Common use of Procedure for Arbitration Clause in Contracts

Procedure for Arbitration. Except as provided in Section 8.2 below, any dispute, claim or controversy arising out of or in connection with this Agreement which has not been settled through negotiation within a period of thirty (30) day after the date on which either party shall first have notified the other party in writing of the existence of a dispute shall be settled by final and binding arbitration under the then-applicable Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any such arbitration shall be conducted by one (1) neutral arbitrator appointed by mutual agreement of the parties or, failing such agreement, in accordance with said Rules. Such arbitrator shall be an experienced attorney with a background in employment law. Any such arbitration shall be conducted in St. Xxxx, Minnesota. An arbitral award may be enforced in any court of competent jurisdiction. Notwithstanding any contrary provision in the AAA Rules, the following additional procedures and rules shall apply to any such arbitration: (a) Each party shall have the right to request from the arbitrator, and the arbitrator shall order upon good cause shown, reasonable and limited pre-hearing discovery, including (i) exchange of witness lists, (ii) depositions under oath of named witnesses at a mutually convenient location, (iii) written interrogatories, and (iv) document requests. (b) Upon conclusion of the pre-hearing discovery, the arbitrator shall promptly hold a hearing upon the evidence to be adduced by the parties and shall promptly render a written opinion and award. (c) The arbitrator shall adhere strictly to the sole and exclusive remedies set forth in Article 4.0 above and may not award or assess punitive damages against either party. (d) Each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs of the arbitrator, subject to the power of the arbitrator, in his or her sold discretion, to award all such reasonable costs, expenses and fees to the prevailing party.

Procedure for Arbitration. Except as provided in Section 8.2 below, any dispute, claim or controversy arising out of or in connection with this Agreement which has not been settled through negotiation within a period of thirty (30) day after the date on which either party shall first have notified the other party in writing of the existence of a dispute shall be settled by final and binding arbitration under the then-applicable Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any such arbitration shall be conducted by one (1) neutral arbitrator appointed by mutual agreement of the parties or, failing such agreement, in accordance with said Rules. Such arbitrator shall be an experienced attorney with a background in employment law. Any such arbitration shall be conducted in St. XxxxPaul, Minnesota. An arbitral award xxxrd may be enforced in any court of competent jurisdiction. Notwithstanding any contrary provision in the AAA Rules, the following additional procedures and rules shall apply to any such arbitration: (a) Each party shall have the right to request from the arbitrator, and the arbitrator shall order upon good cause shown, reasonable and limited pre-hearing discovery, including (i) exchange of witness lists, (ii) depositions under oath of named witnesses at a mutually convenient location, (iii) written interrogatories, and (iv) document requests. (b) Upon conclusion of the pre-hearing discovery, the arbitrator shall promptly hold a hearing upon the evidence to be adduced by the parties and shall promptly render a written opinion and award. (c) The arbitrator shall adhere strictly to the sole and exclusive remedies set forth in Article 4.0 above and may not award or assess punitive damages against either party. (d) Each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs of the arbitrator, subject to the power of the arbitrator, in his or her sold discretion, to award all such reasonable costs, expenses and fees to the prevailing party.

Procedure for Arbitration. Except as provided in Section 8.2 below, any dispute, claim or controversy arising out of or in connection with this Agreement which has not been settled through negotiation within a period of thirty (30) day days after the date on which either party shall first have notified the other party in writing of the existence of a dispute shall be settled by final and binding arbitration under the then-applicable Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any such arbitration shall be conducted by one (1) neutral arbitrator appointed by mutual agreement of the parties or, failing such agreement, in accordance with said Rules. Such arbitrator shall be an experienced attorney with a background in employment law. Any such arbitration shall be conducted in St. Xxxx, Minnesota. An arbitral award may be enforced in any court of competent jurisdiction. Notwithstanding any contrary provision in the AAA Rules, the following additional procedures and rules shall apply to any such arbitration: (a) Each party shall have the right to request from the arbitrator, and the arbitrator shall order upon good cause shown, reasonable and limited pre-hearing prehearing discovery, including (i) exchange of witness lists, (ii) depositions under oath of named witnesses at a mutually convenient location, (iii) written interrogatories, and (iv) document requests. (b) Upon conclusion of the pre-hearing discovery, the arbitrator shall promptly hold a hearing upon the evidence to be adduced by the parties and shall promptly render a written opinion and award. (c) The arbitrator shall adhere strictly to the sole and exclusive remedies set forth in Article 4.0 above and may not award or assess punitive damages against either party. (d) Each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs of the arbitrator, subject to the power of the arbitrator, in his or her sold sole discretion, to award all such reasonable costs, expenses and fees to the prevailing party.

