Common use of Submission to Arbitration Clause in Contracts

Submission to Arbitration. Any Dispute submitted to arbitration after a failure by the parties to resolve such Dispute as set forth above shall be finally settled under the Rules of Arbitration (the "Rules") of the International Chamber of Commerce ("ICC") by three arbitrators appointed in accordance with said Rules. The parties shall each nominate an arbitrator within fifteen (15) days of the date the written request for arbitration is received by the Secretariat of the ICC. The two (2) party-nominated arbitrators shall nominate a third arbitrator who will be the chairman of the Arbitral Tribunal. If the party-nominated arbitrators fail to nominate the third arbitrator within fifteen (15) days after the nomination of the second arbitrator, the third arbitrator will be appointed by the ICC in accordance with its Rules. The place of arbitration shall be Denver, Colorado. The language of the arbitration shall be English. The Arbitral Tribunal's award may include injunctive relief, including orders of specific performance. The award shall be final and binding. No party shall seek recourse to a court of law, or other authorities, to appeal or otherwise set aside the award (except in seeking temporary restraining orders or preliminary injunctions, or their equivalent, as set forth above). All proceedings in the arbitration shall be scheduled and conducted so that the award shall be rendered by the Arbitral Tribunal as expeditiously as possible. The Arbitral Tribunal, in its discretion, may consolidate two (2) or more arbitrations or Disputes between the parties to this Agreement into one arbitration, or terminate any such consolidation and/or establish other arbitration proceedings for different Disputes that may arise in any one arbitration. The Arbitral Tribunal shall consolidate arbitrations and/or Disputes, if it determines that it would be more efficient to consolidate such arbitrations and/or Disputes than to continue them separately and (i) there are matters of fact or law that are common to the arbitrations and/or Disputes to be consolidated, (ii) there are related payment and performance obligations considered in the arbitrations and/or Disputes to be consolidated or (iii) there is a danger of inconsistent awards.

Submission to Arbitration. Any Dispute submitted 44.1.1 Except as provided below, any controversy, dispute or claim of whatsoever nature arising out of, in connection with, or in relation to arbitration after a failure by the parties to resolve such Dispute as set forth above interpretation, performance or breach of this Lease, including any claim based on contract, tort or statute, shall be finally settled under the Rules of Arbitration (the "Rules") of the International Chamber of Commerce ("ICC") determined by three arbitrators appointed final and binding, confidential arbitration in accordance with said the then current CPR Institute for Dispute Resolution Rules for Non-Administered Arbitration of Business Disputes (“CPR”), by a sole arbitrator mutually selected by Landlord and Tenant from among the CPR Panel of Distinguished Neutrals; provided, however, that if the CPR (or any successor organization thereto) no longer exists, then such arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its then-existing Commercial Arbitration Rules, and the sole arbitrator shall be selected in accordance with such AAA rules. The parties Any arbitration hereunder shall each nominate be governed by the United States Arbitration Act, 9 U.S.C. 1-16 (or any successor legislation thereto), and judgment upon the award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. If Landlord and Tenant are not able to agree on an arbitrator, then an arbitrator within fifteen (15) days of the date the written request for arbitration is received by the Secretariat of the ICC. The two (2) party-nominated arbitrators shall nominate a third arbitrator who will be the chairman of the Arbitral Tribunal. If the party-nominated arbitrators fail to nominate the third arbitrator within fifteen (15) days after the nomination of the second arbitrator, the third arbitrator will be appointed by the ICC CPR or AAA upon application by either party. The cost of the arbitrator and the expenses relating to the arbitration (exclusive of legal fees) shall be borne equally by Landlord and Tenant unless otherwise specified in the award of the arbitrator. Such fees and costs paid or payable to the arbitrator shall be included in “costs and reasonable attorneys’ fees” for purposes of Section 42.1 and the arbitrator shall specifically have the power to award to the prevailing party pursuant to such Section 42.1 such party’s costs and expenses incurred in such arbitration, including fees and costs paid to the arbitrator. 