Common use of Procedure for Arbitration Clause in Contracts

Procedure for Arbitration. Except as provided in Section 9(a) above, any dispute arising out of or relating to this Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, or any dispute arising from or related in any way to Xxxxxxxxxx'x employment, including any statutory or tort claims, which has not been settled through negotiation within a period of thirty (30) 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 pursuant to the provisions of this Agreement and under the then applicable arbitration rules of the American Arbitration Association ("AAA"), unless such rules are inconsistent with the provisions of this Agreement. Any such arbitration shall be conducted by: (a) neutral arbitrator appointed by mutual agreement of the parties; or (b) failing such agreement, in accordance with said rules. An arbitrator's award may be enforced in any court of competent jurisdiction. Each party shall be permitted reasonable discovery, including the production of relevant documents by the other party, the exchange of witness lists, and a limited number of depositions, including depositions of any expert who will testify at the arbitration. The summary judgment procedure applicable in Hennepin County, Minnesota, District Court, shall be available and apply to any arbitration conducted pursuant to this Agreement. Subject to the provisions of Section 8(c) below, the arbitrator shall have the authority to award to the prevailing party any remedy or relief that a court of the State of Minnesota could order or grant, including costs and attorneys' fees. Unless otherwise agreed by the parties, the place of any arbitration proceeding shall be Minneapolis, Minnesota.

Procedure for Arbitration. Except as provided in Section 9(a) Article 8.2 above, any dispute dispute, claim or controversy arising out of or relating to in connection with this License Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, or any dispute arising from or related in any way to Xxxxxxxxxx'x employment, including any statutory or tort claims, which has not been settled through negotiation within a period of thirty (30) 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 pursuant to the provisions of this Agreement and under the then then-applicable arbitration rules Commercial Arbitration Rules or, if Licensee’s principal place of business is outside the United States, the International Arbitration Rules of the American Arbitration Association ("“AAA"”), unless such rules are inconsistent with the provisions of this Agreement. Any such arbitration shall be conducted by: by three (a3) neutral arbitrator arbitrators appointed by mutual agreement of the parties; or (b) parties or, failing such agreement, in accordance with said rulesRules. 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 the licensing and distribution of computer software. Any such arbitration shall be conducted in Minneapolis, Minnesota, U.S.A. in the English language. An arbitrator's 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 be permitted have the right to request from the arbitrators, and the arbitrators shall order upon good cause shown, reasonable and limited pre-hearing discovery, including the production of relevant documents by the other party, the (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 arbitrators shall promptly hold a limited number hearing upon the evidence to be adduced by the parties and shall promptly render a written opinion and award. (c) The arbitrators may not award or assess punitive damages against either party. (d) Each party shall bear its own costs and expenses of depositionsthe arbitration and one-half (1/2) of the fees and costs of the arbitrators, including depositions of any expert who will testify at the arbitration. The summary judgment procedure applicable in Hennepin County, Minnesota, District Court, shall be available and apply to any arbitration conducted pursuant to this Agreement. Subject subject to the provisions power of Section 8(c) belowthe arbitrators, the arbitrator shall have the authority in their sole discretion, to award all such reasonable costs, expenses and fees to the prevailing party any remedy or relief that a court of the State of Minnesota could order or grant, including costs and attorneys' fees. Unless otherwise agreed by the parties, the place of any arbitration proceeding shall be Minneapolis, Minnesotaparty.

