Common use of Scope of Award Clause in Contracts

Scope of Award. With the exception of damages other than actual damages (i.e., punitive, consequential, or other special damages, which are expressly precluded), the arbitrator shall have the authority to award any remedy or relief that a court of the State of Arizona could order or grant, including, without limitation, specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process; provided, however, the arbitrator shall rule in favor of one party as to each disputed matter, with no comprises or alternative solutions permitted, i.e., shall select the position offered by one of the parties with respect to each issue presented for resolution, without variation, and shall give notice to the parties hereto of such determination within five business (5) days following the hearing.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Go Daddy Group, Inc.), Purchase and Sale Agreement (Go Daddy Group, Inc.)

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Scope of Award. With the exception of damages other than actual damages (i.e., punitive, consequential, or other special damages, which are expressly precluded), the arbitrator shall have the authority to award any remedy or relief that a court of the State of Arizona could order or grant, including, without limitation, specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process; provided, however, the arbitrator shall rule in favor of one party Party as to each disputed matter, with no comprises compromises or alternative solutions permitted, i.e., shall select the position offered by one of the parties Parties with respect to each issue presented for resolution, without variation, and shall give notice Notice to the parties Parties hereto of such determination within five business (5) days as soon as possible following the hearing.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

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Scope of Award. With the exception of damages other than actual damages (i.e., punitive, consequential, or other special damages, which are expressly precluded), the arbitrator shall have the authority to award any remedy or relief that a court of the State of Arizona could order or grant, including, without limitation, specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process; provided, however, the arbitrator shall rule in favor of one party as to each disputed matter, with no comprises or alternative solutions permitted, i.e., shall select the position offered by one of the parties with respect to each issue presented for resolution, without variation, and shall give notice to the parties hereto of such determination within five business (5) days following the hearing.. g.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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