Arbitration and Dispute Resolution Procedures Sample Clauses

Arbitration and Dispute Resolution Procedures. 58 25.1. Arbitration............................................................................................58 25.2. Alternative Arbitration................................................................................58 25.3. Arbitration Procedure..................................................................................58 ARTICLE 26
Sample 1Sample 2See All (9)
AutoNDA by SimpleDocs
Arbitration and Dispute Resolution Procedures. (a) If a Party notifies the other Party of any disputed items regarding either (i) the existence of any Title Defects asserted by Buyer, or the value of any adjustments to the Base Purchase Price therefor, (ii) the existence of any Environmental Defects asserted by Buyer, or the value of any adjustments to the Base Purchase Price therefor, (iii) the existence of any Casualty Defects asserted by Buyer, or the value of any adjustments to the Base Purchase Price therefor, or (iv) any other proposed adjustments to the Base Purchase Price to be made at Closing, or to be made after Closing in connection with the Final Settlement Statement, then Seller and Buyer shall promptly meet and attempt to resolve the dispute within fifteen (15) days following written notification of the dispute in accordance with the applicable terms of this Agreement. In the event the Parties fail to resolve their differences, then all such items remaining in dispute after the later of Closing or the end of such 15-day period shall be submitted by Seller and Buyer (i) in the case of Title Defects or Casualty Defects (or adjustments relating thereto), a “Title/Casualty Expert” mutually agreed to by the Parties, (ii) in the case of Environmental Defects (or adjustments relating thereto), an “Environmental Expert” mutually agreed to by the Parties, and (iii) in the case of any other proposed adjustments to the Base Purchase Price to be made at Closing, or to be made after Closing in connection with the Final Settlement Statement, then to one of the nationally recognized independent auditors or accounting firms (“Accounting Experts”) mutually agreed to by the Parties (in each case, the Title/Casualty Expert, the Environmental Expert and the Accounting Expert, as applicable, is herein referred to as the “Neutral Auditor”). All fees and expenses of the Neutral Auditor relating to the work, if any, to be performed thereby pursuant to this Section 20.3(a) shall be borne 50% by Seller and 50% by Buyer; provided, however, that in the event that the Neutral Auditor determines that the actual adjustment to the Base Purchase Price relative to a disputed item varies less than 10% of the original adjustment proposed for the applicable Title Defect, Casualty Defect, Environmental Defect or other adjustment to the Base Purchase Price and made the subject of the dispute, then the Party disputing the same shall be charged 100% of the costs of the Neutral Auditor. Except as provided in the preceding sentenc...
Sample 1
Arbitration and Dispute Resolution Procedures 
Sample 1Sample 2Sample 3See All (24)

Related to Arbitration and Dispute Resolution Procedures

  • Governing Laws and Dispute Resolution 7.1 The execution, effectiveness, interpretation, performance, amendment and termination of this Agreement and the resolution of disputes hereunder shall be governed by the laws of the PRC.

  • Dispute Resolution Procedures (a) In the event a dispute arises about the interpretation, application, calculation of Loss, or calculation of payments or otherwise with respect to this Single Family Shared-Loss Agreement (“SF Shared-Loss Dispute Item”), then the Receiver and the Assuming Institution shall make every attempt in good faith to resolve such items within sixty (60) days following the receipt of a written description of the SF Shared-Loss Dispute Item, with notification of the possibility of taking the matter to arbitration (the date on which such 60-day period expires, or any extension of such period as the parties hereto may mutually agree to in writing, herein called the “Resolution Deadline Date”). If the Receiver and the Assuming Institution resolve all such items to their mutual satisfaction by the Resolution Deadline Date, then within thirty (30) days following such resolution, any payment due as a result of such resolution shall be made arising from the settlement of the SF Shared-Loss Dispute.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Dispute Resolution Procedure 1. If, within 30 days after delivery of a Tenant’s Rejection Notice, the parties fail to agree in writing upon the Prevailing Market rate, Landlord and Tenant, within five (5) days thereafter, shall each simultaneously submit to the other, in a sealed envelope, its good faith estimate of the Prevailing Market rate for the Extension Term (collectively, the “Estimates”). Within seven (7) days after the exchange of Estimates, Landlord and Tenant shall each select a broker or agent (an “Agent”) to determine which of the two Estimates most closely reflects the Prevailing Market rate for the Extension Term. Each Agent so selected shall be licensed as a real estate broker or agent and in good standing with the California Department of Real Estate, and shall have had at least five (5) years’ experience within the previous 10 years as a commercial real estate broker or agent working in San Jose, California, with working knowledge of current rental rates and leasing practices relating to buildings similar to the Building.

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Governing Law and Dispute Resolution 15.1 The execution, validity, interpretation of this Agreement and the disputes resolution under this Agreement shall be governed by PRC laws.

  • Arbitration Dispute Resolution Company and Executive express expressly agree that, except for disputes arising out of alleged violations related to proprietary inventions and confidential information, all disputes arising out of this Agreement shall be resolved by arbitration in accordance with the following provisions. Either party must demand in writing such arbitration within one hundred and twenty (120) days after the controversy arises by sending a notice to arbitrate to both the other party and to the American Arbitration Association (“AAA”). The controversy shall then be arbitrated, pursuant to the rules promulgated by the AAA (the “Rules”), in the state of California. The parties will select by mutual agreement the arbitrator or arbitrators to herein resolve the controversy; provided, however, that, the parties cannot mutually agree as to the arbitrator, then the arbitrator shall be selected by the AAA in accordance with the Rules. The arbitrator’s decision shall be final and binding on the parties and shall bar any suit, action or proceeding instituted in any federal, state or local courts for administrative tribunal. Notwithstanding the preceding sentence, the arbitrator’s judgment may be entered in any court of competent jurisdiction. Disputes arising under the sections for compensation and termination upon compensation may be litigated and injunctive relief sought in any court having jurisdiction over the subject matter of such dispute.

  • Applicable Laws and Dispute Resolution a. The formation, validity, interpretation and performance of and settlement of disputes under this Agreement shall be governed by the laws of the PRC.

  • Arbitration Procedures Arbitration shall be conducted in accordance with the Uniform Arbitration Act, except to the extent the provisions of such Act are modified by this Agreement or the subsequent mutual agreement of the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. Any party hereto may bring an action, including a summary or expedited proceeding, to compel arbitration of any controversy or claim to which this provision applies in any court having jurisdiction over such action in Shelby County, Tennessee, and the parties agree that jurisdiction and venue in Shelby County, Tennessee are appropriate and approved by such parties.

  • Governing Law; Dispute Resolution This Agreement shall be subject to the provisions of Sections 9(a), 9(c), and 9(h) of the Employment Agreement.

Time is Money Join Law Insider Premium to draft better contracts faster.