Examples of Designated Arbitrator in a sentence
The Corporation shall designate its Party Designated Arbitrator in a written notice to the holders of Series A Preferred Stock, and within five (5) days thereafter, such holders of Series A Preferred Stock shall designate its Party Designated Arbitrator.
In the event that the Designated Arbitrator is unavailable for any reason, Lxxxx, on the one hand, and the Dxxxxx Parties, on the other hand, shall mutually agree within thirty days on another individual to serve as the Designated Arbitrator; if the parties cannot agree upon a substitute, any dispute between the parties shall be settled by final, binding and nonappealable arbitration in New York, New York, conducted in accordance with the rules of the Judicial Arbitration and Mediation Services, Inc.
Lxxxx, on the one hand, and the Dxxxxx Parties, on the other hand, shall equally share costs of the arbitration, other than attorneys’ fees, and each shall bear its own attorneys’ fees and expenses unless otherwise determined by the Designated Arbitrator.
The Corporation shall designate its Party Designated Arbitrator in a written notice to the holders of Series B Preferred Stock, and within five (5) days thereafter, such holders of Series B Preferred Stock shall designate its Party Designated Arbitrator.
If either party to the dispute or difference fails to choose an arbitrator within 30 days after notice of commencement of arbitration or if the two arbitrators fail to choose the Designated Arbitrator within 30 days after their appointment, the American Arbitration Association shall, upon the request of any party to the dispute or difference, administer the selection of the Designated Arbitrator.
Any disputes between the parties to this Agreement relating to performance under this Agreement shall be settled by arbitration in New York, New York before Hxxx Xxxxx III (the “Designated Arbitrator”), it being understood that it is the expectation of Lxxxx and the Dxxxxx Parties that arbitration pursuant to this Section 9(d) is intended to be a collaborative process with the objective that the Designated Arbitrator reach a fair decision that reflects the letter and spirit of this Agreement.
The Designated Arbitrator shall have no power to alter or compromise the determinations of the Heritage Parties and the Prospect Parties, but must select one or the other as the prevailing position for each disputed matter.
Within five (5) business days of the selection of the Designated Arbitrator the Designated Arbitrator shall have a scheduling conference, at which time the Designated Arbitrator shall set out a schedule for the conduct of the arbitration, with the hearing to be held within thirty (30) days of the scheduling conference.
A copy of the Arbitration Notice shall be sent to the Designated Arbitrator when sent to the Receiving Party.
Each party shall choose an arbitrator and the Designated Arbitrator shall be chosen by the two so chosen.