Arbitration of Disputed Notice Sample Clauses

Arbitration of Disputed Notice. Apogee and ST agree that, if the ------------------------------- Counternotice is given by Apogee pursuant to Section 5 above, officers of each company shall negotiate for a period of ten (10) business days to attempt to resolve the dispute. At the end of such ten (10) business day period, if the parties have not resolved the dispute, then said parties shall submit to arbitration in accordance with the rules of the International Chamber of Commerce to resolve the dispute promptly and shall commence the hearing before a panel of arbitrators (the "Board") in Geneva, Switzerland, as soon as practicable after receipt of the Counternotice by the Escrow Agent. The Board shall consist of three (3) members one each of whom shall be selected by ST and Apogee and the third member selected by the International Chamber of Commerce. The question before the Board shall be whether or not there existed, at the time ST transmitted the Notice to the Escrow Agent under Section 4 above, or at the time of the hearing before the Board, the conditions specified in Section 3. The parties agree that the decision of the Board shall be final and binding and that such decision shall be immediately delivered to the parties to the arbitration and to the Escrow Agent. If the Board finds that the Notice was properly given by ST on the basis of the existence of the conditions specified in Section 3 above, then the Escrow Agent shall promptly deliver the Escrow Materials to ST. If the Board finds to the contrary, then the Escrow Agent shall not release the Escrow Materials. All fees and charges by the International Chamber of Commerce shall be paid by the non-prevailing parting in the arbitration; provided, however, that each party shall be responsible for the payment of all fees and expenses connected with the presentation of its respective case.
Sample 1
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Arbitration of Disputed Notice. Rambus, SCE, and Toshiba agree that, if the Counternotice is given by Rambus pursuant to Section 7 above, then said parties shall submit to the exclusive jurisdiction of the American Arbitration Association to resolve the dispute before a Board of Arbitrators (the "Board") in Palo Alto, California. The Board shall consist of three (3) members selected by the American Arbitration Association. The sole question before the Board shall be whether or not there existed, at the time SCE and/or Toshiba transmitted the Notice to the Escrow Agent under Section 5 above, a Release Event specified in the Notice. Such arbitration shall be governed by the then-current rules of the American Arbitration Association. The parties agree that the decision of the Board shall be final and binding and that such decision shall be immediately delivered to the parties to the arbitration and to the Escrow Agent. If the Board finds that the Notice was properly given by SCE and/or Toshiba on the basis of the existence of a Release Event specified in the Notice, then, as applicable, either (i) the party(ies) that delivered the Notice and obtained the Escrowed Materials under Section 7(a) or 7(c) above shall be entitled to retain the Escrowed Materials, or (ii) if the Escrow Agent, pursuant to Section 7(b) or 7(c) above, did not previously provide the Escrowed Materials to such party(ies), the Escrow Agent shall promptly deliver the Escrowed Materials to such party(ies). If the Board finds to the contrary, then, as applicable, either (i) the party(ies) that obtained the Escrowed Materials under Section 7(a) or 7(c) above shall immediately cease all use of the Escrowed Materials and immediately return the Escrowed Materials, and all partial or complete copies thereof, to the Escrow Agent, or (ii) if the Escrow Agent, pursuant to Section 7(b) or 7(c) above, did not previously provide the Escrowed Materials to such party(ies), the Escrow Agent shall not release the Escrowed Materials as a result of the disputed Notice. All fees and charges by the American Arbitration Association shall be paid by the nonprevailing party in the arbitration; provided, however, that each party shall be responsible for the payment of all fees and expenses connected with the presentation of its respective case.
Sample 1
Arbitration of Disputed Notice. Dragon Systems and Seagate agree that, if the Counternotice is given by Dragon Systems pursuant to Section 6 above, then Seagate and Dragon Systems shall submit to the jurisdiction of the American Arbitration Association to resolve the dispute promptly and shall commence the hearing before a Board of Arbitrators (the "Board") in San Jose, California, within thirty (30) days following receipt of the Counternotice by the Escrow Agent. The Board shall consist of three (3) members selected by the American Arbitration Association. The sole question before the Board shall be whether there existed, at the time Seagate transmitted the Notice to the Escrow Agent under Section 5 above, any of the conditions specified in Section 4. This arbitration shall be governed by the then-current rules of the American Arbitration Association. The parties agree that the decision of the Board shall be final and binding and that this decision shall be immediately delivered to the parties to the arbitration and to the Escrow Agent. If the Board finds that the Notice was properly given by Seagate on the basis of the existence of a condition specified in Section 4 above, then the Escrow Agent shall promptly deliver the Escrow Materials to Seagate. If the Board finds to the contrary, then the Escrow Agent shall not release the Escrow Materials. All fees and charges by the American Arbitration Association shall be paid by the nonprevailing party in the arbitration; each party, however, shall be responsible for the payment of all fees and expenses connected with the presentation of its respective case.
Sample 1

Related to Arbitration of Disputed Notice

  • Notification of Dispute If You or We consider that a dispute has arisen in relation to this agreement (either during the Services, or after they have been completed), written notice of the dispute will be given to the other party. Even if that notice is given, You and We must continue to perform any obligations outstanding by Us under the agreement.

  • Mediation of Disputes In the event of any disputes arise between the parties under this Agreement, the parties agree to use the following procedure prior to and as a precondition to either party pursuing any other available remedies, including arbitration or litigation.

  • Arbitration of Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof or otherwise arising out of the Executive’s employment or the termination of that employment (including, without limitation, any claims of unlawful employment discrimination whether based on age or otherwise) shall, to the fullest extent permitted by law, be settled by arbitration in any forum and form agreed upon by the parties or, in the absence of such an agreement, under the auspices of the American Arbitration Association (“AAA”) in Boston, Massachusetts in accordance with the Employment Dispute Resolution Rules of the AAA, including, but not limited to, the rules and procedures applicable to the selection of arbitrators. In the event that any person or entity other than the Executive or the Company may be a party with regard to any such controversy or claim, such controversy or claim shall be submitted to arbitration subject to such other person or entity’s agreement. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Section 8 shall be specifically enforceable. Notwithstanding the foregoing, this Section 8 shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or a preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Section 8.

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Determination of Disputes Any dispute arising under this Section 2.6 shall be resolved pursuant to the dispute resolution procedures of Article 7.

  • Arbitration Notice BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Agency Agency-Assisted Contractor

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO:

  • Notice of Dispute The party wishing to commence the dispute resolution process must give written notice (Notice of Dispute) to the other parties of:

  • Notice of Disputes Notice of the dispute will be submitted on the form provided in Appendix A and sent to the responding party, in order to provide an opportunity to respond. The Crown shall be provided with a copy.

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