44.1.2 The provisions of this Section shall not apply to: (a) Any unlawful detainer or other similar summary or expedited proceeding for ejectment or recovery of possession of the Premises instituted by Landlord in accordance with its Rulesapplicable Legal Requirements as the result of an Event of Default or alleged Event of Default by Tenant pursuant to this Lease, and any compulsory counterclaim of Tenant with respect thereto. The place of arbitration In addition, if permitted by applicable Legal Requirements, Landlord shall be Denver, Colorado. The language of the arbitration shall be English. The Arbitral Tribunal's award may include injunctive reliefentitled in connection with any such proceeding to seek any damages to which it is entitled at law, including orders those set forth in Section 16. (b) Any specific controversy, dispute, question or issue as to which this Lease specifically provides another method of specific performance. The award shall be determining such controversy, dispute, question or issue and provides that a determination pursuant to such method is final and binding. No party shall seek recourse , unless both Landlord and Tenant agree in writing to waive such procedure and proceed instead pursuant to this Section. (c) Any request or application for an order or decree granting any provisional or ancillary remedy (such as a court of law, or other authorities, to appeal or otherwise set aside the award (except in seeking temporary restraining orders order or injunction) with respect to any right or obligation of either party to this Lease, and any preliminary injunctionsdetermination of the underlying controversy, dispute, question or their equivalentissue as is required to determine whether or not to grant such relief. A final and binding determination of such underlying controversy, as set forth above). All proceedings in the arbitration dispute, question or issue shall be scheduled and made by an arbitration conducted so that the award shall be rendered by the Arbitral Tribunal as expeditiously as possible. The Arbitral Tribunal, in its discretion, may consolidate two (2) or more arbitrations or Disputes between the parties pursuant to this Agreement into one arbitration, Section after an appropriate transfer or terminate any such consolidation and/or establish other arbitration proceedings for different Disputes that may arise in any one arbitration. The Arbitral Tribunal shall consolidate arbitrations and/or Disputes, if it determines that it would be more efficient to consolidate such arbitrations and/or Disputes than to continue them separately and (i) there are matters of fact or law that are common reference to the arbitrations and/or Disputes arbitrator selected pursuant to be consolidated, this Section upon motion or application of either party hereto. Any ancillary or provisional relief which is granted pursuant to this clause (iic) there are related payment shall continue in effect pending an arbitration determination and performance obligations considered in the arbitrations and/or Disputes entry of judgment thereon pursuant to be consolidated or (iii) there is a danger of inconsistent awardsthis Section.

Submission to Arbitration. Any Dispute submitted to arbitration after a failure (a) If an Arbitration Matter is not resolved by the parties to resolve such Dispute discussion as set forth above shall be finally settled under the Rules of Arbitration (the "Rules") of the International Chamber of Commerce ("ICC") by three arbitrators appointed in Section 11.1(b), then any applicable Party may, in accordance with said Rulesthe applicable rules of JAMS, submit the Arbitration Matter to a single Qualified Arbitrator at JAMS in the City. The parties Party requesting arbitration shall each nominate an arbitrator within fifteen do so by giving notice to that effect to the other Party or Parties affected (15) days the “Arbitration Notice”). The Arbitration Notice must include a summary of the date issue in dispute and the written request for reasons why the Party giving the Arbitration Notice believes that the other Party is in breach. (b) The Parties will cooperate with JAMS and with one another in selecting a mutually acceptable arbitrator with appropriate expertise in the Arbitration Matter from a JAMS panel of neutrals, and in scheduling the arbitration is received by the Secretariat of the ICC. The two (2) party-nominated arbitrators shall nominate a third arbitrator who will be the chairman of the Arbitral Tribunalproceedings as quickly as feasible. If the party-nominated Parties are not able to agree upon the arbitrator, then each will select one arbitrator, and the two selected arbitrators fail to nominate the shall select a third arbitrator. The third arbitrator selected shall resolve such dispute in accordance with the laws of the State pursuant to the JAMS Streamlined Arbitration Rules and Procedures. (c) The Parties shall bear their own attorneys’ fees, costs and expenses during the arbitration proceedings and each Party shall bear one-half of the costs assessed by JAMS. The Parties shall use good faith efforts to conclude the arbitration within fifteen thirty (1530) days after selection of the arbitrator, and the arbitrator shall be requested to render a written decision and/or award consistent with, based upon and subject to the requirements of this Agreement (including the available remedies set forth in Article 12) within ten (10) days after the nomination of the second arbitrator, the third arbitrator will be appointed final submission by the ICC in accordance with its RulesParties to the arbitrator. The place arbitrator shall have no right to modify any provision of arbitration this Agreement. If a Party chooses to submit any documents or other written communication to the arbitrator or JAMS, it shall deliver a complete and accurate copy to the other Party at the same time it submits the same to the arbitrator or JAMS which shall in no event be Denver, Coloradolater than five (5) days before the date of arbitration. The language Neither Party shall communicate orally with the arbitrator regarding the subject matter of the arbitration without the other Party present. (d) Subject to the provisions of this Section 11.2, the Parties will cooperate to provide all appropriate information to the arbitrator. The arbitrator will report his or her determination in writing, supported by the reasons for the determination. As part of that determination, the arbitrator