Requirement of Arbitration Sample Clauses

Requirement of Arbitration. No dispute concerning or relating to the -------------------------- construction or enforcement of the Agreement, relating to the entitlement to or quantum of any payment hereunder, or in any way touching or concerning the subject matter of this Agreement shall be the subject of any complaint, civil action or other proceeding in court (except to require the arbitration provided for in this Arbitration Protocol or to enforce its award or a judgment entered on such award), but all such disputes shall be submitted to arbitration, in accordance with this Arbitration Protocol.
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Requirement of Arbitration. Any Dispute which cannot be resolved through mutual consultation and negotiation, shall be settled by final and binding arbitration conducted by the San Diego office of JAMS/Endispute. Nothing stated herein, however, shall preclude any party hereto from seeking and obtaining immediate injunctive relief (whether temporary, preliminary, or permanent) to prevent or restrain a breach by another party or to seek enforcement of this arbitration provision or to seek or enforce prejudgement or ancillary remedies. In the event JAMS/Endispute is no longer in existence or unwilling to conduct the arbitration, the arbitrators shall be appointed and the arbitration shall be conducted and governed by California Code of Civil Procedure section 1281, et seq.
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Requirement of Arbitration. Any Dispute which cannot be resolved through mutual consultation and negotiation, shall be settled by final and binding arbitration conducted by the San Diego office of JAMS/Endispute. Nothing stated herein, however, shall preclude Callaway Golf or CGV from seeking and obtaining immediate injunctive relief (whether temporary, preliminary, or permanent) to prevent or restrain a breach by Saint Andrews or SportPark ox xxxx Agreement or to seek enforcement of this arbitration provision or to seek or enforce prejudgment or ancillary remedies.
Sample 1
Requirement of Arbitration. You agree that any dispute, of any nature whatsoever, between You and MyFitnessPal arising out of or relating to this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in San Francisco, California (unless You and MyFitnessPal mutually agree to a different arbitrator), who shall render an award in accordance with the substantive laws of California and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS’ fee and reasonable attorney’s fees) to the prevailing party.
Sample 1
Requirement of Arbitration. You agree that any dispute, of any nature whatsoever, between You and HEALTH HABIT arising out of or relating to this Agreement, shall be decided by neutral, binding arbitration before a representative of the American Arbitration Association (“AAA”) in Palm Beach County, Florida (unless You and HEALTH HABIT mutually agree to a different arbitrator), who shall render an award in accordance with the substantive laws of Florida and the AAA’s rules & procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the AAA fees and reasonable attorney’s fees) to the prevailing party.
Sample 1
Requirement of Arbitration. You agree that any dispute, of any nature whatsoever, between you and Company arising out of or relating to the Application or this Agreement, including the Affiliate Acceptable Use Policy, Affiliate Insertion Orders, and any Campaign-specific terms and conditions, shall be decided by neutral, binding arbitration before a representative of JAMS in Minneapolis, Minnesota unless you and Company mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of Minnesota and JAMS’ Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS fee) to the prevailing party.
Sample 1
Requirement of Arbitration. Each Party agrees that any dispute, of any nature whatsoever, between AMI and Advertiser arising out of or relating to this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in Minnesota (unless the Parties mutually agree to a different arbitrator) who shall render an award in accordance with JAMS streamlined rules and procedures and the substantive laws of Minnesota. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. The arbitrator shall award costs (including, without limitation, the JAMS’ fee and reasonable attorney’s fees) to the prevailing party.
Sample 1
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Requirement of Arbitration. Any Dispute which cannot be resolved through mutual consultation and negotiation, shall be settled by final and binding arbitration conducted by the Los Angeles office of JAMS/Endispute. Nothing stated herein, however, shall preclude any party from seeking and obtaining immediate injunctive relief (whether temporary, preliminary, or permanent) to prevent or restrain a breach by the other of this Agreement or to seek enforcement of this arbitration provision or to seek or enforce prejudgment or ancillary remedies.
Sample 1

Related to Requirement of Arbitration

  • Terms of Arbitration The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

  • Rules of Arbitration The arbitration procedures initiated under this Contract shall operate under the arbitration rules in effect for ICSID, the Additional Facility or UNCITRAL, as the case may be, at the time of the filing of the request for arbitration, which rules are deemed to be incorporated herein by reference in this Article 26.

  • Scope of Arbitration The Executive expressly understands and agrees that claims subject to arbitration under this section include asserted violations of the Employee Retirement and Income Security Act of 1974; the Age Discrimination in Employment Act; the Older Worker’s Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964 (as amended); the Family and Medical Leave Act; any law prohibiting discrimination, harassment or retaliation in employment; any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress; or the public policy of any state, or any federal, state or local law.

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Conduct of Arbitration a) The seat of the arbitration shall be at New Delhi, India. b) The language to be used in the arbitral proceedings shall be English

  • Initiation of Arbitration Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 9.13 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered to such other party under Section 9.13 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and notices may be given, by email or fax pursuant to Section 9.13 of the Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.

  • Notice of Arbitration If a Person asserts that there exists a Dispute, then such Person (the “Disputing Person”) will give each other Person involved in such Dispute a written notice setting forth the nature of the asserted Dispute. If all such Persons do not resolve any such asserted Dispute prior to the 10th business day after such notice is given, then any of them may commence arbitration pursuant to this Paragraph 19 by giving each other Person involved in such Dispute a written notice to that effect (an “Arbitration Notice”), setting forth any matters which are required to be set forth therein in accordance with the AAA Rules.

  • Mediation/Arbitration a. In the event of any dispute under this Agreement, the parties hereto desire to avoid litigation. Accordingly, the aggrieved party will give notice of the dispute to the other party and both parties will attempt to settle the dispute during the thirty (30) day period following such notice. If such dispute remains unsettled, the parties agree to then submit such dispute to mediation. If the parties cannot agree on a mediator, each will select a mediator and the two chosen mediators will select a third mediator who shall alone hear the dispute. Such mediation will, if possible, be conducted during the sixty (60) day period following expiration of the thirty (30) day period. If such mediation fails to resolve the dispute, the parties agree such dispute will be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. Unless otherwise directed by the arbitrator, such arbitration must be concluded within ninety (90) days of the expiration of the sixty (60) day period previously specified for mediation. If the parties cannot agree on a single arbitrator, each will select an arbitrator, and the two chosen arbitrators will select a third arbitrator who shall alone decide the dispute. Any mediation or arbitration conducted hereunder will be conducted in Knoxville, Tennessee. The parties hereto shall equally share the costs of mediation (including the mediator’s fees and expenses and costs directly related to the conduct of the mediation, but excluding each party’s direct costs for transportation, attorneys, etc., for which each will be responsible). If any party fails to participate in mediation or arbitration after receipt of notice thereof, then each party hereto agrees that the other party shall have the right to proceed immediately to arbitration and that such other party shall be entitled to select the arbitrator in its sole discretion. Each party further agrees that, in such event, such arbitrator shall have the right to decide the dispute as if the non- participating party were participating in the arbitration and that such decision shall be final and binding upon each party hereto.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Cost of Arbitration The fees for a single Arbitrator or a Chair of a Board of Arbitration shall be shared equally by the parties. Other costs incurred by each party shall be the responsibility of that party.

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