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.
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 A JURY TRIAL OR TO OTHERWISE RESOLVE THEIR DISPUTES THROUGH THE COURTS.
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.
Resolution of Disputes Through Arbitration. (a) 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.
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.
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.
