Common use of Settlement and Arbitration of Disputes Clause in Contracts

Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state of New York by three arbitrators, one of whom shall be appointed by the Company, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of Albany. Such arbitration shall be conducted in the City of Boston in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators which shall be as provided in this Section 8(d). Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 16 contracts

Samples: Executive Severance Agreement (Plug Power Inc), Executive Severance Agreement (Plug Power Inc), Executive Severance Agreement (Plug Power Inc)

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Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state Commonwealth of New York Massachusetts by three arbitrators, one of whom shall be appointed by the Company, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of AlbanyBoston. Such arbitration shall be conducted in the City of Boston in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators which shall be as provided in this Section 8(d). Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 12 contracts

Samples: Executive Severance Agreement (Mac-Gray Corp), Executive Severance Agreement (Zoll Medical Corp), Executive Severance Agreement (Mac-Gray Corp)

Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement Amendment or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state of New York by three arbitrators, one of whom shall be appointed by the Company, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of Albany. Such arbitration shall be conducted in the City of Boston in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators which shall be as provided in this Section 8(d)) of the Agreement. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 7 contracts

Samples: Executive Severance Agreement (Plug Power Inc), Executive Severance Agreement (Plug Power Inc), Executive Severance Agreement (Plug Power Inc)

Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state Commonwealth of New York Massachusetts by three arbitrators, one of whom shall be appointed by the Company, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of AlbanyBoston. Such arbitration shall be conducted in the City of Boston in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the 4 5 selection of arbitrators which shall be as provided in this Section 8(d7(d). Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 5 contracts

Samples: Change in Control Agreement (Geotel Communications Corp), Change in Control Agreement (Geotel Communications Corp), Change in Control Agreement (Geotel Communications Corp)

Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state State of New York Rhode Island by three arbitrators, one of whom shall be appointed by the CompanyCorporation and/or the Bank, one by the Executive Executive, and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of AlbanyBoston, Massachusetts. Such arbitration shall be conducted in the City of Boston Rhode Island in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators arbitrators, which shall be as provided in this Section 8(d). Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 3 contracts

Samples: Control Agreement (Washington Trust Bancorp Inc), Change in Control Agreement (Washington Trust Bancorp Inc), Severance Agreement (Washington Trust Bancorp Inc)

Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state of New York by three arbitrators, one of whom shall be appointed by the Company, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of Albany. Such arbitration shall be conducted in the City of Boston Albany in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators which shall be as provided in this Section 8(d5(d). Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 2 contracts

Samples: Severance Agreement (Plug Power Inc), Severance Agreement (Plug Power Inc)

Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state The Commonwealth of New York Massachusetts by three arbitrators, one of whom shall be appointed by the Company, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of AlbanyBoston. Such arbitration shall be conducted in the City of Boston in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators which shall be as provided in this Section 8(d). Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 2 contracts

Samples: Severance Agreement (Instron Corp), Executive Severance Agreement (Instron Corp)

Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state Commonwealth of New York Massachusetts by three arbitrators, one of whom shall be appointed by the Company, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of AlbanyBoston. Such arbitration shall be conducted in the City of Boston in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators which shall be as provided in this Section 8(d7(d). Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 2 contracts

Samples: Change in Control Agreement (Geotel Communications Corp), Change in Control Agreement (Geotel Communications Corp)

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Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state Commonwealth of New York Massachusetts by three arbitrators, one of whom shall be appointed by the CompanyEmployer, one by the Executive Employee and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of AlbanyBoston. Such arbitration shall be conducted in the City of Boston in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators which shall be as provided in this Section 8(d)13. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 2 contracts

Samples: Employment Contract (Unique Casual Restaurants Inc), Employment Contract (Daka International Inc)

Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state State of New York Delaware by three arbitrators, one of whom shall be appointed by the Company, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of AlbanyBoston. Such arbitration shall be conducted in the City of Boston in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators which shall be as provided in this Section 8(d). Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Senior Executive Severance Agreement (Medwave Inc)

Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Agreement Contract or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state Commonwealth of New York Massachusetts by three arbitrators, one of whom shall be appointed by the CompanyEmployer, one by the Executive Employee and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of AlbanyBoston. Such arbitration shall be conducted in the City of Boston in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators which shall be as provided in this Section 8(d)14. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Employment Contract (Champps Entertainment Inc/ Ma)

Settlement and Arbitration of Disputes. Any controversy or claim arising out of or relating to this Amended and Restated Agreement or the breach thereof shall be settled exclusively by arbitration in accordance with the laws of the state Commonwealth of New York Massachusetts by three arbitrators, one of whom shall be appointed by the Company, one by the Executive and the third by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the American Arbitration Association in the City of AlbanyBoston. Such arbitration shall be conducted in the City of Boston in accordance with the rules of the American Arbitration Association for commercial arbitrations, except with respect to the selection of arbitrators which shall be as provided in this Section 8(d). Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

Appears in 1 contract

Samples: Executive Severance Agreement (Zoll Medical Corporation)

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