Certain Additional Matters. (a) Any arbitration award shall be a bare award limited to a holding for or against a party and shall be without findings as to facts, issues or conclusions of law (including with respect to any matters relating to the validity or infringement of patents or patent applications) and shall be without a statement of the reasoning on which the award rests, but must be in adequate form so that a judgment of a court may be entered thereupon. Judgment upon any arbitration award hereunder may be entered in any court having jurisdiction thereof.
(b) Prior to the time at which an arbitrator is appointed pursuant to Section 8.4, any party may seek one or more temporary restraining orders in a court of competent jurisdiction if necessary in order to preserve and protect the status quo. Neither the request for, or grant or denial of, any such temporary restraining order shall be deemed a waiver of the obligation to arbitrate as set forth herein and the arbitrator may dissolve, continue or modify any such order. Any such temporary restraining order shall remain in effect until the first to occur of the expiration of the order in accordance with its terms or the dissolution thereof by the arbitrator.
(c) Except as required by law, the parties shall hold, and shall cause their respective officers, directors, employees, agents and other representatives to hold, the existence, content and result of mediation or arbitration in confidence in accordance with the provisions of Article VIII and except as may be required in order to enforce any award. Each of the parties shall request that any mediator or arbitrator comply with such confidentiality requirement.
(d) If at any time the sole arbitrator shall fail to serve as an arbitrator for any reason, the parties shall select a new arbitrator who shall be disinterested as to the parties and the matter in accordance with the procedures set forth herein for the selection of the initial arbitrator. The extent, if any, to which testimony previously given shall be repeated or as to which the replacement arbitrator elects to rely on the stenographic record (if there is one) of such testimony shall be determined by the replacement arbitrator.
Certain Additional Matters. The Employee agrees that at all times during the term of this Agreement and for a period of two years following any cessation of employment with the Company:
(a) The Employee will not knowingly or intentionally do or say any act or thing which will or may impair, damage or destroy the goodwill and esteem for the Company held by its suppliers, employees, patrons, customers and others who may at any time have or have had business relations with the Company.
(b) The Employee will not knowingly or intentionally do any act or thing detrimental to the Company or its business. Nothing herein shall be construed to prevent the Employee from complying with any requirements of law or legal process or taking such actions as the Company may consent to in writing.
Certain Additional Matters. (i) The amount of any and all Losses under this ARTICLE 9 shall be determined net of, and the amount of any "Losses" shall be deemed be reduced by (i) the net present value of any Tax benefits realizable (calculated using a discount rate of 6%) by any party seeking indemnification hereunder arising from the deductibility of any such Losses and (ii) any amounts recovered, recoverable or for which there is a right of recovery by an Indemnified Party or by any of such Indemnified Party's Affiliates in respect of such claim under or pursuant to (A) the Title Policies (including, if issued, the La Bokay Endorsement), (B) the Original Agreement or (C) any other agreement (including the La Bokay Assignment Consent) with any of the Forest Products Sellers to which or pursuant to which an Indemnified Party or its Affiliates has rights (collectively, the "ALTERNATIVE ARRANGEMENTS") and no Indemnified Party shall assert any claim against an Indemnifying Party under this ARTICLE 9 in respect of any matter for which amounts have been recovered, are recoverable or for which there is a right of recovery pursuant to an Alternative Arrangement. Furthermore, if recovery is made pursuant to another arrangement (i.e., other than an Alternative Arrangement) for which the Purchaser or another Purchaser Indemnified Party has rights to recovery prior to any claim for indemnification being paid hereunder, the amount of Losses suffered by the Purchaser Indemnified Parties with respect to such claim shall be reduced by the excess of the amount of such recovery over the expenses incurred by the Purchaser Indemnified Parties in connection with such recovery. If, after a claim for indemnification is paid hereunder, a Purchaser Indemnified Party recovers amounts under such other arrangement, the Purchaser shall promptly remit to the Sellers the excess of (x) the lesser of (A) the amount of proceeds received for such claim under the other arrangement and (B) the amount previously paid to the Purchaser Indemnified Parties pursuant to this ARTICLE 9 over (y) expenses incurred by the Purchaser Indemnified Parties in connection with such recovery. Notwithstanding the foregoing, to the extent any such Loss indemnifiable hereunder served to reduce the Deductible, and subsequent recovery is made under another arrangement, the portion of the Deductible so reduced shall be automatically deemed restored (but only to the extent that the amount of such recovery exceeds the expenses incurred by the P...
Certain Additional Matters. (a) If a party fails or refuses to appear at and participate in an arbitration hearing after due notice, the arbitrator may hear and determine the controversy upon evidence produced by the appearing party.
(b) Arbitration costs will be borne equally by each party involved in the matter, except that each party will be responsible for its own attorney's fees and other costs and expenses, including the costs of witnesses selected by such party.
(c) Prior to the time at which the Arbitration Panel are appointed, any party may seek one or more temporary restraining orders in a court of competent jurisdiction if necessary in order to preserve and protect the status quo. Neither the request for, or grant or denial of, any such temporary restraining order shall be deemed a waiver of the obligation to arbitrate as set forth herein and the Arbitration Panel may dissolve, continue or modify any such order.
(d) In the event that at any time any member of the Arbitration Panel shall fail to serve as an arbitrator for any reason, the appropriate party or the two party-selected arbitrators, as the case may be, shall select a new arbitrator, in accordance with the procedures set forth in Section 9.4. The extent, if any, to which testimony previously given shall be repeated or may be relied upon based on the stenographic record (if there is one), shall be determined by the replacement arbitrator.
Certain Additional Matters. The Employee agrees that at all times during the term of this Agreement and for the two-year period specified in Section 8:
(a) The Employee will not knowingly or intentionally do or say any act or thing which will or may impair, damage or destroy the goodwill and esteem for the Company of its suppliers, employees, patrons, customers and others who may at any time have or have had business relations with the Company.
(b) The Employee will not reveal to any third person any difference of opinion, if there be such at any time, between him and the management of the Company as to its personnel, policies or practices.
(c) The Employee will not knowingly or intentionally do any act or thing detrimental to the Company or its business.
Certain Additional Matters. 24 7.8 Continuity of Service and Performance.................................................. 25 7.9 Law Governing Arbitration Procedures................................................... 25
Certain Additional Matters. 30 Section 6.01
Certain Additional Matters. 63 9.8. Limited Court Actions............................... 63 9.9. Continuity of Service and Performance............... 64 9.10. Law Governing Arbitration Procedures................ 64 ARTICLE X FURTHER ASSURANCES AND ADDITIONAL COVENANTS 10.1.
Certain Additional Matters. Section 6.01. CERTAIN POST-DISTRIBUTION TRANSACTIONS
Certain Additional Matters. Section 5.01.
