Common use of Arbitration of Contested Claims Clause in Contracts

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. 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 Representatives 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(c8.9(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(a8.9(a). The provisions of this Section 8.8(c8.9(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 The parties all agree that any ------------------------------- Contested Claim will be submitted to mandatory, final and binding arbitration pursuant to the United States Arbitration Actin San Mateo County, 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 California in accordance with United States the Commercial Arbitration Act, 9 U.S.C., Section 1 et seq, subject Rules of the American Arbitration Association from time to the provisions of this Section 8.8(ctime in effect ("Rules"). The parties may agree on a retired judge as sole arbitrator. In the absence of such agreement, there will cooperate be three arbitrators, selected in accordance with each other in promptly selecting the Rules. If there are three arbitrators, a single qualified arbitrator with relevant experience decision reached by at least two of the three arbitrators will be the decision of the arbitration panel; provided, however, that in the commercial disputes case of monetary damages, if there is no agreement of two arbitrators as to the amount of the award, then the highest and California contract lawlowest amounts will be disregarded, and in scheduling the arbitration proceedings in order to fulfill remaining amount will be the provisions, purposes and intent of this AgreementFinal Award (as defined below). 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) belowSection 8.7(d). A Contested Claim finally resolved in favor of a party Sub may be satisfied as if such Claim were an Uncontested Claim pursuant to Section 8.8(a8.7(a). The provisions of this Section 8.8(c8.7(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 Final Award may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Each of DoveBid, DoveBid and the Shareholders ------------------------------- Shareholders agree that any Contested Claim will be submitted to mandatory, final and binding arbitration pursuant to the United States Arbitration Actin San Mateo County, 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 California in accordance with United States the Commercial Arbitration Act, 9 U.S.C., Section 1 et seq, subject Rules of the American Arbitration Association from time to time in effect (the provisions of this Section 8.8(c"Rules"). The parties may agree on a retired judge as sole arbitrator. In the absence of such agreement, there will cooperate be three arbitrators selected in accordance with each other in promptly selecting the Rules. If there are three arbitrators, a single qualified arbitrator with relevant experience decision reached by at least two of the three arbitrators will be the decision of the arbitration panel; provided, however, that in the commercial disputes case of monetary damages, if there is no agreement of two arbitrators as to the amount of the award, then the highest and California contract lawlowest amounts will be disregarded, and in scheduling the remaining amount will be the final award of the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreementpanel. 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 DoveBid may be satisfied as if such Claim were an Uncontested Claim pursuant to Section 8.8(a8.7(a). The provisions of this Section 8.8(c8.7(c) may be enforced by any court of competent jurisdiction, and the party seeking enforcement will be entitled to an award of all reasonable 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 arbitrator(s) may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Each of DoveBid, DoveBid and the Shareholders ------------------------------- Shareholders agree that any Contested Claim will be submitted to mandatory, final and binding arbitration pursuant to the United States Arbitration Actin San Mateo County, 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 California in accordance with United States the Commercial Arbitration Act, 9 U.S.C., Section 1 et seq, subject Rules of the American Arbitration Association from time to time in effect (the provisions of this Section 8.8(c"Rules"). The parties may agree on a retired judge as sole arbitrator. In the absence of such agreement, there will cooperate be three arbitrators, selected in accordance with each other in promptly selecting the Rules. If there are three arbitrators, a single qualified arbitrator with relevant experience decision reached by at least two of the three arbitrators will be the decision of the arbitration panel; provided, however, that in the commercial disputes case of monetary damages, if there is no agreement of two arbitrators as to the amount of the award, then the highest and California contract lawlowest amounts will be disregarded, and in scheduling the remaining amount will be the final award of the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreementpanel. 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 DoveBid may be satisfied as if such Claim were an Uncontested Claim pursuant to Section 8.8(a8.5(a). The provisions of this Section 8.8(c8.5(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 arbitrator(s) may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Each of DoveBid, DoveBid and the Shareholder ------------------------------- Shareholders agree that any Contested Claim will be submitted to mandatory, final and binding arbitration pursuant to the United States Arbitration Actin San Mateo County, 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 California in accordance with United States the Commercial Arbitration ActRules of the American Arbitration Association from time to time in effect (the "Rules"). There will be three arbitrators, 9 U.S.C.which will be selected in accordance with the Rules, Section 1 et seqin the absence of agreement of the parties on such selection. A decision reached by at least two of the three arbitrators will be the decision of the arbitration panel; provided, subject however, that in the case of monetary damages, if there is no agreement of two arbitrators as to the provisions amount of this Section 8.8(c). The parties the award, then the highest and lowest amounts will cooperate with each other in promptly selecting a single qualified arbitrator with relevant experience in the commercial disputes and California contract lawbe disregarded, and in scheduling the remaining amount will be the final award of the arbitration proceedings in order to fulfill the provisions, purposes and intent of this Agreementpanel. 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 DoveBid may be satisfied as if such Claim were an Uncontested Claim pursuant to Section 8.8(a8.6(a). The provisions of this Section 8.8(c8.6(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 arbitrators may be entered in any court having competent jurisdiction.

Arbitration of Contested Claims. Each of DoveBid, DoveBid and the ------------------------------- Shareholders agree that any Contested Claim will be submitted to mandatory, final and binding arbitration pursuant to the United States Arbitration Actin San Mateo County, 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 California in accordance with United States the Commercial Arbitration Act, 9 U.S.C., Section 1 et seq, subject Rules of the American Arbitration Association from time to time in effect (the provisions of this Section 8.8(c"Rules"). The parties may agree on a retired judge as sole arbitrator. In the absence of such agreement, there will cooperate be three arbitrators, selected in accordance with each other in promptly selecting the Rules. If there are three arbitrators, a single qualified arbitrator with relevant experience decision reached by at least two of the three arbitrators will be the decision of the arbitration panel; provided, however, that in the commercial disputes case of monetary damages, if there is no agreement of two arbitrators as to the amount of the award, then the highest and California contract lawlowest amounts will be disregarded, and in scheduling the arbitration proceedings in order to fulfill remaining amount will be the provisions, purposes and intent of this AgreementFinal Award (as defined below). 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 DoveBid may be satisfied as if such Claim were an Uncontested Claim pursuant to Section 8.8(a8.7(a). The provisions of this Section 8.8(c8.7(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 Final Award may be entered in any court having competent jurisdiction.