Common use of Non-Expedited Arbitration Clause in Contracts

Non-Expedited Arbitration. Individual Disputes involving claims or requesting payments in an amount over $1,000,000 and multiple Disputes involving claims or requesting payments in an amount over $5,000,000 that are not resolved under Section 18.3, within ten Business Days of the first meeting of the Senior Executives (or if the Senior Executives fail to meet within the applicable period required by Section 18.3, the last day on which the Senior Executives were required by Section 18.3 to meet), shall be resolved by binding arbitration by the Independent Arbitrator in accordance with this Section 18.4(b). Selection of the Independent Arbitrator shall commence upon a Party giving notice to the other Party of its election to so initiate arbitration proceedings. Lessor and Lessee shall each select one Arbitrator and provide notice thereof to the other Party and the PSCW, provided, however, that for so long as Lessee is an Affiliate of Lessor, the PSCW shall have 30 days from receipt of Lessee’s notice to provide Lessee written notice that it does not approve of Lessee’s selected Arbitrator and the name of an Arbitrator acceptable to the PSCW. The two Arbitrators shall promptly meet and select a third Arbitrator (the “Independent Arbitrator”) who shall preside over the arbitral proceedings pursuant to this Section 18.4(b); provided, however, that if such Dispute is a Technical Dispute, the two Arbitrators selected by or on behalf of Lessor and Lessee shall choose the Independent Arbitrator from the list of Arbitrators approved by the American Arbitration Association. Should the two Arbitrators fail, within five Business Days of meeting, to reach agreement on the Independent Arbitrator, then the Independent Arbitrator shall be selected pursuant to the Commercial Arbitration Rules. Except as otherwise expressly set forth herein to the contrary, the arbitration shall be conducted in Wisconsin in accordance with the Commercial Arbitration Rules then in force and effect, including the Optional Rules for Emergency Measures of Protection. All Disputes between Lessor and Lessee that arise under or in connection with one or more Lease Documents may be brought in a single arbitration. In order to facilitate the comprehensive resolution of related disputes, and upon the request of either Party to the arbitration proceeding, the Independent Arbitrator shall consolidate the arbitration proceeding brought under this Facility Lease with any other arbitration proceeding involving the Parties relating to this Facility Lease or any other Lease Document if the Independent Arbitrator determines (A) there are issues of fact or law common to the proceeding, so that a consolidated proceeding would be more efficient than separate proceedings and (B) no Party would be prejudiced as a result of such consolidation through undue delay or otherwise.

Non-Expedited Arbitration. Individual Disputes involving claims or requesting payments in an amount over one million Dollars ($1,000,000 1,000,000) and multiple Aggregated Disputes involving claims or requesting payments in an amount over five million Dollars ($5,000,000 5,000,000) that are not resolved under Section 18.320.3, within ten (10) Business Days of the first meeting of the Senior Executives (or if the Senior Executives fail to meet within the applicable period required by Section 18.320.3, the last day on which the Senior Executives were required by Section 18.3 20.3 to meet), shall be resolved by binding arbitration by the Independent Arbitrator in accordance with this Section 18.4(b20.4(b). Selection of the Independent Arbitrator shall commence upon a Party giving notice to the other Party of its election to so initiate arbitration proceedings. Lessor and Lessee shall each select one (1) Arbitrator and provide notice thereof to the other Party and the PSCW, provided, however, that for so long as Lessee is an Affiliate of Lessor, the PSCW shall have 30 thirty (30) days from receipt of Lessee’s notice to provide Lessee written notice that it does not approve of Lessee’s selected Arbitrator and the name of an Arbitrator acceptable to the PSCW. The two Arbitrators shall promptly meet and select a third Arbitrator (the “Independent Arbitrator”) who shall preside over the arbitral proceedings pursuant to this Section 18.4(b20.4(b); provided, however, that if such Dispute is a Technical Dispute, the two Arbitrators selected by or on behalf of Lessor and Lessee shall choose the Independent Arbitrator from the list of Arbitrators approved by the American Arbitration Association. Should the two Arbitrators fail, within five (5) Business Days of meeting, to reach agreement on the Independent Arbitrator, then the Independent Arbitrator shall be selected pursuant to the Commercial Arbitration Rules. Except as otherwise expressly set forth herein to the contrary, the arbitration shall be conducted in Wisconsin in accordance with the Commercial Arbitration Rules then in force and effect, including the Optional Rules for Emergency Measures of Protection. All Disputes between among Lessor and Lessee that arise under or in connection with one or more Lease Documents may be brought in a single arbitration. In order to facilitate the comprehensive resolution of related disputes, and upon the request of either Party to the arbitration proceeding, the Independent Arbitrator shall consolidate the arbitration proceeding brought under this Facility Lease with any other arbitration proceeding involving the Parties relating to this Facility Lease or any other Lease Document if the Independent Arbitrator determines (A) there are issues of fact or law common to the proceeding, so that a consolidated proceeding would be more efficient than separate proceedings and (B) no Party would be prejudiced as a result of such consolidation through undue delay or otherwise.

