ADR Process Clause Samples

ADR Process. The Notice of Dispute shall be delivered to the San Francisco office of Judicial Arbitration and Mediation Service (“JAMS”) for binding resolution pursuant to the ADR Process. The ADR Process shall be conducted according to the following procedure: (i) The ADR Process shall be conducted in San Francisco, California. (ii) JAMS shall promptly select a single retired California Superior Court Judge to be the hearing officer (“Hearing Officer”). The Hearing Officer shall not have any actual or perceived conflict of interest with Landlord or Tenant, any affiliate or subsidiary or their respective counsel and absent any conflict, neither Landlord or Tenant shall have the right to object to the Hearing Officer. The Hearing Officer shall have extensive and recent civil trial experience and shall not have been primarily a criminal courts judge during his/her career. The first hearing day shall be scheduled not later than thirty (30) calendar days following appointment of the Hearing Officer and the hearing process shall be concluded within thirty (30) calendar days from commencement. (iii) The Hearing Officer shall preside over the ADR Process, shall accept relevant evidence, and may (in her/her discretion) hear live testimony of the parties and their expert and other witnesses, examine and cross-examine the parties and their witnesses, allow counsel to examine and cross-examine witnesses, hear arguments of counsel, and otherwise conduct and control a hearing as if he/she were sitting as a California Superior Court Judge without a jury. At the conclusion of the hearing, the Hearing Officer shall orally announce a tentative decision as to the disagreement(s) which form the basis of the Specified Dispute(s). In announcing the tentative decision and in rendering the Final Award (defined below), the Hearing Officer shall be required to follow California law in the interpretation of any document or agreement (including this Lease), in admitting evidence and in fashioning a remedy. The Hearing Officer shall not have the power or authority to award any amount in the nature or character of punitive or exemplary damages, but shall have the power to issue an award for compensatory damages based on breach or default of the Lease, shall have the power to issue injunctive or other equitable relief where appropriate, shall have the power to issue a judgment for unlawful detainer of the Premises, and shall have the power to issue an award for attorneys’ fees and costs as allowed ...

ADR Process. If Landlord and Tenant are unable for any reason to timely agree on (i) the Prevailing Rental Rate referenced in Section 3.2.1, if applicable, or (ii) the correction of alleged errors in Landlord’s Statement as provided in Section 4.4. or (iii) the amount of Base Rent to be abated if an interruption of services or utilities occurs as described in Section 7.2 or an impairment to the Premises occurs due to Landlord’s failure to maintain or repair as described in Section 8.2 (collectively, “Specified Disputes”), then Landlord and Tenant agree that all Specified Disputes shall be resolved pursuant to the neutral binding alternative dispute resolution process (“ADR Process”) described below. Landlord and Tenant (acting together or individually) shall submit a notice of a Specified Dispute (“Notice of Dispute”) to JAMS (defined below) which Notice sets forth the details of the dispute and requests JAMS to implement the ADR Process set forth below.

ADR Process. 28 SECTION 10. Piggy-back registration rights ................................ 29

ADR Process. 35 EXHIBITS -------- Rider to Lease Exhibit A Floor Plan of Premises Exhibit B Work Letter Agreement Exhibit C Rules and Regulations Exhibit D None Exhibit E Acceptance Letter Addendum to Lease OFFICE LEASE ------------ THIS OFFICE LEASE ("Lease"), dated February 25, 1999, is made and entered into by and between OTR, an Ohio general partnership, as Nominee of The State Teachers Retirement Board of Ohio, a statutory organization by the laws of Ohio ("Landlord") and INTERNET CAPITAL GROUP OPERATIONS, INC., a Delaware corporation ("Tenant") upon the following terms and conditions:

ADR Process. The Mediation process shall be conducted in accord with the Alternative Dispute Resolution process of the State Bar of Wisconsin, attached hereto as Exhibit C. The exclusive venue for the Mediation process shall be Chicago, Illinois.

ADR Process. The Notice of Dispute shall be delivered to the San ------------ Francisco office of Judicial Arbitration and Mediation Service ("JAMS") for binding resolution pursuant to the ADR 123

ADR Process. Either Party may, at any time prior to a request for a final agency decision, submit a written request for ADR to the other Party. The Parties agree to use ADR as an alternative to litigation or formal administrative proceedings whenever appropriate in accordance with Department of Defense Directive 5145.5, Alternative Dispute Resolution (ADR) (22 April 1996). The Activity shall, within sixty (60) Days of receiving or submitting a request for ADR, identify in writing a neutral third-party suitable for the requested ADR process and provide an estimate or cost basis for the process. In identifying such third-party, Activity will, with the assistance of the General Counsel, make use of existing government ADR resources to avoid unnecessary expenditure of time and money. The Party in receipt of a request for ADR may provide a written rejection of the requested ADR process, which must include a detailed description of why the requested ADR process is not appropriate. Failure to provide such rejection to the other Party within thirty (30) Days of the identification of a neutral third-party shall be deemed as an acceptance of the requested ADR process.

ADR Process. If Landlord and Tenant are unable for any reason to ----------- timely agree on (i) the Prevailing Rental Rate referenced in Section 3.2. 1, if applicable, or (ii) the correction of alleged errors in Landlord"s Statement as provided in Section 4.4. or (iii) the amount of Base Rent to be abated if an interruption of services or utilities occurs as described in Section 7.2 or an impairment to the Premises occurs due to Landlord"s failure to maintain or repair as described in Section 8.2 or (iv) any other reference to "market" or "comparable" contained in this Lease for the determination of economic evaluation (collectively, "Specified Disputes"), then Landlord and Tenant agree that all Specified Disputes shall be resolved pursuant to the neutral binding alternative dispute resolution process ("ADR Process") described below. Landlord and Tenant (acting together or individually) shall submit a notice of a Specified Dispute ("Notice of Dispute") to JAMS (defined below) which Notice sets forth the details of the dispute and requests JAMS to implement the ADR Process set forth below.