Rules of Civil Procedure. Any money payable to a person under disability under an order or settlement shall be paid into Court unless a judge orders otherwise under rule 7.09 of the Rules of Civil Procedure.
Rules of Civil Procedure. The parties have not agreed to arbitrate any dispute except for those disputes arising out of or relating to the construction, application or enforcement of this Agreement. For example, and without limitation, the parties have not agreed to arbitrate wage-hour, workers' compensation, defamation, or public policy discharge claims, parties expressly reserve all rights and remedies available to them, at law in equity, to resolve any dispute which they have not expressly agreed in this Agreement to arbitrate.
Rules of Civil Procedure. The Zoning Board is a body of lay citizens appointed by the governing body. Strict rules of evidence and civil procedure are not required for the Zoning Board to perform its functions.
Rules of Civil Procedure. The parties shall bear all or any unequal portion of the prevailing party's cost (including, without limitation, the prevailing party's reasonable attorneys fees). The arbitrators will be instructed to prepare and deliver a written, reasoned opinion conferring their decision. Decisions of the arbitrators shall be made by a majority vote. The award rendered in an arbitration commenced hereunder shall be final and conclusive and judgment thereon may be rendered in any court having jurisdiction for its enforcement.
Rules of Civil Procedure. The parties shall bear the cost of arbitration equally unless the arbitrators require the non-prevailing party to bear all or any unequal portion of the prevailing party's costs (including, without limitation, the prevailing party's reasonable attorneys' fees). The arbitrators will be instructed to prepare and deliver a written, reasoned opinion conferring their decision. Decisions of the arbitrators shall be made by a majority vote. The award rendered in an arbitration commenced hereunder shall be final and conclusive and judgment thereon may be rendered in any court having jurisdiction for its enforcement. The rights and obligations of the parties to arbitrate any dispute relating to the interpretation or performance of or non-performance under this Agreement or the grounds for the termination thereof shall survive the expiration or termination of this Agreement for any reason and shall apply notwithstanding compliance or non-use of the good faith resolution procedures of this Section. Notwithstanding the foregoing, in the event of any breach or threatened or imminent breach of the provisions of this Agreement intended to protect proprietary information or designed to restrict the use of intellectual or industrial property rights, the parties hereto may seek temporary or intermediate injunctive relief (and similar remedies) from a court of competent jurisdiction and without having to pursue the good faith resolution efforts of this Section. For purposes of any litigation pursuant to the foregoing sentence or for purposes of enforcing the decision of the arbitrator pursuant to this Section, SGI and LFC Co. hereby (i) consent to the exclusive jurisdiction of Federal and state courts located in Los Angeles, California, (ii) agree not to contest venue before such courts on grounds of forum non conveniens or otherwise, and (iii) agree that service of process may be had by mail or by any other method permitted by applicable laws and rules. Upon written request by either party, the arbitration shall be consolidated with any other arbitration involving any dispute, claim or controversy arising out of or in relation to any of the Related Agreements or any other document with respect thereto, or the breach, termination or invalidity thereof.
Rules of Civil Procedure. The mediator’s fees shall be paid equally by the parties to the mediation. I f said dispute is not submitted to 60 mediation, then the escrow agent may, at its option: (1) take no action and hold all funds (and documents, if any) until agreement is reached between 61 the disputing parties, or until a judgment has been entered by a court of competent jurisdiction and the appeal period has expired thereon, or if appealed 62 then until the matter has been finally conducted and then to act in accordance with such final judgment; or (2) institute an action for declaratory 63 judgment, interpleader or otherwise joining all affected parties and thereafter complying with the ultimate judgment of the court with regard to the 64 disbursement of the deposit(s) and disposition of documents, if any. In the event of any suit between Buyer and Seller wherein the Escrow Agent is 65 made a party by virtue of acting as such Escrow Agent hereunder, or in the event of any suit wherein Escrow Agent interpleads the subject matter of 66 this escrow, the Escrow Agent shall be entitled to recover all attorney’s fees and costs incurred, including costs and attorney’s fees for appellate 67 proceeding, if any. The Escrow Agent shall be entitled to an award against the deposit funds for such costs and attorney’s fees. Any costs and 68 attorney’s fees awarded to the Escrow Agent shall be reimbursed to the prevailing party and charged as court costs against the losing party or parties,
Rules of Civil Procedure. The location of the arbitration shall be in (i) San Francisco, California, if Seller is the Party initiating such arbitration, or (ii) in Tokyo, Japan, if Buyer is the Party initiating such arbitration. The arbitration shall be conducted in the English language.
Rules of Civil Procedure. The recipient of a discovery request shall have ten (10) days after the receipt of such request to object to any or all portions of such request, and shall respond to any portions of such request not so objected to within twenty (20) days of the receipt of such request. All objections shall be in writing and shall indicate the reasons for such objections. The objecting party shall insure that all objections and responses are received by other parties within the above time periods. Any party seeking to compel discovery following receipt of an objection shall file with the other parties and the Arbitrator a motion to compel, including a copy of the initial request and the objection. The Arbitrator shall allow five days for responses to the motion to come before ruling. Claims of privilege and other objections shall be
Rules of Civil Procedure. The arbiters designated pursuant to subsections (c), (d) and (e) hereof shall select, with respect to each Dispute Item submitted to arbitration pursuant to this Section 7.1, either (i) the position and relief submitted by the Assuming Institution with respect to each SF Shared-Loss Dispute Item, or (ii) the position and relief submitted by the Receiver with respect to each SF Shared-Loss Dispute Item, in either case as set forth in its respective notice of arbitration. The arbiters shall have no authority to select a value for each Dispute Item other than the determination set forth in Section 7.1(c) and Section 7.1(d). The arbitration shall be final, binding and conclusive on the parties.
Rules of Civil Procedure. Judgment upon the award may be entered in any court having jurisdiction thereof. Each party shall pay his or its own attorneys’ fees and expenses associated with such arbitration to the extent permitted by applicable law, except that the Company shall pay all JAMS arbitration fees, including, but not limited to, the arbitrator’s fees and all other administrative fees and costs in excess of the amount of court filing fees that would be required if the dispute were decided in a court of law.
