Submission to Binding Arbitration. (a) If the Parties are unable to resolve a General Dispute through the Negotiation Procedure or the Mediation Procedure, then following termination of the mediation, or, if no Mediation Notice is given, following failure of negotiations as provided in Section 3.3:
(i) either Party (the “Notifying Party”) may submit the General Dispute to binding arbitration under this Section 5 and give Notice to the other Party (the “Notified Party”) of such submission (an “Arbitration Notice”); or
(ii) if Section 5.1(e) does not apply, either Party may elect, by giving notice thereof to the other Party, to proceed with resolution of the General Dispute pursuant to Section 2.1(b)(ii)(B).
(b) A Notified Party may consent to arbitration of the Dispute referred to in the Arbitration Notice by giving a Consent to Arbitration within 10 Business Days after the day the Arbitration Notice was given.
(c) If the Notified Party does not give a Consent to Arbitration within 10 Business Days after the day the Arbitration Notice was given, the Notified Party will be deemed to have given a Consent to Arbitration on the last day of such 10 Business Day period.
(d) If the Notified Party delivers a Non-Consent to Arbitration with 10 Business Days after the day the Arbitration Notice was given, Section 2.1(b)(ii)(B) will apply.
(e) Notwithstanding Sections 5.1(b), 5.1(c) and 5.1(d), where under the Agreement the Parties are deemed to have agreed pursuant to this Section 5.1 to resolve the Dispute by arbitration, the Notified Party will be deemed to have given a Consent to Arbitration on the day the Arbitration Notice is given.
(f) When a Notifying Party has given an Arbitration Notice and the Notified Party has given or been deemed pursuant to Section 5.1(c) or 5.1(e) to have given a Consent to Arbitration, the Dispute referred to in the Arbitration Notice shall be resolved by arbitration pursuant to this Section 5. The arbitration will be subject to the Arbitration Act and conducted in accordance with the Code, as supplemented and modified by this Section 5.
Submission to Binding Arbitration. (a) If the matters raised in a Notice provided pursuant to section 9.1(a) or (b) herein are not resolved within thirty (30) days of the initial meet and confer required by section 9.2, either party may submit the unresolved matters to binding arbitration as set forth herein.
Submission to Binding Arbitration. 5.3.1. If the matters raised in a Notice provided pursuant to section 5.1 herein are not resolved within sixty (60) days of the initial meet and confer required by section 5.2, either party may submit the unresolved matters to binding arbitration as set forth herein.
5.3.2. Arbitration shall be held before a single arbitrator in good standing of JAMS provided that s/he is available to schedule a hearing on the matter within sixty (60) days of the submission to binding arbitration and to render a written decision on the matter within sixty (60) days of the first hearing date. Either party may conduct discovery relevant to the disputed issue, in accordance with JAMS’ rules.
Submission to Binding Arbitration. 9.5.1 If the matters raised in a Notice are not resolved within sixty (60) days of the initial meet and confer and the Parties have failed to (i) agree in good faith on a mediator, or (ii) failed to resolve the matter through non-binding mediation, either Party may submit the unresolved matters to binding arbitration as set forth in this section.
9.5.2 Arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, except as otherwise set forth in the Confidential Addendum executed concurrently herewith, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
9.5.3 The terms of this Agreement, and the provisions thereof, shall be interpreted and applied pursuant to the ADA, and, if the ADA and applicable case law thereunder does not provide guidance, pursuant to the laws of the State of Illinois and/or applicable local ordinances.
Submission to Binding Arbitration. (a) If the matters raised in a Notice provided pursuant to section 13.2 herein are not resolved within thirty (30) days of the initial meet and confer required by section 13.4, either party may submit the unresolved matters to binding arbitration as set forth herein. The arbitrator shall also have the power to modify the Agreement upon a finding that the standards set forth in Sections 11 or 12 have been met. 13.5(b) Arbitration shall be held before the Xxxxxxxxx Xxxxxx Xxxxx of JAMS provided that he is available to schedule a hearing on the matter within sixty (60) days of the submission to binding arbitration and to render a written decision on the matter within ninety (90) days of the first hearing date. If Judge Xxxxx is unavailable, the arbitration shall be held before Judge Xxxxxx Xxxxxxxxx of JAMS provided he can meet this time schedule. If neither Judge Xxxxx nor Judge
Submission to Binding Arbitration. By execution of this Agreement, the parties to this Agreement expressly agree that upon the request of any party, whether made before or after the institution of any legal proceeding, any action, dispute, claim or controversy of any kind, whether in contract or in tort, statutory or common law, legal or equitable, arising between or among the parties with respect to this Agreement (each, a "Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association (the "AAA") and held in Dallas, Texas.
Submission to Binding Arbitration. (a) If the matters raised in a Notice provided pursuant to this section are not resolved within thirty (30) days of the initial meet and confer required by section 6.2, either party may submit the unresolved matters to binding arbitration as set forth herein.
(b) Any dispute arising out of or relating to this Agreement or the breach, termination or validity thereof, shall be finally settled by arbitration conducted in accordance with the American Arbitration Association Commercial Arbitration Rules, except as set forth in section 6.4(c), below. Arbitration shall be conducted by three independent and impartial arbitrators, of whom each party shall appoint one. Such arbitration will take place in either San Francisco or Oakland, California. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Submission to Binding Arbitration. (a) If the matters raised in a Notice provided pursuant to Section 9.1 herein are not resolved within thirty (30) days of the initial meet and confer required by Section 9.2 herein, either party may submit the unresolved matters to binding arbitration as set forth in this section.
(b) Arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, except as otherwise set forth in the Confidential Addendum executed concurrently herewith, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
(c) The terms of this Agreement, and the provisions thereof, shall be interpreted and applied pursuant to the ADA, and, if the ADA does not provide guidance, pursuant to the laws of the State of Illinois.
Submission to Binding Arbitration. (a) If the matters raised in a Notice provided pursuant to Section 8.1(a) or 8.1(b) herein are not resolved within thirty (30) days of the initial meet and
(b) Arbitration shall take place in California and shall be held before a mutually agreed upon arbitrator. In the event the parties are unable to
Submission to Binding Arbitration. 7.4.1 If the matters raised in a Notice provided pursuant to Section 7.1(a) or (b) herein are not resolved within thirty (30) days of the initial meet and confer required by Section 7.2, either party may submit the unresolved matters to binding arbitration as set forth herein.
7.4.2 Arbitration shall be held before an arbitrator or arbitrators agreed to by the parties, provided that the arbitrator/s are available to schedule a hearing on the matter within thirty (30) days of the submission to binding arbitration and to render a written decision on the matter within sixty (60) days of the first hearing date. If the Parties are unable to agree on an arbitrator or arbitrators, then the matter shall be submitted to tripartite arbitration. In this event, each party shall