Procedure for Arbitration. Except as provided in Section 8.2 below18.2 above, any dispute, claim or controversy arising out of or in connection with this Agreement which has not been settled through negotiation within a period of thirty (30) day days after the date on which either party shall first have notified the other party in writing of the existence of a dispute shall be settled by final and binding arbitration under the then-applicable Commercial Arbitration Rules of the American Arbitration Association ("“AAA"”). Any such arbitration shall be conducted by one three (13) neutral arbitrator arbitrators appointed by mutual agreement of the parties or, failing such agreement, in accordance with said Rules. Such At least one (1) arbitrator shall be an experienced computer software professional, and at least one (1) arbitrator shall be an experienced business attorney with a background in employment lawthe licensing and distribution of computer software. Any such arbitration shall be conducted in St. XxxxChicago, MinnesotaIllinois in the English language. An arbitral award may be enforced in any court of competent jurisdiction. Notwithstanding any contrary provision in the AAA Rules, the following additional procedures and rules shall apply to any such arbitration: (a) Each party shall have the right to request from the arbitratorarbitrators, and the arbitrator arbitrators shall order upon good cause shown, reasonable and limited pre-hearing discovery, including (i) exchange of witness lists, (ii) depositions under oath of named witnesses at a mutually convenient location, (iii) written interrogatories, interrogatories and (iv) document requests. (b) Upon conclusion of the pre-hearing discovery, the arbitrator arbitrators shall promptly hold a hearing upon the evidence to be adduced by the parties and shall promptly render a written opinion and award. (c) The arbitrator shall adhere strictly to the sole and exclusive remedies set forth in Article 4.0 above and arbitrators may not award or assess punitive damages against either party. (d) Each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs of the arbitratorarbitrators, subject to the power of the arbitratorarbitrators, in his or her sold their sole discretion, to award all such reasonable costs, expenses and fees to the prevailing party.

Procedure for Arbitration. Except as provided in Section 8.2 below11.2, any dispute, claim or controversy arising out of or in connection with this Agreement which has not been settled through negotiation within a period of thirty (30) day days after the date on which either party shall first have notified the other party in writing of the existence of a dispute dispute, shall be settled by final and binding arbitration under the then-then applicable Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any such arbitration shall be conducted by one three (13) neutral arbitrator arbitrators appointed by mutual agreement of the parties or, failing such agreement, in accordance with said AAA Rules. Such At least one (1) arbitrator shall be an experienced industry professional and at least one (1) arbitrator shall be an experienced business attorney with a background in employment lawthe licensing and distribution of similar products. Any such arbitration shall be conducted in St. XxxxOmaha, Minnesota. Nebraska, U.S. A. An arbitral award may be enforced in any court of competent jurisdiction. Notwithstanding any contrary provision in the AAA Rules, the following additional procedures and rules shall apply to any such arbitration: (a) Each party shall have the right to request from the arbitratorarbitrators, and the arbitrator arbitrators shall order upon good cause shown, reasonable and limited pre-hearing discovery, including (ia) exchange of witness lists, (iib) depositions under oath of named witnesses at a mutually convenient location, (iiic) written interrogatories, and (ivd) document requests. (b) Upon conclusion of the pre-hearing discovery, the arbitrator arbitrators shall promptly hold a hearing upon the evidence to be adduced by the parties and shall promptly render a written opinion and award. (c) The arbitrator shall adhere strictly to the sole and exclusive remedies set forth in Article 4.0 above and arbitrators may not award or assess punitive damages against either party. (d) Each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs of the arbitratorarbitrators, subject to the power of the arbitratorarbitrators, in his or her sold their sole discretion, to award all such reasonable costs, expenses and fees to the prevailing party.

Procedure for Arbitration. Except as provided in Section 8.2 below, any Any dispute, claim or controversy arising out within the scope of or in connection with this Agreement Section 7.1 which has not been settled through negotiation within a period of thirty (30) day days after the date on which either party shall first have notified the other party in writing of the existence of a dispute shall be settled by final and binding arbitration under the then-applicable Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any such arbitration shall be conducted by one (1) neutral arbitrator appointed by mutual agreement of the parties or, failing such agreement, in accordance with said Rules. Such arbitrator shall be an experienced attorney with a background in employment law. Any such arbitration shall be conducted in St. XxxxMinneapolis, Minnesota. An arbitral award may be enforced in any court of competent jurisdiction. Notwithstanding any contrary provision in the AAA Rules, the following additional procedures and rules shall apply to any such arbitration: (a) Each party shall have the right to request from the arbitrator, and the arbitrator shall order upon good cause shown, reasonable and limited pre-hearing prehearing discovery, including including: (i) exchange of witness lists, ; (ii) depositions under oath of named witnesses at a mutually convenient location, ; (iii) written interrogatories, ; and (iv) document requests. (b) Upon conclusion of the pre-hearing discovery, the arbitrator shall promptly hold a hearing upon the evidence to be adduced by the parties and shall promptly render a written opinion and award. (c) The arbitrator shall adhere strictly to the sole and exclusive remedies set forth in Article 4.0 above and may not award or assess punitive damages against either party. (d) Each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of arbitration, except that the Company shall pay the fees and costs of the arbitrator, subject to the power of the arbitrator, in his or her sold sole discretion, to award all such reasonable costs, expenses and fees to the prevailing party.