shall have the power to determine which Party or Parties prevailed, wherein the prevailing Party or Parties shall recover all of their reasonable fees, costs and expenses (including the fees and costs of attorneys as provided in Section 19.5) from the non- prevailing Party, to be paid within ten (10) days after the final decision of the arbitrator with regard to such fees, costs and expenses. If no Party is deemed the “prevailing party” the Parties shall split costs of the arbitration equally and shall bear their own costs and attorneys’ fees. Except as provided in sections 1286.2, 1286.4, 1286.6 and 1286.8 of the California Code of Civil Procedure, the determination by the arbitrator shall be Englishconclusive, final and binding on the Parties. The Arbitral Tribunal's arbitrator’s decision and/or award may include injunctive relief, including orders of specific performance. The award be entered as a judgment in any court having competent jurisdiction and shall be constitute a final and binding. No party shall seek recourse to a court of law, or other authorities, to appeal or otherwise set aside the award (except in seeking temporary restraining orders or preliminary injunctions, or their equivalent, judgment as set forth above). All proceedings in the arbitration shall be scheduled and conducted so that the award shall be rendered by the Arbitral Tribunal as expeditiously as possible. The Arbitral Tribunal, in its discretion, may consolidate two (2) or more arbitrations or Disputes between the parties to this Agreement into one arbitration, or terminate any such consolidation and/or establish other arbitration proceedings for different Disputes Parties and in that may arise in any one arbitration. The Arbitral Tribunal shall consolidate arbitrations and/or Disputes, if it determines that it would be more efficient to consolidate such arbitrations and/or Disputes than to continue them separately and (i) there are matters of fact or law that are common to the arbitrations and/or Disputes to be consolidated, (ii) there are related payment and performance obligations considered in the arbitrations and/or Disputes to be consolidated or (iii) there is a danger of inconsistent awardscourt.

Submission to Arbitration. Any Dispute submitted (a) Either Party may request arbitration by submitting a written request to the other Party. The written request for arbitration after must include the requesting Party's choice of a failure by Layman to serve as arbitrator. (x) The Party receiving the parties notice must respond to resolve such Dispute as set forth above shall be finally settled under the Rules of Arbitration (the "Rules") requesting Party within 15 days of the International Chamber receipt of Commerce ("ICC") by three arbitrators appointed in accordance with said Rulesthe notice. The parties shall each nominate an arbitrator response must include its own choice of a Layman to serve as arbitrator. (x) The two Laymen must meet within fifteen (15) 15 days of the date the written request for arbitration is received by the Secretariat of the ICCresponse letter to choose an attorney to serve as the third arbitrator. The two (2) party-nominated arbitrators shall nominate Laymen must use reasonable efforts to choose a third arbitrator who will be the chairman impartial and independent of the Arbitral TribunalParties. If the party-nominated arbitrators fail to nominate the third arbitrator The arbitration will commence within fifteen (15) 30 days after the nomination third member of the second arbitration panel is selected. (d) If the responding Party fails or refuses to appoint an arbitrator, or the Laymen are unable to agree upon a third arbitrator, either Party may request a Judge from the federal or state court of competent jurisdiction in Salt Lake County, Utah or such other person designated by such Judge to select an arbitrator or arbitrators, as the case may be, as soon as possible. (e) Any arbitration hearing, if one is desired by the arbitration panel, must be held in the State of Utah. The arbitration panel may elect to conduct the proceeding by written submissions from the Parties with exhibits, including interrogatories, supplemented with appearances by the Parties as the arbitration panel may desire. The arbitration proceeding, subject only to the terms hereof, should be conducted informally and expeditiously and in such a manner as to result in a good faith resolution as soon as reasonably possible under the circumstances. (f) The award, and any other decision by the arbitration panel, must be by majority vote of the arbitrators. The decision of the arbitration panel with respect to any disputed matters submitted to the arbitration panel will be reduced to writing, signed by each arbitrator and binding on the parties. Judgment upon the award(s) rendered by the arbitration panel may be entered and execution had in any court of competent jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement. (g) Each Party will bear their own legal fees and other costs incurred in presenting their respective cases, and the fees and expenses of the arbitrator appointed by that Party. The charges and expenses of the third arbitrator will be appointed shared equally by the ICC in accordance with its Rules. The place of arbitration shall be Denver, Colorado. The language of the arbitration shall be English. The Arbitral Tribunal's award may include injunctive relief, including orders of specific performance. The award shall be final and binding. No party shall seek recourse to a court of law, or other authorities, to appeal or otherwise set aside the award (except in seeking temporary