Obligation to Arbitrate. If any dispute, controversy or claim arises out of or relates to this Agreement, such dispute, controversy, or claim shall be settled by binding arbitration only, in accordance with the Rules of the American Arbitration Association (“AAA”) or legal principles and damages according to California Law, and shall be selected by and agreed upon by both parties. Judgment upon the arbitrator's award shall be entered in the jurisdiction thereof. The arbitrator shall determine which party is the prevailing party and shall include in the award, the prevailing party's actual attorney's fees and costs. The arbitrator shall have no authority to grant either punitive or consequential damages to any party. Nothing in this Article 7 shall prohibit or limit the right of the Bank to commence suit or other judicial proceedings seeking injunction or other equitable relief in the event of Executive's breach or threatened breach of any of his obligations under any of Sections 5 or 6 of this Agreement.
Obligation to Arbitrate. Any dispute or disagreement relating to this Agreement or any matter arising between Lessee and Xxxxxxxx Communications in connection with this Agreement which is not settled to the mutual satisfaction of Lessee and Xxxxxxxx Communications within 30 calendar days from the date that either party informs the other in writing that such dispute or disagreement exists, shall be settled by arbitration by a single arbitrator in Chicago, Illinois, in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect on the date that such notice is given. If the parties are unable to agree on a single arbitrator within fifteen calendar days, the American Arbitration Association shall select an arbitrator. The decision of the arbitrator shall be final and binding upon the parties and shall include written findings of law and fact, and judgment may be obtained thereon by either party in a court of competent jurisdiction. Each party shall bear the cost of preparing and presenting its own case. The cost of the arbitration, including the fees and expenses of the arbitrator, shall be shared equally by the parties unless the award otherwise provides.
Obligation to Arbitrate. Any dispute or disagreement relating to this Agreement or any matter arising between Customer and Provider in connection with this Agreement which is not settled to the mutual satisfaction of Customer and Provider within 30 calendar days from the date that either party informs the other in writing that such dispute or disagreement exists, shall be settled by arbitration by a single arbitrator in Chicago, Illinois, in accordance with the Commercial Arbitration Rules of the American Arbitration Association in effect on the date that such notice is given. If the parties are unable to agree on a single arbitrator within fifteen calendar days, the American Arbitration Association shall select an arbitrator. The decision of the arbitrator shall be final and binding upon the parties and shall include written findings of law and fact, and judgment may be obtained thereon by either party in a court of competent jurisdiction. Each party shall bear the cost of preparing and presenting its own case. The cost of the arbitration, including the fees and expenses of the arbitrator, shall be shared equally by the parties unless the award otherwise provides.
Obligation to Arbitrate. The parties hereto shall not be deemed to have agreed to determine any dispute arising out of this Lease by arbitration unless specifically provided for herein. In any case for which arbitration is specifically provided hereunder, the party desiring arbitration shall so notify the other party in writing and shall in such notice appoint a person as arbitrator on its behalf. Within ten (10) days after receipt of such notice, the other party by written notice to the original party shall appoint a second person as arbitrator on its behalf. The arbitrators thus appointed shall as promptly as possible determine such matter; provided however, that:
(i) If the second arbitrator shall not have been appointed within the ten-day period as aforesaid, the first arbitrator shall proceed to determine such matter and shall render its decision and award in writing within thirty (30) days after the expiration of said ten-day period.
(ii) If the two arbitrators are unable to agree within ten (10) days after the appointment of the second arbitrator, then they shall give written notice to the parties of their failure to agree, and the parties shall mutually appoint a third arbitrator. If the parties fail to agree upon the selection of such third arbitrator within ten (10) days after the arbitrators appointed by the parties give notice as aforesaid, then within five (5) days thereafter, either party may upon notice to the other party request such appointment by the American Arbitration Association (or any successor organization) or, in its failure or inability to act, may apply to a court of competent jurisdiction for a court appointment of a third arbitrator.
(iii) Within thirty (30) days after the appointment of the third arbitrator the arbitrators shall render their decision and award in writing, upon the concurrence of at least two of them. Such decision and award, or the decision and award of the single arbitrator as provided in subsection (a) hereof, shall be final and conclusive on the parties, and counterpart copies thereof shall be delivered to each of the parties. In rendering such decision and award, the arbitrator(s) shall not add to, subtract from or otherwise modify the provisions of this Lease. Judgment may be had on the decision and award of the arbitrators so rendered in any court of competent jurisdiction.
Obligation to Arbitrate. Any dispute between the parties relating to the interpretation and enforcement of their rights and obligations under this agreement shall be resolved solely by arbitration in accordance with the provisions of this section.
