Resolution of Disputes Through Arbitration Sample Clauses

Resolution of Disputes Through Arbitration. The parties hereto agree that all disputes arising under this Agreement, excepting only such action(s) as may be seeking injunctive relief, shall be resolved via binding arbitration via the procedures which follow. The term "dispute" shall include, inter alia, the application of this agreement and its terms, as well as the existence of "cause", as heretofore defined, for purposes of termination of this agreement therefore, as well as any claims for damage that may arise there from.
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Resolution of Disputes Through Arbitration. Except as provided below, any dispute between the parties which arises from this Agreement and cannot be resolved informally between the parties which arises from this Agreement and cannot be resolved informally between the parties shall be resolved solely through binding arbitration, to be conducted in San Francisco, California or some other location as the parties may mutually agree on and subject to the rules of the American Arbitration Association unless otherwise agreed by the parties. In the event that this Agreement is terminated pursuant to Article VII, LDI may undertake any and all legal actions to collect any royalties or other monies owed under this Agreement.
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Resolution of Disputes Through Arbitration. 26.3.1 Any dispute arising between the Parties concerning contract terms or conditions including, but not limited to, specifications, performance criteria or pricing, or performance thereof, arising under or relating to the performance of this Contract which dispute cannot be settled by the Parties within a reasonable time, not to exceed thirty (30) days after the meeting described in Sections 26.1 or 26.2 above, may be submitted by either Party to binding arbitration. 26.3.2 All disputes to be arbitrated shall be submitted to and decided by a board of three arbitrators, one to be appointed by Xxxxxxxxx and one by Supplier, provided that both such arbitrators shall be professionals in the technical area in dispute; and the two arbitrators so appointed shall appoint a third arbitrator, who shall be an attorney experienced in the resolution of software systems disputes. If either Party shall fail or refuse to appoint an arbitrator within thirty (30) days after written notice has been given to it by the other Party naming the tatter's arbitrator, the Party giving such notice shall have the right to request the Presiding Judge of the Superior Court of the State of California in and for the City and County of Sacramento to appoint an arbitrator for the other Party so in default. If the two arbitrators thus chosen shall be unable to agree upon the third arbitrator, such arbitrator shall be appointed, upon application of either Party, by the Presiding Judge of the Superior Court of the State of California in and for the City and County of Sacramento. The arbitration will be conducted in accordance with the procedures of this Section 26.3.2 and the Commercial Arbitration Rules of the American Arbitration Association (the "AAA Rules"), In the event of a conflict, the provisions of this Contract shall control. Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. No potential arbitrator may serve on the panel unless he or she has agreed to be bound by these procedures. The arbitrators shall have no power to award (i) damages inconsistent with the Contract or (ii) punitive damages or any other damages not measured by the prevailing party's actual damages unless expressly provided for i...
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Resolution of Disputes Through Arbitration. The parties to the Agreement acknowledge and agree that any dispute or claim arising out of this Agreement, including but not limited to any resulting or related transaction or the relationship of the parties, shall be decided by neutral, exclusive, binding, private, and confidential arbitration in San Francisco, CA, U.S.A., where Intrax is headquartered. The arbitrator may grant any remedy or relief that the arbitrator deems just and equitable, including any remedy or relief that would have been available to the parties had the matter been heard in court. The arbitration shall be administered by a neutral arbitrator provided by JAMS or by a neutral arbitrator provided by any other mutually agreed upon arbitration service provider. The arbitrator shall be selected with the participation of both parties in the selection process. The parties shall equally pay the reasonable costs and arbitrator’s fees and expenses in connection with resolution of the dispute in the arbitration forum. The arbitration shall be conducted pursuant to JAMS Comprehensive Arbitration Rules and Procedures (available at xxx.xxxxxxx.xxx/xxxxx-xxxxxxxxxxxxx-xxxxxxxxxxx/) or, alternatively, any other mutually agreed upon set of rules. Notwithstanding the foregoing, the parties may utilize subpoenas and have discovery as provided in the applicable arbitration rules and California Code of Civil Procedure Sections 1282.5, 1283 and 1283.05. Either party may appear telephonically at the arbitration. The decision of the arbitrator shall be a written opinion that explains the rationale for the decision. The decision shall be final and binding and may be enforced in any court of competent jurisdiction. Any demand for arbitration shall be in writing and must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based upon such claim, dispute or other matter would be barred by the applicable statute of limitations. BY AGREEING TO RESOLVE ANY CLAIMS OR DISPUTES THROUGH ARBITRATION, AS DESCRIBED ABOVE, THE PARTIES KNOWINGLY WAIVE THEIR RIGHT TO
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Resolution of Disputes Through Arbitration. It being the intent of the parties hereto that any conflicts or disputes that may arise in relation to the performance of this Indenture or of the Supplemental Indentures, as well as any matter related to the Program, be resolved as expeditiously as possible, each of the parties hereby agrees that any lawsuit, dispute, claim or disagreement in connection with the interpretation, performance, validity, termination, effectiveness of, or arising from or in relation to, this Indenture, the Supplemental Indentures or any other document materially relevant to the Program that cannot be resolved by mutual agreement of the parties to such dispute within fifteen (15) Business Days following the date on which one of the parties to such dispute notifies the other in writing of the existence of such dispute, then it shall be settled by arbitration of law (arbitraje de derecho) according to the procedures set forth in this Article XII and Applicable Law.
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Resolution of Disputes Through Arbitration. A. During such time as at least one competent TRUSTOR is living, the only person(s) eligible to complain as to anything done or not done by TRUSTEE and/or PLAN of Arizona shall be the TRUSTOR, except that a legal representative of a TRUSTOR or his or her attorney-in-fact shall have the same rights of complaint or challenge as the TRUSTOR. If a matter or matters complained of remain unresolved, then either the complainant and/or PLAN of Arizona may have the matter determined by an Arbitrator acting pursuant to the rules of the American Arbitration Association, the Arbitrator to have the powers set forth in paragraphs C and D of this Section. B. If no TRUSTOR is living and competent, the only person eligible to complain as to anything done or not done by TRUSTEE and/or PLAN of Arizona shall be the legal representative of the person. If there be no such legal representative, the only person eligible to complain shall be the acting Advisory Contact Person or if there be none, then any Remaindermen. C. The Arbitrator shall have no power to direct TRUSTEE to do anything The Arbitrator shall have broad powers to make such award as the Arbitrator believes will effectively carry out the terms of the Master Trust, the Joinder Agreement, and this Contract, having in mind all feasible alternatives for best serving the PRIMARY BENEFICIARY, whose well-being shall take precedence over the rights of remaindermen, including but not limited to, ordering the transfer of the assets to a Trustee under such terms as are reasonably close to the original terms and conditions as is feasible. D. The presumption in any arbitration shall be that both PLAN of Arizona and the complainant are concerned with the best interests of the PRIMARY BENEFICIARY and therefore the fees of the American Arbitration Association and of the Arbitrator, as well as the reasonable fees (reasonableness to be determined by the Arbitrator) of attorneys for PLAN of Arizona and the complaining party shall be a charge against the PRIMARY BENEFICIARY'S Trust. As an exception to the foregoing, should the Arbitrator determine that either or both of PLAN of Arizona or the complainant acted frivolously, that party's attorneys' fees may be denied.
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Related to Resolution of Disputes Through Arbitration