restraining orders or preliminary injunctions, or their equivalent, as set forth above). All proceedings in the arbitration shall be scheduled and conducted so that the award shall be rendered by the Arbitral Tribunal as expeditiously as possible. The Arbitral Tribunal, in its discretion, may consolidate two (2) or more arbitrations or Disputes between the parties to this Agreement into one arbitration, or terminate any such consolidation and/or establish other arbitration proceedings for different Disputes that may arise in any one arbitration. The Arbitral Tribunal shall consolidate arbitrations and/or Disputes, if it determines that it would be more efficient to consolidate such arbitrations and/or Disputes than to continue them separately and (i) there are matters of fact or law that are common to the arbitrations and/or Disputes to be consolidated, (ii) there are related payment and performance obligations considered in the arbitrations and/or Disputes to be consolidated or (iii) there is a danger of inconsistent awardsParties.

Submission to Arbitration. (a) Any party may request arbitration by submitting a written request to the other party describing the Dispute submitted to be arbitrated. The written request for arbitration after must include the requesting party’s choice of a failure by party arbitrator. (b) The party receiving the parties notice must respond to resolve such Dispute as set forth above shall be finally settled under the Rules requesting party within 15 days of Arbitration (the "Rules") its receipt of the International Chamber of Commerce ("ICC") by three arbitrators appointed in accordance with said Rulesnotice. The parties shall each nominate an arbitrator response must include its own choice of a party arbitrator. (c) The two arbitrator’s so appointed must meet within fifteen (15) 15 days of the date the written request for arbitration is received by the Secretariat of the ICCrequesting party’s receipt of other party’s response letter to choose an attorney to serve as the third arbitrator. The two (2) party-nominated party arbitrators shall nominate must use reasonable efforts to choose a third arbitrator who will be the chairman impartial and independent of the Arbitral Tribunalparties. If the party-nominated arbitrators fail to nominate the third arbitrator The arbitration will commence within fifteen (15) 30 days after the nomination third member of the second arbitration panel is selected. (d) If the responding party fails or refuses to appoint an arbitrator, or the party arbitrators are unable to agree upon a third arbitrator, either party to this Agreement may request the Chief U.S. District Court Judge for the Northern District of Texas or such other person designated by such judge to select an arbitrator as soon as possible. (e) Any arbitration hearing, if one is desired by the arbitration panel, must be held in Dallas, Texas. The arbitration panel may elect to conduct the proceeding by written submissions from the parties with exhibits, including interrogatories, supplemented with appearances by the parties as the arbitration panel may desire. The arbitration proceeding, subject only to the terms hereof, should be conducted informally and expeditiously and in such a manner as to result in a good faith resolution as soon as reasonably possible under the circumstances. The arbitration will be conducted in accordance with the most current CPR Institute for Dispute Resolution rules. (f) The award, and any other decision by the arbitration panel, must be by majority vote of the arbitrators. The decision of the arbitration panel with respect to any Dispute submitted to the arbitration panel will be reduced to writing, signed by each arbitrator and binding on the parties. Judgment upon the award(s) rendered by the arbitration panel may be entered and execution had in any court of competent jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement. (g) Each party will bear its own legal fees and other costs incurred in presenting its respective case, and the fees and expenses of the arbitrator appointed by that party. The charges and expenses of the third arbitrator will be appointed shared equally by the ICC in accordance with its Rules. The place of arbitration shall be Denver, Colorado. The language of the arbitration shall be English. The Arbitral Tribunal's award may include injunctive relief, including orders of specific performance. The award shall be final Buyer and binding. No party shall seek recourse to a court of law, or other authorities, to appeal or otherwise set aside the award (except in seeking temporary restraining orders or preliminary injunctions, or their equivalent, as set forth above). All proceedings in the arbitration shall be scheduled and conducted so that the award shall be rendered by the Arbitral Tribunal as expeditiously as possible. The Arbitral Tribunal, in its discretion, may consolidate two (2) or more arbitrations or Disputes between the parties to this Agreement into one arbitration, or terminate any such consolidation and/or establish other arbitration proceedings for different Disputes that may arise in any one arbitration. The Arbitral Tribunal shall consolidate arbitrations and/or Disputes, if it determines that it would be more efficient to consolidate such arbitrations and/or Disputes than to continue them separately and (i) there are matters of fact or law that are common to the arbitrations and/or Disputes to be consolidated, (ii) there are related payment and performance obligations considered in the arbitrations and/or Disputes to be consolidated or (iii) there is a danger of inconsistent awardsSeller.

