TO ARBITRATION Sample Clauses

TO ARBITRATION. You and the Released Parties agree to submit any and all claims arising out of or related to the Activity (if for any reason not waived) to final and binding individual arbitration pursuant to the Commercial Dispute Resolution Procedures of the American Arbitration Association but excluding the AAA’s Supplementary Rules for Class Arbitration or any other amendment to those Procedures related to class arbitration. Without limiting the generality of this bilateral agreement to arbitrate, you and the Released Parties agree to arbitrate all statutory and common law claims arising out of or related to the Activity, including but not limited to any negligence or other tort claims, any claims for breach of express or implied contract, any claims for wages or other compensation, any claims alleging discrimination on any basis, and any other claims arising from or related to the Activity. You and the Released Parties agree that arbitration shall be conducted on an individual, non-collective, non-class, and non- representative basis (the “Class Action Waiver”). You understand that you and the Released Parties are waiving the right to a jury trial in court in favor of final and binding arbitration. The arbitration shall proceed in the county where the conduct giving rise to the dispute occurred. In the event that the foregoing Class Action Waiver is found to be unenforceable or contrary to law, then any claim brought on such a basis must be filed in a court of competent jurisdiction, and such court, and not arbitration, shall be the exclusive forum for such claims. Nothing in this Agreement shall interfere with any right you may have to file an administrative charge before a governmental agency.
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TO ARBITRATION. You and the Released Parties agree to submit any and all claims arising out of or related to the Activity (if for any reason not waived) to final and binding arbitration pursuant to the Commercial Dispute Resolution Procedures of the American Arbitration Association but excluding the AAA’s Supplementary Rules for Class Arbitration. Without limiting the generality of this bilateral agreement to arbitrate, you and the Released Parties agree to arbitrate all statutory and common law claims arising out of or related to the Activity, including but not limited to any negligence or other tort claims, any claims for breach of express or implied contract, any claims for wages or other compensation, and any other claims arising from or related to the Activity. You and the Released Parties agree that arbitration shall be conducted on an individual, non-collective, non-class, and non-representative basis (the “Class Action Waiver”). You understand that you and the Released Parties are waiving the right to a jury trial in court in favor of arbitration. The arbitration shall proceed in the county where the conduct giving rise to the dispute occurred. Nothing in this Agreement shall interfere with any right you may have to file an administrative charge before a governmental agency.
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TO ARBITRATION. If CSEA’s final decision is to not submit the matter to 12 Arbitration, the grievant may appeal the grievance to the Board of
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TO ARBITRATION. In the alternative, the City may elect to submit the unresolved issue(s) to Arbitration and maintain the status quo until the arbitration award is issued. The Arbitrator shall be selected and the hearing conducted in accordance with the provisions outlined below. If the City elects to maintain the status quo pending arbitration and the Union then elects to decline arbitration of the dispute, the City may implement its last offer to the Union.
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TO ARBITRATION. When a grievance has been presented and has not been dealt with to the satisfaction of the Union, the Union may refer such grievance to arbitration if it is a complaint concerning the interpretation, application, or alleged violation of the Collective Agreement, including any disciplinary measure or termination. When the Union decides to refer a grievance to arbitration, it shall the Company in writing. This notice shall be given not later than the thirtieth (30th) working day after the Union has received the reply of the Company. The time limits stipulated in this procedure may be extended by mutual agreement in writing between the Company and the Union. An arbitrator may the time for referring a grievance to arbitration, notwithstanding the expiration of such time, where the arbitrator or arbitration board is satisfied that there are reasonable grounds for the extension and that the other party not be prejudiced by the extension. Grievances referred to arbitration shall be heard by a sole arbitrator. The following persons shall act in rotation to hear grievances:
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TO ARBITRATION appearing in the fifth line of the third full paragraph thereof on page 29 of the Amherst Lease and substituting therefor the words "... for resolution..."
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TO ARBITRATION appearing on lines 11 and 12 on page 43 of the Amherst Lease and substituting therefor the words "...
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Related to TO ARBITRATION

  • No Arbitration Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York.