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE’S INTENDED USE.

  • Mediation of Disputes The parties shall endeavor in good faith to settle within 90 days any controversy or claim arising out of or relating to this Agreement or the breach thereof through mediation with JAMS, Endispute or similar organizations. If the controversy or claim is not resolved within 90 days, the parties shall be free to pursue other legal remedies in law or equity.

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

  • Settlement of Disputes; Arbitration All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board of Directors of the Company and shall be in writing. Any denial by the Board of Directors of a claim for benefits under this Agreement shall be delivered to the Executive in writing and shall set forth the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Board of Directors shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in Boston, Massachusetts, in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction.

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • 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.

  • Step 4 - Arbitration a. If the Union is dissatisfied with the written decision at Step 2 or if the mediation is not successful, within twenty-five (25) days of the Step 2 meeting, the Union may advance the grievance to arbitration. Only the Union (not an individual Bargaining Unit Faculty member) may process a grievance to arbitration. b. Within thirty (30) days of notice of proceeding to arbitration, the Union and the College shall select an impartial third party to be Arbitrator. In the event the parties cannot agree on the selection of an impartial third party, they shall request a list of Arbitrators from Federal Mediation and Conciliation Service. c. Within five (5) days of receipt of the list, the parties shall alternately strike names from the list until one name remains. The person whose name remains shall be the Arbitrator. d. Each party shall bear the expense of preparing and presenting its own case. The costs of the arbitration proceedings, including compensation, fees and expenses of the Arbitrator, and the cost of any hearing transcript, shall be borne equally by the College and the Union. Unless otherwise mutually agreed, each arbitration hearing shall deal with no more than one (1) grievance. e. Subject to the availability of the Arbitrator selected, arbitration shall begin within thirty (30) days unless a delay is agreed upon by both parties. f. The Arbitrator shall have no power to add to, subtract from, modify or disregard any of the provisions of this Agreement. The decision of the Arbitrator shall be final and binding on the parties, although each side retains whatever rights it has under state or federal law to challenge the decision and award. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the College on matters committed to the College’s discretion under Article 23, Management Rights, which are not further abridged by other terms of this Agreement. Jurisdiction shall extend solely to claims of violation of specific written provisions of the Agreement and involve only the interpretation and application of the Agreement.

  • Disputes; Arbitration (a) If a dispute arises between the parties, the parties agree that their respective representatives shall meet and consult in good faith and attempt to settle the dispute, within thirty (30) days of written notice thereof, as a condition precedent to the initiation of arbitration proceedings as set forth herein. Notwithstanding any other provision of this Agreement to the contrary, the parties hereto agree that any and all disputes with respect to any claim pursuant to the provisions of this Agreement, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a panel of three (3) arbitrators appointed pursuant to such Rules, and judgment upon the award rendered by such arbitrators may be entered in any court having jurisdiction. Such arbitrators shall not have the authority or power to reform, alter, amend or modify any of the terms or conditions of this Agreement or to enter an award which reforms, alters, amends or modifies such terms or conditions. Notwithstanding the forgoing, the arbitrators shall have no authority to award any punitive damages except upon proof of fraud with intent to deceive. The decision of such arbitrators shall be in writing, setting forth both findings of fact and conclusions of law, and shall be final and conclusive upon the parties; and no suit at law or in equity based on such dispute, controversy or claim shall be instituted by any party hereto, other than to enforce the award of such arbitrators. Such arbitration shall be conducted in Denver, Colorado or in such other location as the parties thereto may agree. (b) In the event of a dispute, the prevailing party shall be entitled to be reimbursed by the non-prevailing party or parties for such prevailing party's reasonable attorney's fees and other expenses. (c) The parties agree that as precondition to the commencement of arbitration by any party, the dispute must be submitted to non-binding mediation with a mediator agreed to by both parties. If the parties cannot agree on a mediator within fourteen (14) days from the date of a request for mediation, the dispute will be mediated by a person selected in accordance with the rules of the American Arbitration Association.

  • Disputes and Arbitration Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.

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