Common use of Xxxx Xxxxxx Title Clause in Contracts

Xxxx Xxxxxx Title. The parties may mutually agree to select from an alternate list (for example, a list from a commercial arbitration service) or to use an arbitrator not on the above list. If the parties cannot agree upon the arbitrator to be appointed, or the arbitrator selected is unavailable to serve as arbitrator, then each party may alternately strike one name from the list until one arbitrator is left. A coin toss (or other mutually agreed method of random selection) will determine which party strikes first. The arbitrator who is left will be appointed as the arbitrator. If the Producer fails to participate in the selection process, SAG-AFTRA may unilaterally select the arbitrator from the panel. Failure of the Claimant to initiate arbitrator selection within the times set forth will not waive or prejudice any grievance unless: (i) the responding party provides written notice to the complaining party that it will be materially prejudiced if arbitrator selection does not commence promptly; (ii) the notice provided by the responding party sets forth a date by which to commence arbitrator selection; (iii) the complaining party fails to engage in arbitrator selection by the date set forth in such notice; and

Xxxx Xxxxxx Title. The parties may mutually agree to select from an alternate list (for example, a list from a commercial arbitration service) or to use an arbitrator not on the above list. SAMPLE If the parties cannot agree upon the arbitrator to be appointed, or the arbitrator selected is unavailable to serve as arbitrator, then each party may alternately strike one name from the list until one arbitrator is left. A coin toss (or other mutually agreed method of random selection) will determine which party strikes first. The arbitrator who is left will be appointed as the arbitrator. If the Producer fails to participate in the selection process, SAG-AFTRA may unilaterally select the arbitrator from the panel. Failure of the Claimant to initiate arbitrator selection within the times set forth will not waive or prejudice any grievance unless: (i) the responding party provides written notice to the complaining party that it will be materially prejudiced if arbitrator selection does not commence promptly; (ii) the notice provided by the responding party sets forth a date by which to commence arbitrator selection; (iii) the complaining party fails to engage in arbitrator selection by the date set forth in such notice; and