Common use of Settlement of Disputes; Arbitration Clause in Contracts

Settlement of Disputes; Arbitration. a. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s claim has been denied. b. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New York, in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 7 contracts

Samples: Severance Agreement (Starwood Hotel & Resorts Worldwide, Inc), Severance Agreement (Starwood Hotel & Resorts Worldwide, Inc), Severance Agreement (Starwood Hotel & Resorts Worldwide, Inc)

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Settlement of Disputes; Arbitration. a. 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s claim has been denied. b. 14.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkCharlotte, North Carolina in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 6 contracts

Samples: Severance Agreement (Piedmont Natural Gas Co Inc), Severance Agreement (Piedmont Natural Gas Co Inc), Severance Agreement (Piedmont Natural Gas Co Inc)

Settlement of Disputes; Arbitration. a. 14.1. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. 14.2. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkBoston, Massachusetts in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 6 contracts

Samples: Severance Agreement (Gsi Lumonics Inc), Severance Agreement (Gsi Lumonics Inc), Severance Agreement (Gsi Lumonics Inc)

Settlement of Disputes; Arbitration. a. 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. 14.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkCharlotte, North Carolina in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 5 contracts

Samples: Severance Agreement (Public Service Co of North Carolina Inc), Severance Agreement (Public Service Co of North Carolina Inc), Severance Agreement (Piedmont Natural Gas Co Inc)

Settlement of Disputes; Arbitration. a. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New York, in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 5 contracts

Samples: Severance Agreement (Starwood Hotels & Resorts), Severance Agreement (Starwood Hotels & Resorts), Severance Agreement (Starwood Hotel & Resorts Worldwide Inc)

Settlement of Disputes; Arbitration. a. (A) All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board Committee and shall be in writing. Any denial by the Board Committee of a claim for benefits under this Agreement shall be delivered to the Executive in writing and shall set forth state the specific reasons for the denial and the specific provisions of this Agreement relied upon. The Board Committee shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board Committee a decision of the Board Committee within sixty (60) days after notification by the Board Committee that the Executive’s 's claim has been denied. b. (B) Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkSeattle, Washington in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 4 contracts

Samples: Severance Agreement (Safeco Corp), Change in Control Severance Agreement (Safeco Corp), Employment Agreement (Safeco Corp)

Settlement of Disputes; Arbitration. a. 16.1 All claims by the Executive for payments and benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s claim has been denied. b. 16.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkBoston, Massachusetts in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 4 contracts

Samples: Change in Control Severance Agreement (Mercury Computer Systems Inc), Change in Control Severance Agreement (Mercury Computer Systems Inc), Change in Control Severance Agreement (Mercury Computer Systems Inc)

Settlement of Disputes; Arbitration. a. 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. 14.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkDenver, Colorado in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards -------- ------- set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 3 contracts

Samples: Severance Agreement (Einstein Noah Bagel Corp), Severance Agreement (Einstein Noah Bagel Corp), Severance Agreement (Einstein Noah Bagel Corp)

Settlement of Disputes; Arbitration. a. 15.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s claim has been denied. b. 15.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkCharlotte, North Carolina in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 3 contracts

Samples: Severance Agreement (Piedmont Natural Gas Co Inc), Severance Agreement (Piedmont Natural Gas Co Inc), Severance Agreement (Piedmont Natural Gas Co Inc)

Settlement of Disputes; Arbitration. a. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkLos Angeles, California in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in -------- ------- this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 2 contracts

Samples: Severance Agreement (Aura Systems Inc), Severance Agreement (Aura Systems Inc)

Settlement of Disputes; Arbitration. a. 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board Committee and shall be in writing. Any denial by the Board Committee 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 Committee shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board Committee a decision of the Board Committee within sixty (60) days after notification by the Board Committee that the Executive’s 's claim has been denied. b. 14.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkLos Angeles, California in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 2 contracts

Samples: Severance Agreement (Point 360), Severance Agreement (Point 360)

Settlement of Disputes; Arbitration. a. 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s claim has been denied. b. 14.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkBoston, Massachusetts in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 2 contracts

Samples: Severance Agreement (Emc Corp), Change in Control Severance Agreement (New England Business Service Inc)

Settlement of Disputes; Arbitration. a. 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. 14.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkHouston, Texas in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 2 contracts

Samples: Management Continuity Agreement (Cooper Industries LTD), Management Continuity Agreement (Cooper Industries Inc)