Submission to Arbitration. Any Dispute dispute arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration before the American Arbitration Association (the “AAA”) in accordance with the AAA Commercial Arbitration Rules in effect at the time the dispute is submitted to arbitration after a failure by (the parties to resolve such Dispute as set forth above “AAA Commercial Rules”). To the extent any provision of this Section 10.5 may conflict with the AAA Commercial Rules, this Section 10.5 shall be finally settled under the Rules controlling. The arbitration shall be held before a panel of Arbitration three (the "Rules"3) arbitrators consisting of one (1) arbitrator selected by each of the International Chamber of Commerce ("ICC") by three arbitrators appointed in accordance with said Rules. The parties shall each nominate an arbitrator within fifteen (15) days of Seller and the date the written request for arbitration is received by the Secretariat of the ICC. The two (2) party-nominated arbitrators shall nominate a third arbitrator who will be the chairman of the Arbitral Tribunal. If the party-nominated arbitrators fail to nominate the third arbitrator Purchaser within fifteen (15) days after the nomination filing of the second arbitratornotice of arbitration and the third, who shall serve as chairperson of the third panel, then selected by the two (2) party-appointed arbitrators within (30) days after their appointment. If any arbitrator will is not appointed within these timeframes, such arbitrator shall be appointed by the ICC AAA. Any arbitrator selected or otherwise assigned to decide a matter hereunder, shall be a licensed attorney with at least ten (10) years of experience in litigating mergers and acquisitions transactions, but with no prior, existing or potential business relationship with any of the parties hereto or any of their respective Affiliates, attorneys or other 66 advisors and who shall be appointed in accordance with its the AAA Commercial Rules. The place Parties agree that a court reporter will record the arbitration proceedings and that the reporter’s record will be the agreed transcript of arbitration the proceedings. The arbitrators shall specify the basis for their decision, the basis of any damages award and a breakdown of any damages awarded, and the basis of any other remedy authorized under this Agreement, including but not limited to specific performance or injunctive relief. The decision of the arbitrators shall be Denverconsidered as a final and binding resolution of the disagreement, Coloradoshall not be subject to appeal and may be entered as a judgment and enforced in any court of competent jurisdiction. The exclusive language to be used for the arbitral proceedings and documentation shall be English and the seat of the arbitration shall be EnglishXxx Xxxx Xxxx, Xxx Xxxx, Xxxxxx Xxxxxx of America. Any arbitration proceeding hereunder shall be conducted on a confidential basis. The Arbitral Tribunal's award may include injunctive relief, including orders arbitrators shall apply the substantive laws of specific performancethe State of New York in interpreting and resolving disputes. The award Seller and the Purchaser shall agree in good faith upon what, if any, discovery shall be final permitted. If the Seller and binding. No party shall seek recourse to a court the Purchaser cannot agree on the form and scope of lawdiscovery within thirty (30) days after the appointment of the arbitrators, or other authorities, to appeal or otherwise set aside the award (except in seeking temporary restraining orders or preliminary injunctions, or their equivalent, as set forth above). All proceedings in the arbitration then discovery shall be scheduled and conducted so that in accordance with the award shall be rendered by the Arbitral Tribunal as expeditiously as possible. The Arbitral Tribunal, in its discretion, may consolidate two (2) or more arbitrations or Disputes between the parties to this Agreement into one arbitration, or terminate any such consolidation and/or establish other arbitration proceedings for different Disputes that may arise in any one arbitration. The Arbitral Tribunal shall consolidate arbitrations and/or Disputes, if it determines that it would be more efficient to consolidate such arbitrations and/or Disputes than to continue them separately and (i) there are matters of fact or law that are common to the arbitrations and/or Disputes to be consolidated, (ii) there are related payment and performance obligations considered in the arbitrations and/or Disputes to be consolidated or (iii) there is a danger of inconsistent awardsAAA Commercial Rules.

