Arbitration of Contested Claims. Each of DoveBid, and the OWP ------------------------------- Shareholders agree that any Contested Claim will be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor ("J.A.M.S."), pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq. and that any such arbitration will be conducted in San Mateo County, California. Either DoveBid or the Representative may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with J.A.M.S. and giving a copy of such demand to each of the other parties to this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S' Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration, subject to the provisions of Section 8.8(c) of this Agreement. The parties will cooperate with J.A.M.S. and with each other in promptly selecting an arbitrator from J.A.M.S.' panel of neutrals, and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they will participate in the arbitration in good faith, and that they will share in its costs in accordance with subparagraph (i) below. The provisions of this Section 8.8(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement will be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Arbitration of Contested Claims. Each of DoveBid, and the ------------------------------- Shareholders agree that any Contested Claim will be submitted to mandatory, final and binding arbitration pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq. Either DoveBid or the Shareholders may commence the arbitration process called for by this Agreement by sending a written demand for arbitration to each of the other parties to this Agreement. The arbitration will be conducted in accordance with United States Arbitration Act, 9 U.S.C., Section 1 et seq, subject to the provisions of this Section 8.8(c). The parties will cooperate with each other in promptly selecting a single qualified arbitrator with relevant experience in the commercial disputes and California contract law, and in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they will participate in the arbitration in good faith, and that they will share in its costs in accordance with subparagraph (i) below. A Contested Claim finally resolved in favor of a party may be satisfied as if such Claim were an Uncontested Claim pursuant to Section 8.8(a). The provisions of this Section 8.8(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement will be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Arbitration of Contested Claims. The parties agree that any Contested Claim shall be submitted to mandatory, final and binding arbitration before the American Arbitration Association ("AAA") or its successor and that any such arbitration shall be conducted in Santa Xxxxx County, California. Either Parent or the Representative may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with AAA and giving a copy of such demand to each of the other parties to this Agreement; Parent (on behalf of itself and any other Indemnified Person) and Representative shall be the parties to the arbitration. The arbitration shall be conducted in accordance with the provisions of the commercial arbitration rules of the American Arbitration Association ("AAA RULES") then in effect. However, in all events, these arbitration provisions shall govern over any conflicting rules which may now or hereafter be contained in the AAA Rules. The AAA will have the authority to select an arbitrator from a list of arbitrators who are lawyers familiar with California contract law; PROVIDED, HOWEVER, that such lawyers cannot work for a firm then performing services for either party, that each party will have the opportunity to make such reasonable objection to any of the arbitrators listed as such party may wish and that the AAA will select the arbitrator from the list of arbitrators as to whom neither party makes any such objection. In the event that the foregoing procedure is not followed, each party will choose one person from the list of arbitrators provided by the AAA (provided that such person does not have a conflict of interest), and the two persons so selected will select from the list provided by the AAA the person who will act as the arbitrator. The parties covenant that they will participate in the arbitration in good faith, and that they will share in its costs in accordance with subparagraph (i) below. The provisions of this paragraph may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered. Subject to the provisions of subparagraph (vii) below, judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Arbitration of Contested Claims. Shockwave and Atom agree that any Contested Claim will be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor ("J.A.M.S."), pursuant to the United States Arbitration
Arbitration of Contested Claims. Each of DoveBid and the Members agree that any Contested Claim will be submitted to mandatory, final and binding arbitration in accordance with the AAA Rules and that any such arbitration will be conducted in San Mateo County, California. Either DoveBid or the Representative may commence the arbitration process called for by this Agreement by filing a written demand for arbitration with the American Arbitration Association. and giving a copy of such demand to each of the other parties to this Agreement. The arbitration will be conducted in accordance with the provisions of the AAA Rules in effect at the time of filing of the demand for arbitration, subject to the provisions of Section 8.8(b) of this Agreement. In the absence of agreement by the parties, the American Arbitration Association will have the authority to select an arbitrator from a list of arbitrators who are lawyers familiar with contract law; provided, however, that such lawyers cannot have provided or be providing services for, or working for a firm then performing services for, any party hereto. The parties will cooperate with the American Arbitration Association and with each other in scheduling the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreement. The parties covenant that they will participate in the arbitration in good faith, and that they will share in its costs in accordance with subparagraph (i) below. The provisions of this Section 8.8(b) may be enforced by any court of competent jurisdiction, and the party seeking enforcement will be entitled to an award of all costs, fees and expenses, including attorneys' fees, to be paid by the party against whom enforcement is ordered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Arbitration of Contested Claims. If no such agreement can be reached during the twenty (20)-day period, either Buyer or the Sellers’ Representative may, by written notice to the other, demand arbitration of the dispute regarding the Claim Certificate pursuant to the terms of Section 10.10(a) hereof.
Arbitration of Contested Claims. Each of Buyer and Seller agrees that any Contested Claim that is not resolved in accordance with Section 10.7(b) will be submitted to mandatory, final and binding arbitration before J.A.M.S./ENDISPUTE or its successor ("J.A.M.S."), pursuant to the United States Arbitration Act, 9 U.S.C., Section 1 et seq. and that any such arbitration will be conducted in Santa Claxx Xxunty, California. In the event J.A.M.S. ceases to provide arbitration services, then the term "J.A.M.
Arbitration of Contested Claims. Each of the Koop Parties and ------------------------------- the IVonyx Parties agrees that any Contested Claim will be submitted to mandatory, final and binding arbitration in the County of Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. Either the Indemnified Party or the Indemnitor may commence the arbitration process called for by this Agreement by filing a written demand for arbitration and giving a copy of such demand to each of the other parties to this Agreement. The Parties covenant that they will participate in the arbitration in good faith, and that they will share in its costs in accordance with subsection (i) below. The provisions of this Section 10.7(c) may be --------------- enforced by any Federal or State Court in Los Angeles, California having competent jurisdiction over the subject matter of the controversy, and the party seeking enforcement will be entitled to an award of all costs, fees and expenses, including reasonable attorneys' fees, to be paid by the party against whom enforcement is ordered.
Arbitration of Contested Claims. Either Buyer or Seller may make a demand for arbitration as set forth in Section 8.13 to resolve the Contested Claim. The decision 49 of the arbitrator as to the validity and amount of any claim in such Notice of Claim shall be nonappealable, binding and conclusive upon the parties to this Agreement.
Arbitration of Contested Claims. Either the Purchaser or the Seller may bring proceedings in arbitration pursuant to Section 9.7(b) to resolve the Contested Claim. Regardless of which Party brings such action to resolve a matter, the party bringing the claim shall bear the burden of proof by a preponderance of the evidence that such party or other indemnified Persons are entitled to indemnification pursuant to this Article VIII. The decision of the arbitrator as to the validity and amount of any claim in such Notice of Claim shall be nonappealable, binding and conclusive upon the Parties shall be entitled to act in accordance with such decision and make or withhold payments in accordance therewith. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. For purposes of this Section 8.7(c), in any action hereunder in which any claim or the amount thereof stated in the Notice of Claim is at issue, the arbitrator shall determine which party is the non-prevailing party. The non-prevailing party to an action shall pay its own expenses and the expenses, including attorneys’ fees and costs, reasonably incurred by the other party to the action.