Obligation to Arbitrate. Any dispute between the parties relating to the interpretation and enforcement of their rights and obligations under this agreement shall be resolved solely by arbitration in accordance with the provisions of this section. BINDING ARBITRATION. Any dispute between the parties that is to be resolved by arbitration shall be settled and decided by arbitration conducted by the American Arbitration Association in accordance with the Commercial Arbitration Rules of the American Arbitration Association, as then in effect, except as provided below. Any such arbitration shall be held and conducted in Orange County, California before one arbitrator who shall be selected by mutual agreement of the parties; if agreement is not reached on the selection of an arbitrator within thirty (30) days, then such arbitrator shall be appointed by the presiding judge of the superior court of the county in which the arbitration is to be conducted.
Obligation to Arbitrate. Except as otherwise provided in the Operating Agreement, any dispute, controversy, or claim arising out of or relating in any way to the Operating Agreement will be settled by binding arbitration conducted in accordance with this Agreement, but the parties do not intend to be required to submit to arbitration the resolution of a Deadlock. However, either Member may arbitrate the questions of whether Deadlock has occurred, whether Booth Creek has unreasonably withheld, conditioned or delayed its approval of an action under Section 6.3, or whether Booth Creek has failed to act in good faith in withholding its approval of an action or decision under Section 6.4 of the Operating Agreement.
Obligation to Arbitrate. The Parties each agree that any material controversy or claim (a "Controversy" or "Controversies") as between or among the Stockholders and/or the Company (the "Covered Parties") arising out of or relating to this Agreement, the Stock Purchase Agreement or any other document or instrument executed pursuant to or made effective as a result of the foregoing agreements (collectively the "Governing Agreements"), or the breach thereof by any of the Covered Parties, shall be resolved or settled by arbitration in accordance with and governed by the provisions of the Texas General Arbitration Act, Articles 224 et. seq. of the Revised Civil Statutes of Texas, as such statutes may be amended or supplemented from time to time and any successor statutes (the "Arbitration Act"), except as the matters or scope of the provisions of such Arbitration Act are limited or modified by the provisions hereof. The arbitration proceedings shall be conducted according to the Commercial Arbitration Rules of the American Arbitration Association (the "Rules") except to the extent provided in this Agreement and except to the extent the Arbitration Act expressly requires a procedure or provides a remedy that cannot be modified or waived by agreement. If, for any reason, the Arbitration Act is held to be inapplicable to any such controversy or claim, the Federal Arbitration Act, 9 U.S.C. (S)1 et. seq., as such act may be amended or supplemented from time to time and any successor statute, shall apply except as limited or modified by the terms hereof; provided that the provisions of the Texas General Arbitration Act also apply to the extent that they are not in direct conflict with the Federal Arbitration Act. In such case, the term "Arbitration Act" as used herein shall be deemed to consist of the Federal Arbitration Act and such non-conflicting provisions of the Texas Arbitration Act. No claim, demand, challenge or cause of action may be asserted, whether in arbitration or in judicial proceedings, if the Governing Agreements require such claim, demand or challenge to be raised within a certain period and such claims have not been raised within such period. In addition, the arbitration provisions hereof shall not, unless the Parties otherwise consent in writing at the time the Controversy arises, apply with respect to an action to enforce the obligations of a Stockholder to reimburse another Stockholder for payment of amounts advanced on its behalf or the exercise of any remedies for a f...
Obligation to Arbitrate. All Disputes, to the extent not resolved by negotiation between the Parties, shall be resolved by arbitration in a consolidated arbitration involving all agreements and Parties relevant to the Dispute. Any Person that is a Party to any of the foregoing agreements shall have an absolute right to intervene in any such arbitration.
Obligation to Arbitrate. The Company and you mutually agree that any dispute or controversy arising out of, relating to, or in connection with this Agreement, or the interpretation, validity, construction, performance, breach, or termination thereof, your employment, or the termination of your employment, shall be settled by confidential and binding arbitration to be held in Santa Xxxxx County, California in accordance with the National Rules for the Resolution of Employment Disputes then in effect of the American Arbitration Association (the “Rules”); provided, however, that nothing in this Agreement is intended to prevent either you or the Company from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any arbitration, including seeking such injunctive relief in connection with breach or potential breach of the PIIA. Any such requests to court for injunctive relief shall be submitted to the state courts of California for the County of Santa Xxxxx. Subject to the foregoing, the arbitrator may grant additional injunctions or other relief in such dispute or controversy. The decision of the arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
