (15) years of experience; provided, however, that if the Depositor Seller and the Requesting Party do not agree on a mediator, a mediator shall be selected by the ADR Facilitator AAA in accordance with ADR AAA Rules for appointment of a mediator. (2ii) The Mediation shall commence no later than 15 fifteen (15) Business Days following selection of a mediator, and shall conclude within 30 thirty (30) days of the start of Mediation. (3iii) The Depositor Seller and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor Seller and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR AAA Rules. (4iv) If the Depositor Seller and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv3.2(d) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 days of the acknowledgement of the notice set forth in Section 2.4(d)(i2.04(c)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the ADR FacilitatorAAA; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by the ADR Facilitator AAA in accordance with ADR AAA Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 Business Days following selection of a mediator, and shall conclude within 30 days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR AAA Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv2.04(c)(iv) or may seek adjudication of the Repurchase Request in court.. 5 Trust Sale Agreement (AART 2022-2)

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 days of the acknowledgement of the notice set forth in Section 2.4(d)(i2.04(c)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the ADR FacilitatorAAA; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by the ADR Facilitator AAA in accordance with ADR AAA Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 Business Days following selection of a mediator, and shall conclude within 30 days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR AAA Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv2.04(c)(iv) or may seek adjudication of the Repurchase Request in court.. Trust Sale Agreement (AART 2022-1)

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 [15] days of the acknowledgement of the notice set forth in Section 2.4(d)(i2.04(c)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the [AAA][FINRA][JAMS][the ADR Facilitator]; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 [15] years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by [AAA] [FINRA] [JAMS] [the ADR Facilitator Facilitator] in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 [15] Business Days following selection of a mediator, and shall conclude within 30 [30] days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv) or may seek adjudication of the Repurchase Request in court2.04(c)(iv).

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 [15] days of the acknowledgement of the notice set forth in Section 2.4(d)(i2.04(e)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the [AAA][FINRA][JAMS][the ADR Facilitator]; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 [15] years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by [AAA] [FINRA] [JAMS] [the ADR Facilitator Facilitator] in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 [15] Business Days following selection of a mediator, and shall conclude within 30 [30] days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv2.04(e)(iv) or may seek adjudication of the Repurchase Request in court.

Mediation. If the Requesting Party chooses to refer the Repurchase Request to Mediation, the following provisions shall apply: (1) The Depositor and the Requesting Party shall agree on a neutral mediator within 15 [15] days of the acknowledgement of the notice set forth in Section 2.4(d)(i2.04(c)(i); provided, provided that the mediator shall satisfy each of the following conditions: a. the mediator shall be selected from a list of neutral mediators maintained by the [AAA][FINRA][JAMS][the ADR Facilitator]; b. the mediator shall be an attorney admitted to practice law in the State of New York; and c. the mediator shall be an attorney specializing in commercial litigation with at least 15 [15] years of experience; provided, however, that if the Depositor and the Requesting Party do not agree on a mediator, a mediator shall be selected by [AAA] [FINRA] [JAMS] [the ADR Facilitator Facilitator] in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules for appointment of a mediator. (2) The Mediation shall commence no later than 15 [10] Business Days following selection of a mediator, and shall conclude within 30 [60] days of the start of Mediation. (3) The Depositor and the Requesting Party shall mutually agree upon the allocation of the expenses incurred in connection with the Mediation; provided, however, that if the Depositor and the Requesting Party do not agree on the allocation of expenses, the expenses shall be determined in accordance with ADR [AAA] [FINRA] [JAMS] [ADR] Rules. (4) If the Depositor and the Requesting Party fail to agree at the completion of the Mediation, the Requesting Party may submit the Repurchase Request to Arbitration in accordance with Section 2.4(d)(iv) or may seek adjudication of the Repurchase Request in court2.04(c)(iv).