Common use of The Arbitration Hearing Clause in Contracts

The Arbitration Hearing. The parties at the arbitration hearing will include the arbitrator, YOU, US and/or a third party designated by YOU or US or acting on YOUR or OUR behalf. Any party to the proceeding may be represented at the hearing. All persons who are parties to the arbitration, as well as representatives and witnesses, are entitled to attend hearings. After evidence is presented by YOU, US or YOUR or OUR representatives, a decision will be rendered by the arbitrator. The decision is final and binding on YOU and US. The arbitrator may grant any remedy, including statutory remedies, and other relief that the arbitrator deems just and equitable and within the scope of this LIMITED WARRANTY or other applicable agreements. The arbitrator will decide any dispute between the parties, as described above. Where a CONSTRUCTION DEFECT is alleged, the arbitrator will determine whether the alleged CONSTRUCTION DEFECT exists and whether it is OUR responsibility. If the arbitrator finds US responsible for a CONSTRUCTION DEFECT, WE shall be obligated to perform in accordance with OUR Warranty Obligations as described in Section II above. In connection with a CONSTRUCTION DEFECT dispute, the arbitrator retains jurisdiction and authority to decide any dispute as to the required scope of repair and the cost to repair the CONSTRUCTION DEFECT. In deciding such disputes, the arbitrator considers the terms of this LIMITED WARRANTY, any third-party evaluations, binding bids for repair work supplied by either of the parties, any estimates of diminished fair market value, and such other information submitted by the parties and deemed relevant by the arbitrator. Except where otherwise directed by the arbitrator’s award, the decision to repair, replace, or to make payment to YOU in lieu of repair or replacement is at OUR or OUR authorized representative’s sole option. The arbitrator will also render a decision as to any other claims, disputed matters or issues stated in the Binding Arbitration Request Form.

The Arbitration Hearing. The parties at the arbitration hearing will include the arbitrator, YOUBuyer, US Seller and/or a third party designated by YOU Buyer or US Seller or acting on YOUR Buyer or OUR Seller’s behalf. Any party to the proceeding may be represented at the hearing. All persons who are parties to the arbitration, as well as representatives and witnesses, are entitled to attend hearings. After evidence is presented by YOUBuyer, US Seller or YOUR Buyer’s or OUR Seller’s representatives, a decision will be rendered by the arbitrator. The decision is final and binding on YOU Buyer and USSeller. The arbitrator may grant any remedy, including statutory remedies, and other relief that the arbitrator deems just and equitable and within the scope of this LIMITED WARRANTY Limited Warranty or other applicable agreements. The arbitrator will decide any dispute between the parties, as described above. Where a CONSTRUCTION DEFECT Condition or Construction Defect is alleged, the arbitrator will determine whether the alleged CONSTRUCTION DEFECT Condition or Construction Defect exists and whether it is OUR Seller’s responsibility. If the arbitrator finds US Seller responsible for a CONSTRUCTION DEFECTCondition or Construction Defect, WE Seller shall be obligated to perform in accordance with OUR Seller’s Warranty Obligations as described in Section II above. In connection with a CONSTRUCTION DEFECT Condition or Construction Defect dispute, the arbitrator retains jurisdiction and authority to decide any dispute as to the required scope of repair and the cost to repair the CONSTRUCTION DEFECTCondition or Construction Defect. In deciding such disputes, the arbitrator considers the terms of this LIMITED WARRANTYLimited Warranty, any third-party evaluations, binding bids for repair work supplied by either of the parties, any estimates of diminished fair market value, and such other information submitted by the parties and deemed relevant by the arbitrator. Except where otherwise directed by the arbitrator’s award, the decision to repair, replace, or to make payment to YOU Buyer in lieu of repair or replacement is at OUR Seller or OUR Seller’s authorized representative’s sole option. The arbitrator will also render a decision as to any other claims, disputed matters or issues stated in the Binding Arbitration Request Form.

The Arbitration Hearing. The parties at the arbitration hearing will include the arbitrator, YOU, US and/or a third party designated by YOU or US or acting on YOUR or OUR behalf. Any party to the proceeding may be represented at the hearing. All persons who are parties to the arbitration, as well as representatives and witnesses, are entitled to attend hearings. After evidence is presented by YOU, US or YOUR or OUR representatives, a decision will be rendered by the arbitrator. The decision is final and binding on YOU and US. The arbitrator may may, to the extent permitted by law, grant any remedy, including statutory remedies, and other remedy or relief that the arbitrator deems just and equitable and within the scope of this LIMITED WARRANTY or other applicable agreements, including statutory remedies. The arbitrator will decide any dispute between the parties, as described above. Where a CONSTRUCTION DEFECT is alleged, the arbitrator first will determine whether the any claimed or alleged CONSTRUCTION DEFECT exists and whether it is OUR responsibility. If Second, if the arbitrator finds US responsible for a CONSTRUCTION DEFECT, WE shall be obligated the arbitrator will determine the scope of any repair or replacement, the cost of any such repair or replacement pursuant to a binding bid(s) to perform in accordance with OUR Warranty Obligations as described in Section II above. In connection with a CONSTRUCTION DEFECT disputethe repair or replacement, the arbitrator retains jurisdiction and authority to decide any dispute as to the required scope of repair and the cost to repair the CONSTRUCTION DEFECT. In deciding such disputes, the arbitrator considers the terms of this LIMITED WARRANTY, any third-party evaluations, binding bids for repair work supplied by either of the parties, any estimates of diminished diminution in fair market value, and if any, caused by such other information submitted by the parties and deemed relevant CONSTRUCTION DEFECT. Unless otherwise directed by the arbitrator’s award, WE shall, based upon the arbitrator’s decision, choose whether WE shall (1) repair, replace the CONSTRUCTION DEFECT, (2) pay to YOU the actual amount it would cost US to repair or replace the CONSTRUCTION DEFECT or (3) PAY to YOU an amount equal to the diminution in fair market value caused by the CONSTRUCTION DEFECT. Except where otherwise directed by the arbitrator’s award, the decision to repair, replace, or to make payment to YOU in lieu of repair or replacement is at OUR or OUR authorized representative’s sole option. The In addition, the arbitrator will also shall render a decision as to resolving any other claims, disputed matters or issues stated in the Binding Arbitration Request FormForm related to or arising from this LIMITED WARRANTY, the design or construction of the HOME or the COMMON ELEMENTS or the sale of the HOME or transfer of title to the COMMON ELEMENTS.