  • Mediation and Arbitration Any controversy, dispute or claim arising out of or relating to this Agreement or the performance, enforcement, breach, termination or validity thereof, including the determination of the scope of this Agreement to arbitrate, shall first be submitted to non-binding mediation and shall thereafter be determined by final binding arbitration, and not litigation, the agreed venue for mediation and arbitration being in Houston, Texas. The mediation process shall be administered by a mutually acceptable mediator selected in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). If any dispute remains unresolved between the parties after the mediation process has been completed, either party may then submit any such unresolved dispute to final and binding arbitration pursuant to the Commercial Arbitration rules of AAA, with all matters related to the enforceability of this arbitration agreement and any award rendered pursuant to this agreement to be governed by the Federal Arbitration Act, 9 U.S.C. Section 1-16. The Arbitration Tribunal shall be formed of three (3) arbitrators each of which shall have at least five (5) years’ experience in hotel operation, management, ownership or leasing, one (1) to be appointed by each party and the third (3rd) to be appointed by the American Arbitration Association. The arbitration panel may require and facilitate such discovery as it shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. The arbitration panel shall be empowered to subpoena non-party and party witnesses for deposition and hearing to the full extent provided under the AAA Rules and the Federal Arbitration Act (or the applicable state arbitration statute if the arbitration panel is appointed pursuant to a petition filed in state court). The arbitration panel may also direct the production of documents and other information and the advance identification of witnesses to be called and documents to be admitted. The arbitration panel may issue orders to protect the confidentiality of proprietary information, trade secrets and other sensitive information before it is required to be disclosed in discovery. In addition to monetary damages, or in lieu thereof, the arbitration panel shall have the power to grant all equitable relief (both by way of interim relief and as a part of its final award) as may be granted by any court in the state where the Hotel is located. Monetary damage liability shall be limited to actual damages; the parties hereby waive the right to claim and/or receive punitive damages or exemplary relief. The arbitration panel shall determine whether and to what extent any party is a prevailing party and shall award attorneys’ fees and expenses associated with the arbitration proceeding to the “prevailing party, if any. All proceedings shall be reported by a certified shorthand court reporter and written transcripts of the proceedings shall be prepared and made available to the parties. The fees of the arbitration panel, together with all costs and expenses incurred in conducting the arbitration (but excluding the parties’ respective attorney, witness and related costs and expenses) shall be borne by the party against whom the arbitral award is made and shall be a (the) component of the arbitral award. The arbitration shall take place in Orlando, Florida, and shall be conducted in the English language. The arbitration award shall be final and binding upon the parties hereto and subject to no appeal. Arbitration expenses shall not be an expense in determining House Profit. Judgment upon the award rendered maybe entered into any court having jurisdiction, or applications may be made to such court for an order of enforcement.

  • Submission to Arbitration The Respondent Party may agree to the Claimant Party’s proposal of arbitration by responding in writing within ten (10) Business Days following receipt of such proposal. Within five (5) Business Days following receipt of the Respondent Party’s agreement to arbitrate, the Claimant Party may submit the Dispute Item to the American Arbitration Association (“AAA”) for arbitration. No Dispute Item may be submitted for arbitration without the consent of both parties.

  • Disputes; Arbitration (a) Any dispute or controversy arising under or in connection with this Agreement shall be settled exclusively by binding arbitration at Primex's corporate headquarters in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrator's award in any court having jurisdiction; provided, however, that the Executive shall be entitled to seek specific performance of the Executive's right to be paid during the pendency of any dispute or controversy arising under or in connection with this Agreement.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Expedited Arbitration (a) The Parties may by mutual agreement refer to expedited arbitration any outstanding grievances considered suitable for this process, and shall set dates and locations for hearings of groups of grievances considered suitable for expedited arbitration.

  • Mediation/Arbitration All disputes arising out of this Agreement shall be resolved as set forth in this paragraph 15. If any party hereto desires to make any claim arising out of this Agreement ("Claimant"), then such party shall first deliver to the other party ("Respondent") written notice ("Claim Notice") of Claimant's intent to make such claim explaining Claimant's reasons for such claim in sufficient detail for Respondent to respond. Respondent shall have ten (10) business days from the date the Claim Notice was given to Respondent to object in writing to the claim ("Notice of Objection"), or otherwise cure any breach hereof alleged in the Claim Notice. Any Notice of Objection shall specify with particularity the reasons for such objection. Following receipt of the Notice of Objection, if any, Claimant and Respondent shall immediately seek to resolve by good faith negotiations the dispute alleged in the Claim Notice, and may at the request of either party, utilize the services of an independent mediator. If Claimant and Respondent are unable to resolve the dispute in writing within ten (10) business days from the date negotiations began, then without the necessity of further agreement of Claimant or Respondent, the dispute set forth in the Claim Notice shall be submitted to binding arbitration (except for claims arising out of paragraphs 3 or 7 hereof),

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Disputes and Arbitration Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.

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