Non-Expedited Arbitration. Individual Disputes involving claims or requesting payments in an amount over one million Dollars ($1,000,000 1,000,000) and multiple Aggregated Disputes involving claims or requesting payments in an amount over five million Dollars ($5,000,000 5,000,000) that are not resolved under Section 18.320.3, within ten (10) Business Days of the first meeting of the Senior Executives (or if the Senior Executives fail to meet within the applicable period required by Section 18.320.3, the last day on which the Senior Executives were required by Section 18.3 20.3 to meet), shall be resolved by binding arbitration by the Independent Arbitrator in accordance with this Section 18.4(b20.4(b). Selection of the Independent Arbitrator shall commence upon a Party giving notice to the other Party of its election to so initiate arbitration proceedings. Lessor and Lessee shall each select one (1) Arbitrator and provide notice thereof to the other Party and the PSCW, provided, however, that for so long as Lessee is an Affiliate of Lessor, the PSCW shall have 30 thirty (30) days from receipt of Lessee’s 's notice to provide Lessee written notice that it does not approve of Lessee’s 's selected Arbitrator and the name of an Arbitrator acceptable to the PSCW. The two Arbitrators shall promptly meet and select a third Arbitrator (the “"Independent Arbitrator”") who shall preside over the arbitral proceedings pursuant to this Section 18.4(b20.4(b); provided, however, that if such Dispute is a Technical Dispute, the two Arbitrators selected by or on behalf of Lessor and Lessee shall choose the Independent Arbitrator from the list of Arbitrators approved by the American Arbitration AssociationInternational Gas Turbine Institute. Should the two Arbitrators fail, within five (5) Business Days of meeting, to reach agreement on the Independent Arbitrator, then the Independent Arbitrator shall be selected pursuant to the Commercial Arbitration Rules. Except as otherwise expressly set forth herein to the contrary, the arbitration shall be conducted in Wisconsin in accordance with the Commercial Arbitration Rules then in force and effect, including the Optional Rules for Emergency Measures of Protection. All Disputes between among Lessor and Lessee that arise under or in connection with one or more Lease Documents may be brought in a single arbitration. In order to facilitate the comprehensive resolution of related disputes, and upon the request of either Party to the arbitration proceeding, the Independent Arbitrator shall consolidate the arbitration proceeding brought under this Facility Lease with any other arbitration proceeding involving the Parties relating to this Facility Lease or any other Lease Document if the Independent Arbitrator determines (A) there are issues of fact or law common to the proceeding, so that a consolidated proceeding would be more efficient than separate proceedings and (B) no Party would be prejudiced as a result of such consolidation through undue delay or otherwise.

Non-Expedited Arbitration. Individual Disputes involving claims or requesting payments in an amount over $1,000,000 and multiple Disputes involving claims or requesting payments in an amount over $5,000,000 that are not resolved under Section 18.3, within ten Business Days of the first meeting of the Senior Executives (or if the Senior Executives fail to meet within the applicable period required by Section 18.3, the last day on which the Senior Executives were required by Section 18.3 to meet), shall be resolved by binding arbitration by the Independent Arbitrator in accordance with this Section 18.4(b). Selection of the Independent Arbitrator shall commence upon a Party giving notice to the other Party of its election to so initiate arbitration proceedings. Lessor and Lessee shall each select one Arbitrator and provide notice thereof to the other Party and the PSCW, provided, however, that for so long as Lessee is an Affiliate of Lessor, the PSCW shall have 30 days from receipt of Lessee’s notice to provide Lessee written notice that it does not approve of Lessee’s selected Arbitrator and the name of an Arbitrator acceptable to the PSCW. The two Arbitrators shall promptly meet and select a third Arbitrator (the “Independent Arbitrator”) who shall preside over the arbitral proceedings pursuant to this Section 18.4(b); provided, however, that if such Dispute is a Technical Dispute, the two Arbitrators selected by or on behalf of Lessor and Lessee shall choose the Independent Arbitrator from the list of Arbitrators approved by the American Arbitration AssociationInternational Gas Turbine Institute. Should the two Arbitrators fail, within five Business Days of meeting, to reach agreement on the Independent Arbitrator, then the Independent Arbitrator shall be selected pursuant to the Commercial Arbitration Rules. Except as otherwise expressly set forth herein to the contrary, the arbitration shall be conducted in Wisconsin in accordance with the Commercial Arbitration Rules then in force and effect, including the Optional Rules for Emergency Measures of Protection. All Disputes between Lessor and Lessee that arise under or in connection with one or more Lease Documents may be brought in a single arbitration. In order to facilitate the comprehensive resolution of related disputes, and upon the request of either Party to the arbitration proceeding, the Independent Arbitrator shall consolidate the arbitration proceeding brought under this Facility Lease with any other arbitration proceeding involving the Parties relating to this Facility Lease or any other Lease Document if the Independent Arbitrator determines (A) there are issues of fact or law common to the proceeding, so that a consolidated proceeding would be more efficient than separate proceedings and (B) no Party would be prejudiced as a result of such consolidation through undue delay or otherwise.