Resolution of Disputes, Binding Arbitration. Pursuant to the Federal Arbitration Act and applicable state law, the parties mutually agree that all disputes arising out of or relating to this Agreement, the matters covered herein, and Executive's employment with the Company shall be decided by final and binding arbitration pursuant to the American Arbitration Association Rules and Procedures for Employment Disputes in effect at the time. Among the disputes that must be submitted to arbitration are those concerning the interpretation, enforcement or alleged breach of this Agreement, and the termination of Executive’s employment, as well as those based on state and/or federal civil rights and discrimination laws, and other state and/or federal statutes, torts, and public policies, regardless of whether such disputes are asserted against the Company or its related entities, employees or agents, or against the Executive. The arbitration shall be held in New York City. The decision or award of the Arbitrator shall be issued in writing pursuant to New York law and shall be final and binding on all parties, subject only to such limited review as may be permitted or required by New York law. The prevailing party shall be entitled to recover all provable damages and other remedies that would otherwise be available at law or equity in a civil action, including costs and fees that may be awarded by any applicable statute. Executive and the Company agree that the right to take limited discovery and the right to seek injunctive or other equitable relief in court prior to the arbitration shall be available to either party pursuant to applicable New York law covering the arbitration of disputes, but the right to pursue a civil action or seek a jury trial is waived and shall not be available pursuant to this agreement to arbitrate all disputes.
Resolution of Disputes, Binding Arbitration. (a) Whenever a claim shall arise for which any party shall be entitled to indemnification hereunder, the indemnified party shall notify the indemnifying party in writing within thirty (30) days of the indemnified party's first receipt of notice of, or the indemnified party's obtaining actual knowledge of, such claim, and in any event within such shorter period as may be necessary for the indemnifying party to take appropriate action to resist such claim. Such notice shall specify all facts known to the indemnified party giving rise to such indemnity rights and shall estimate (to the extent reasonably possible) the amount of potential liability arising therefrom. If the indemnifying party shall be duly notified of such dispute, the parties shall attempt to settle and compromise the same.
Resolution of Disputes, Binding Arbitration. (a) Whenever a claim shall arise involving the interpretation or application of this Agreement, the complaining party shall notify the other party in writing within thirty (30) days of the complaining party's first receipt of notice of, or the complaining party's obtaining actual knowledge of, such claim, and in any event within such shorter period as may be necessary for the other party to take appropriate action to resist such claim. Such notice shall specify all facts known to the complaining party giving rise to such claim or dispute and shall estimate (to the extent reasonably possible) the amount of potential liability arising therefrom. If the other party shall be duly notified of such dispute, the parties shall attempt to settle and compromise the same.
Resolution of Disputes, Binding Arbitration. The following binding arbitration provisions shall apply to any controversy, dispute or claim arising out of or in connection with the Agreement for Employment of Superintendent-President between the Board of Trustees of the Long Beach Community College District and Xx. Xxxxxx Romali, including any amendment thereto, termination of employment with the District or non-renewal of employment.
Resolution of Disputes, Binding Arbitration. (a) Any dispute or Claim in respect of any adverse consequences, third party claims or otherwise arising under this Agreement, any Exhibit or the Disclosure Schedule hereto or any other Transfer Instrument or Assignment Instrument for which any Party shall seek indemnification which cannot be settled or compromised shall be resolved by the Bankruptcy Court. If the Bankruptcy Court abstains from exercising or declines to exercise jurisdiction with respect to such dispute or Claim or is without jurisdiction, then within thirty (30) days of the other Parties' receipt of written notice of the subject Claim, any Party shall promptly thereafter submit the dispute for final and binding arbitration to JAMS or End-Dispute before a three-person panel of arbitrators who shall be either (i) retired federal judges, or (ii) other persons experienced in resolving commercial disputes and who are acceptable to both the Sellers and the Buyer (the "Arbitration"). Any such Arbitration shall be brought in Philadelphia, Pennsylvania. The panel of arbitrators shall be selected within twenty (20) days of submission of such dispute to Arbitration. The Parties shall use their collective best efforts to promptly schedule and conduct the hearings before such arbitrators, with a view toward concluding such arbitration proceedings not later than thirty (30) days from the first submission of the dispute to arbitration. In addition to, and not in lieu of, Arbitration as a means of dispute resolution hereunder, any Party hereto shall have the right to seek specific enforcement of this Agreement or any Exhibit, Transfer Instrument or Assignment Instrument, or other injunctive or equitable relief or remedy before any court of competent jurisdiction.