Procedure for Arbitration. Except as provided in Section 9(a) 7.2 above, any dispute dispute, claim or controversy arising out of or relating to in connection with this Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, or any dispute arising from or related in any way to Xxxxxxxxxx'x employment, including any statutory or tort claims, which has not been settled through negotiation within a period of thirty (30) 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 pursuant to the provisions of this Agreement and under the then applicable arbitration rules Commercial Arbitration Rules of the American Arbitration Association ("AAA"), unless such rules are inconsistent with the provisions of this Agreement. Any such arbitration shall be conducted by: by one (a1) neutral arbitrator appointed by mutual agreement of the parties; or (b) parties or, failing such agreement, in accordance with said rulesRules. Such arbitrator shall be an experienced business attorney with a background in employment law. Any such arbitration shall be conducted in Minneapolis, Minnesota. An arbitrator's 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 be permitted have the right to request from the arbitrator, and the arbitrator shall order upon good cause shown, reasonable and limited prehearing discovery, including the production of relevant documents by the other party, the (i) exchange of witness lists, (ii) depositions under oath of named witnesses at a mutually convenient location, (iii) written interrogatories, and a limited number (iv) document requests. (b) Upon conclusion of depositions, including depositions of any expert who will testify at the arbitration. The summary judgment procedure applicable in Hennepin County, Minnesota, District Court, shall be available and apply to any arbitration conducted pursuant to this Agreement. Subject to the provisions of Section 8(c) belowpre-hearing discovery, the arbitrator shall have promptly hold a hearing upon the authority 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 sole discretion, to award all such reasonable costs, expenses and fees to the prevailing party any remedy or relief that a court of the State of Minnesota could order or grant, including costs and attorneys' fees. Unless otherwise agreed by the parties, the place of any arbitration proceeding shall be Minneapolis, Minnesotaparty.

Procedure for Arbitration. Except as provided in Section 9(a) above, any dispute arising out of or relating to this Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, or any dispute arising from or related in any way to Xxxxxxxxxx'x Dearborn's employment, including any statutory or tort claims, which has not been settled through negotiation within a period of thirty (30) 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 pursuant to the provisions of this Agreement and under the then applicable arbitration rules of the American Arbitration Association ("AAA"), unless such rules are inconsistent with the provisions of this Agreement. Any such arbitration shall be conducted by: (a) neutral arbitrator appointed by mutual agreement of the parties; or (b) failing such agreement, in accordance with said rules. An arbitrator's award may be enforced in any court of competent jurisdiction. Each party shall be permitted reasonable discovery, including the production of relevant documents by the other party, the exchange of witness lists, and a limited number of depositions, including depositions of any expert who will testify at the arbitration. The summary judgment procedure applicable in Hennepin County, Minnesota, District Court, shall be available and apply to any arbitration conducted pursuant to this Agreement. Subject to the provisions of Section 8(c) below, the arbitrator shall have the authority to award to the prevailing party any remedy or relief that a court of the State of Minnesota could order or grant, including costs and attorneys' fees. Unless otherwise agreed by the parties, the place of any arbitration proceeding shall be Minneapolis, Minnesota.

Procedure for Arbitration. Except as provided in Section 9(a) above, any dispute arising out of or relating to this Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, or any dispute arising from or related in any way to Xxxxxxxxxx'x Xxxxx'x employment, including any statutory or tort claims, which has not been settled through negotiation within a period of thirty (30) 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 pursuant to the provisions of this Agreement and under the then applicable arbitration rules of the American Arbitration Association ("AAA"), unless such rules are inconsistent with the provisions of this Agreement. Any such arbitration shall be conducted by: (a) neutral arbitrator appointed by mutual agreement of the parties; or (b) failing such agreement, in accordance with said rules. An arbitrator's award may be enforced in any court of competent jurisdiction. Each party shall be permitted reasonable discovery, including the production of relevant documents by the other party, the exchange of witness lists, and a limited number of depositions, including depositions of any expert who will testify at the arbitration. The summary judgment procedure applicable in Hennepin County, Minnesota, District Court, shall be available and apply to any arbitration conducted pursuant to this Agreement. Subject to the provisions of Section 8(c) below, the arbitrator shall have the authority to award to the prevailing party any remedy or relief that a court of the State of Minnesota could order or grant, including costs and attorneys' fees. Unless otherwise agreed by the parties, the place of any arbitration proceeding shall be Minneapolis, Minnesota.