Submission to Arbitration. (a) Any party may request arbitration by submitting a written request to the other party describing the Dispute submitted to be arbitrated. The written request for arbitration after must include the requesting party’s choice of a failure by party arbitrator. (b) The party receiving the parties notice must respond to resolve such Dispute as set forth above shall be finally settled under the Rules requesting party within 15 days of Arbitration (the "Rules") its receipt of the International Chamber of Commerce ("ICC") by three arbitrators appointed in accordance with said Rulesnotice. The parties shall each nominate an arbitrator response must include its own choice of a party arbitrator. (c) The two arbitrator’s so appointed must meet within fifteen (15) 15 days of the date the written request for arbitration is received by the Secretariat of the ICCrequesting party’s receipt of other party’s response letter to choose an attorney to serve as the third arbitrator. The two (2) party-nominated party arbitrators shall nominate must use reasonable efforts to choose a third arbitrator who will be the chairman impartial and independent of the Arbitral Tribunalparties. If the party-nominated arbitrators fail to nominate the third arbitrator The arbitration will commence within fifteen (15) 30 days after the nomination third member of the second arbitration panel is selected. (d) If the responding party fails or refuses to appoint an arbitrator, or the party arbitrators are unable to agree upon a third arbitrator, either party to this Agreement may request the Chief U.S. District Court Judge for the Northern District of Texas or such other person designated by such judge to select an arbitrator as soon as possible. (e) Any arbitration hearing, if one is desired by the arbitration panel, must be held in Dallas, Texas. The arbitration panel may elect to conduct the proceeding by written submissions from the parties with exhibits, including interrogatories, supplemented with appearances by the parties as the arbitration panel may desire. The arbitration proceeding, subject only to the terms hereof, should be conducted informally and expeditiously and in such a manner as to result in a good faith resolution as soon as reasonably possible under the circumstances. The arbitration will be conducted in accordance with the most current CPR Institute for Dispute Resolution rules. (f) The award, and any other decision by the arbitration panel, must be by majority vote of the arbitrators. The decision of the arbitration panel with respect to any Dispute submitted to the arbitration panel will be reduced to writing, signed by each arbitrator and binding on the parties. Judgment upon the award(s) rendered by the arbitration panel may be entered and execution had in any court of competent jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement. (g) Each party will bear its own legal fees and other costs incurred in presenting its respective case, and the fees and expenses of the arbitrator appointed by that party. The charges and expenses of the third arbitrator will be appointed shared equally by the ICC in accordance with its Rules. The place of arbitration shall be Denver, Colorado. The language of the arbitration shall be English. The Arbitral Tribunal's award may include injunctive relief, including orders of specific performance. The award shall be final Xxxxx and binding. No party shall seek recourse to a court of law, or other authorities, to appeal or otherwise set aside the award (except in seeking temporary restraining orders or preliminary injunctions, or their equivalent, as set forth above). All proceedings in the arbitration shall be scheduled and conducted so that the award shall be rendered by the Arbitral Tribunal as expeditiously as possible. The Arbitral Tribunal, in its discretion, may consolidate two (2) or more arbitrations or Disputes between the parties to this Agreement into one arbitration, or terminate any such consolidation and/or establish other arbitration proceedings for different Disputes that may arise in any one arbitration. The Arbitral Tribunal shall consolidate arbitrations and/or Disputes, if it determines that it would be more efficient to consolidate such arbitrations and/or Disputes than to continue them separately and (i) there are matters of fact or law that are common to the arbitrations and/or Disputes to be consolidated, (ii) there are related payment and performance obligations considered in the arbitrations and/or Disputes to be consolidated or (iii) there is a danger of inconsistent awardsXxxxxx.