Settlement of Disputes; Arbitration. a. 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. 14.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkLouisville, Kentucky in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Yum Brands Inc)

Settlement of Disputes; Arbitration. a. 15.1. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. 15.2. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkSpringfield, Missouri in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Change of Control Agreement (O Reilly Automotive Inc)

Settlement of Disputes; Arbitration. a. 14.1. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. 14.2. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New York, the San Francisco Bay Area in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards -------- ------- set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Altavista Co)

Settlement of Disputes; Arbitration. a. (a) All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board Committee and shall be in writing. Any denial by the Board Committee 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 Committee shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board Committee a decision of the Board Committee within sixty (60) days after notification by the Board Committee that the Executive’s 's claim has been denied. b. (b) Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkSeattle, Washington in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Safeco Corp)

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Settlement of Disputes; Arbitration. a. 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board Committee and shall be in writing. Any denial by the Board Committee 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 Committee shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board Committee a decision of the Board Committee within sixty (60) days after notification by the Board Committee that the Executive’s 's claim has been denied. b. 14.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkTampa, Florida, in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s arbitrators award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Harvard Industries Inc)

Settlement of Disputes; Arbitration. a. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. . Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by binding arbitration in New YorkSioux Falls, South Dakota, in accordance with the rules Employment Dispute Resolution Rules and Regulations of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary; provided, however, that the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.. The Corporation shall be obligated to advance the filing fees and other costs of

Appears in 1 contract

Samples: Comprehensive Employment Agreement (Northwestern Corp)

Settlement of Disputes; Arbitration. a. 14.1. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board Committee and shall be in writing. Any denial by the Board Committee 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 Committee shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board Committee a decision of the Board Committee within sixty (60) days after notification by the Board Committee that the Executive’s 's claim has been denied. b. 14.2. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkTampa, Florida, in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Harvard Industries Inc)

Settlement of Disputes; Arbitration. a. All claims by the Executive for benefits under this Agreement shall be de directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New York, in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Starwood Hotel & Resorts Worldwide Inc)

Settlement of Disputes; Arbitration. a. 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board Committee and shall be in writing. Any denial by the Board Committee 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 Committee shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board Committee a decision of the Board Committee within sixty (60) days after notification by the Board Committee that the Executive’s claim has been denied. b. 14.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkLos Angeles, California in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Severance Agreement (New 360)

Settlement of Disputes; Arbitration. a. All claims by the Executive for benefits under this Agreement shall be de directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s claim has been denied. b. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New York, in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Starwood Hotel & Resorts Worldwide Inc)

Settlement of Disputes; Arbitration. a. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New York, in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.the

Appears in 1 contract

Samples: Severance Agreement (Starwood Hotels & Resorts)

Settlement of Disputes; Arbitration. a. (a) All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board Committee and shall be in writing. Any denial by the Board Committee 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 Committee shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board Committee a decision of the Board Committee within sixty (60) days after notification by the Board Committee that the Executive’s 's claim has been denied. b. (b) Any further dispute or controversy arising under or in on connection with this Agreement shall be settled exclusively by arbitration in New YorkSeattle, Washington in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Safeco Corp)

Settlement of Disputes; Arbitration. a. 14.1 All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board Committee and shall be in writing. Any denial by the Board Committee 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 Committee shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board Committee a decision of the Board Committee within sixty (60) days after notification by the Board Committee that the Executive’s 's claim has been denied. b. 14.2 Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkWoodland Hills, California in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Syncor International Corp /De/)

Settlement of Disputes; Arbitration. a. 14.1. All claims by the Executive for benefits under this Agreement shall be directed to and determined by the Board and shall be in writing. Any denial by the Board 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 shall afford a reasonable opportunity to the Executive for a review of the decision denying a claim and shall further allow the Executive to appeal to the Board a decision of the Board within sixty (60) days after notification by the Board that the Executive’s 's claim has been denied. b. 14.2. Any further dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by arbitration in New YorkBoston, Massachusetts in accordance with the rules of the American Arbitration Association then in effect; provided, however, that the evidentiary standards -------- ------- set forth in this Agreement shall apply. Judgment may be entered on the arbitrator’s 's award in any court having jurisdiction. Notwithstanding any provision of this Agreement to the contrary, the Executive shall be entitled to seek specific performance of the Executive’s 's right to be paid until the Date of Termination during the pendency of any dispute or controversy arising under or in connection with this Agreement.

Appears in 1 contract

Samples: Severance Agreement (Gsi Lumonics Inc)

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