Resolution of Disputes, Binding Arbitration. Pursuant to the Federal Arbitration Act and applicable state law, the parties mutually agree that all disputes arising out of or relating to this Agreement and the matters covered herein shall be decided by final and binding arbitration pursuant to the American Arbitration Association Rules and Procedures for Employment Disputes in effect at the time. Among the disputes that must be submitted to arbitration are those concerning the interpretation, enforcement or alleged breach of this Agreement, and the termination of Executive's employment, as well as those based on state and/or federal civil rights and discrimination laws, and other state and/or federal statutes, torts, and public policies, regardless of whether such disputes are asserted against the Company or its related entities, employees or agents, or against the Executive. The arbitration shall be held in New York City. The decision or award of the Arbitrator shall be issued in writing pursuant to California law and shall be final and binding on all parties, subject only to such limited review as may be permitted or required by Delaware law. The prevailing party shall be entitled to recover all provable damages and other remedies that would otherwise be available at law or equity in a civil action, including costs and fees that may be awarded by any applicable statute. The Company shall pay for the administrative costs and expenses of the arbitration, including the costs of the arbitrator. Executive and the Company agree that the right to take limited discovery and the right to seek injunctive or other equitable relief in court prior to the arbitration shall be available to either party pursuant to applicable California law covering the arbitration of disputes, but the right to pursue a civil action or seek a jury trial is waived and shall not be available pursuant to this agreement to arbitrate all disputes. [The next page is the signature page]
Resolution of Disputes, Binding Arbitration. Any and all claims and disputes of any kind or nature between the parties arising under or relating to this Agreement or the breach or enforcement thereof shall be finally resolved by binding arbitration in Madison, Wisconsin, by three (3) neutral arbitrators (who are active members of the legal profession with experience in contracts) in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon such award may be entered by any court of competent jurisdiction. Any party may at any time initiate an arbitration under this Agreement by giving notice of arbitration to the other party. Each party shall appoint an arbitrator, obtain its appointee’s acceptance of such appointment, and deliver written notification of such appointment and acceptance to the other party within thirty (30) days after delivery of the notice of arbitration. The two (2) party appointed arbitrators shall jointly appoint the third arbitrator, obtaining the appointee’s acceptance of such appointment and notify the parties in writing of such appointment and acceptance within thirty (30) days following their appointment and acceptance. If the appointment and acceptance of the third arbitrator are not effective within the thirty (30) day period, then, the American Arbitration Association shall appoint the third arbitrator, obtain the acceptance of such appointment and notify the parties and both arbitrators in writing of such appointment and acceptance. The third arbitrator shall serve as chairperson of the tribunal. All decisions and rulings of the tribunal, as well as any interim or final award, shall be pursuant to majority vote of the three (3) arbitrators comprising the tribunal. Any party may at any time initiate an arbitration under this Agreement by giving notice of arbitration to the other party. The parties agree that, with respect to any dispute, claim or controversy that is to be arbitrated, discovery and the nature of that allowed by the Federal Rules of Civil Procedure will be afforded to each party and any dispute with respect to such discovery shall also be settled by the arbitrators. The arbitrators shall award costs of the arbitration proceeding, including reasonable attorneys’ fees and expenses, in favor of the prevailing party provided that, if both parties prevail on different claims, the costs, attorneys’ fees and expenses shall be allocated according to the monetary value of the claims decided against a party. Notwithstan...
Resolution of Disputes, Binding Arbitration. (a) In the event that any dispute relating to or otherwise involving the interpretation or application of this Agreement, any Schedule or Exhibit hereto or any other Transaction Document cannot be settled or compromised, as aforesaid, within twenty (20) days of receipt of the subject claim, either party shall promptly thereafter submit the dispute for final and binding arbitration to JAMS or End-Dispute before a three-person panel of arbitrators who shall be either (i) retired federal judges, or (ii) other persons experienced in resolving commercial disputes and who are acceptable to both the indemnifying party and the indemnified party (the "Arbitration"). Any such Arbitration shall be held in New York, New York. The panel of arbitrators shall be selected within twenty (20) days of submission of such dispute to Arbitration. The parties shall use their collective best efforts to promptly schedule and conduct the hearings before such arbitrators, with a view toward concluding such arbitration proceedings not later than thirty (30) days from the first submission of the dispute to arbitration. In addition to, and not in lieu of, arbitration as a means of dispute resolution hereunder, any party hereto shall have the right to seek specific enforcement of this Agreement or any Transaction Document, or other injunctive or equitable relief or remedy before any court of competent jurisdiction.
Resolution of Disputes, Binding Arbitration. In the event that a dispute, the resolution of which is not already provided herein, arises between the Management Company and The Cleveland Clinic Foundation, the parties agree that such dispute shall first be submitted to the Chief Executive Officers of both parties. If such dispute is not resolved to the parties' satisfaction, said dispute shall be submitted to a panel of arbitrators in Cleveland, Ohio, who shall be governed the rules of the American Arbitration Association and whose decision shall be binding and conclusive on the parties. Costs associated with such arbitration shall be borne proportionate to the arbitrators' finding of fault.
Resolution of Disputes, Binding Arbitration. (a) Whenever a claim shall arise involving the interpretation or application of this Agreement, the complaining party shall so notify the other party in writing. Such notice shall specify all facts known to the complaining party giving rise to such claim or dispute and shall estimate (to the extent reasonably possible) the amount of potential liability arising therefrom. If the other party shall be duly notified of such dispute, the parties shall attempt to settle and compromise the same.