Submission to Arbitration. Any Dispute submitted 40.1.1 Except as provided below, any controversy, dispute or claim of whatsoever nature arising out of, in connection with, or in relation to arbitration after a failure by the parties to resolve such Dispute as set forth above interpretation, performance or breach of this Lease, including any claim based on contract, tort or statute, shall be finally settled under the Rules of Arbitration (the "Rules") of the International Chamber of Commerce ("ICC") determined by three arbitrators appointed final and binding, confidential arbitration in accordance with said the then current CPR Institute for Dispute Resolution Rules for Non-Administered Arbitration of Business Disputes (“CPR”), by a sole arbitrator mutually selected by Landlord and Tenant from among the CPR Panel of Distinguished Neutrals; provided, however, that if the CPR (or any successor organization thereto) no longer exists, then such arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its then-existing Commercial Arbitration Rules, and the sole arbitrator shall be selected in accordance with such AAA rules. The parties Any arbitration hereunder shall each nominate be governed by the United States Arbitration Act, 9 U.S.C. 1-16 (or any successor legislation thereto), and judgment upon the award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. If Landlord and Tenant are not able to agree on an arbitrator, then an arbitrator within fifteen (15) days of the date the written request for arbitration is received by the Secretariat of the ICC. The two (2) party-nominated arbitrators shall nominate a third arbitrator who will be the chairman of the Arbitral Tribunal. If the party-nominated arbitrators fail to nominate the third arbitrator within fifteen (15) days after the nomination of the second arbitrator, the third arbitrator will be appointed by the ICC CPR or AAA upon application by either party. The cost of the arbitrator and the expenses relating to the arbitration (exclusive of legal fees) shall be borne equally by Landlord and Tenant unless otherwise specified in the award of the arbitrator. Such fees and costs paid or payable to the arbitrator shall be included in “costs and reasonable attorneys’ fees” for purposes of Section 38.1 and the arbitrator shall specifically have the power to award to the prevailing party pursuant to such SECTION 38ection 38.1 such party’s costs and expenses incurred in such arbitration, including fees and costs paid to the arbitrator. 40.1.2 The provisions of this Section shall not apply to: (a) Any unlawful detainer or other similar summary or expedited proceeding for ejectment or recovery of possession of the Premises instituted by Landlord in accordance with its Rulesapplicable Legal Requirements as the result of an Event of Default or alleged Event of Default by Tenant pursuant to this Lease, and any compulsory counterclaim of Tenant with respect thereto. The place of arbitration In addition, if permitted by applicable Legal Requirements, Landlord shall be Denver, Colorado. The language of the arbitration shall be English. The Arbitral Tribunal's award may include injunctive reliefentitled in connection with any such proceeding to seek any damages to which it is entitled at law, including orders those set forth in SECTION 16. (b) Any specific controversy, dispute, question or issue as to which this Lease specifically provides another method of specific performance. The award shall be determining such controversy, dispute, question or issue and provides that a determination pursuant to such method is final and binding. No party shall seek recourse , unless both Landlord and Tenant agree in writing to waive such procedure and proceed instead pursuant to this Section. (c) Any request or application for an order or decree granting any provisional or ancillary remedy (such as a court of law, or other authorities, to appeal or otherwise set aside the award (except in seeking temporary restraining orders order or injunction) with respect to any right or obligation of either party to this Lease, and any preliminary injunctionsdetermination of the underlying controversy, dispute, question or their equivalentissue as is required to determine whether or not to grant such relief. A final and binding determination of such underlying controversy, as set forth above). All proceedings in the arbitration dispute, question or issue shall be scheduled and made by an arbitration conducted so that the award shall be rendered by the Arbitral Tribunal as expeditiously as possible. The Arbitral Tribunal, in its discretion, may consolidate two (2) or more arbitrations or Disputes between the parties pursuant to this Agreement into one arbitration, Section after an appropriate transfer or terminate any such consolidation and/or establish other arbitration proceedings for different Disputes that may arise in any one arbitration. The Arbitral Tribunal shall consolidate arbitrations and/or Disputes, if it determines that it would be more efficient to consolidate such arbitrations and/or Disputes than to continue them separately and (i) there are matters of fact or law that are common reference to the arbitrations and/or Disputes arbitrator selected pursuant to be consolidated, this Section upon motion or application of either party hereto. Any ancillary or provisional relief which is granted pursuant to this clause (iic) there are related payment shall continue in effect pending an arbitration determination and performance obligations considered in the arbitrations and/or Disputes entry of judgment thereon pursuant to be consolidated or (iii) there is a danger of inconsistent awardsthis Section.