Common use of Allocation Process Clause in Contracts

Allocation Process. In making the allocations provided for in the ------------------- immediately preceding paragraphs (a) and (b), each of AOL and WorldCom shall have equal access to the CompuServe employees and Assets who and which are the subjects of such allocations, including rights to conduct audits. If any disagreement arises as to the allocation of any employee or Assets which cannot be resolved by agreement within 10 days after either party gives notice to the other that it disagrees with a proposed allocation, the dispute shall be submitted to final and binding arbitration in accordance with the provisions of this Section 1.5 and the Commercial Rules of the American Arbitration Association before an arbitrator mutually satisfactory to AOL and WorldCom selected by them within an additional 10 days after the giving of such notice or, if they shall not agree on such selection, selected by an Arbiter chosen under the procedures specified in paragraph (d)(ii) below. The decision of such arbitrator shall be final and binding.

Allocation Process. In making the allocations provided for in the ------------------- immediately preceding paragraphs (a) and (b), each of AOL and WorldCom shall have equal access to the CompuServe employees and Assets who and which are the subjects of such allocations, including rights to conduct audits. If any disagreement arises as to the allocation of any employee or Assets which cannot be resolved by agreement within 10 days after either party gives notice to the other that it disagrees with a proposed allocation, the dispute shall be submitted to final and binding arbitration in accordance with the provisions of this Section 1.5 and the Commercial Rules of the American Arbitration Association before an arbitrator mutually satisfactory to AOL and WorldCom selected by them within an additional 10 days after the giving of such notice or, if they shall not agree on such selection, selected by an Arbiter chosen under the procedures specified in paragraph (d)(ii) below. The decision of such arbitrator shall be final and binding.