Common use of Arbitration; Attorneys’ Fees Clause in Contracts

Arbitration; Attorneys’ Fees. Except in connection with enforcing Section 7 hereof, for which legal and equitable remedies may be sought in a court of law, any dispute arising under this Agreement shall be subject to arbitration. The arbitration proceeding shall be conducted in accordance with the Employment Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, conducted by one (1) arbitrator either mutually agreed upon or selected in accordance with the AAA Rules. The arbitration shall be conducted in New York County, New York, under the jurisdiction of the New York office of the American Arbitration Association. The arbitrator shall have authority only to interpret and apply the provisions of this Agreement, and shall have no authority to add to, subtract from or otherwise modify the terms of this Agreement. Any demand for arbitration must be made within sixty (60) days of the event(s) giving rise to the claim that this Agreement has been breached. The arbitrator’s decision shall be final and binding, and each party agrees to be bound by the arbitrator’s award, subject only to an appeal therefrom in accordance with the laws of the State of New York. Either party may obtain judgment upon the arbitrator’s award in the Supreme Court of New York County, New York. If it becomes necessary to pursue or defend any legal proceeding, whether in arbitration or court, in order to resolve a dispute arising under this Agreement, the prevailing party in any such proceeding shall be entitled to recover costs and attorneys’ fees.

Appears in 3 contracts

Samples: Executive Severance Agreement (Biodel Inc), Executive Severance Agreement (Biodel Inc), Executive Severance Agreement (Biodel Inc)

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Arbitration; Attorneys’ Fees. Except in connection with enforcing Section 7 10 hereof, for which legal and equitable remedies may be sought in a court of law, any dispute arising under this Agreement shall be subject to arbitration. The arbitration proceeding shall be conducted in accordance with the Employment Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, conducted by one (1) arbitrator either mutually agreed upon or selected in accordance with the AAA Rules. The arbitration shall be conducted in New York County, New York, under the jurisdiction of the New York office of the American Arbitration Association. The arbitrator shall have authority only to interpret and apply the provisions of this Agreement, and shall have no authority to add to, subtract from or otherwise modify the terms of this Agreement. Any demand for arbitration must be made within sixty (60) days of the event(s) giving rise to the claim that this Agreement has been breached. The arbitrator’s decision shall be final and binding, and each party agrees to be bound to by the arbitrator’s award, subject only to an appeal therefrom in accordance with the laws of the State of New York. Either party may obtain judgment upon the arbitrator’s award in the Supreme Superior Court of New York County, New York. If it becomes necessary to pursue or defend any legal proceeding, whether in arbitration or court, in order to resolve a dispute all disputes arising under this Agreement, the prevailing party in any such proceeding shall be entitled to recover its reasonable costs and attorneys’ fees.

Appears in 2 contracts

Samples: Change of Control Agreement (Biodel Inc), Change of Control Agreement (Biodel Inc)

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Arbitration; Attorneys’ Fees. Except in connection with enforcing Section 7 10 hereof, for which legal and equitable remedies may be sought in a court of law, any dispute arising under this Agreement shall be subject to arbitration. The arbitration proceeding shall be conducted in accordance with the Employment Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, conducted by one (1) arbitrator either mutually agreed upon or selected in accordance with the AAA Rules. The arbitration shall be conducted in New York County, New York, under the jurisdiction of the New York office of the American Arbitration Association. The arbitrator shall have authority only to interpret and apply the provisions of this Agreement, and shall have no authority to add to, subtract from or otherwise modify the terms of this Agreement. Any demand for arbitration must be made within sixty (60) days of the event(s) giving rise to the claim that this Agreement has been breached. The arbitrator’s decision shall be final and binding, and each party agrees to be bound to by the arbitrator’s award, subject only to an appeal therefrom in accordance with the laws of the State of New York. Either party may obtain judgment upon the arbitrator’s award in the Supreme Court of New York CountySuperior Xxxxx xx Xxx Xxxx Xxxxxx, New YorkXxx Xxxx. If it becomes necessary to pursue or defend any legal proceeding, whether in arbitration or court, in order to resolve a dispute all disputes arising under this Agreement, the prevailing party in any such proceeding shall be entitled to recover its reasonable costs and attorneys’ fees.

Appears in 1 contract

Samples: Change of Control Agreement (Biodel Inc)

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