Common use of Arbitration of Disputes Clause in Contracts

Arbitration of Disputes. The parties agree that any dispute or claim in law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.

Appears in 3 contracts

Samples: Application and Agreement, Application and Agreement, Application and Agreement

Arbitration of Disputes. The parties agree that any dispute or claim in law or equity arising between them out of this Agreement or any resulting transactionANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURY, which is not settled through mediationWHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless held and conducted in the parties mutually agrees to a different arbitratorcounty in which the premises are located before three arbitrators, who shall render any award be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with substantive California Lawapplicable law. The parties This provision shall have not affect nor apply to any circumstance or event in which the right to discovery Resident is in accordance with California Code breach or default of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III any term of the California Code tenancy agreement, including but not limited to those circumstances which would give rise to a cause of Civil Procedure. Judgment upon action for Unlawful Detainer under the award laws of the arbitrator(s) may be entered into any court having jurisdictionState of California. Interpretation of Said actions for unlawful detainer are specifically excluded from this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDUREprovision.

Appears in 3 contracts

Samples: Agreement to Rent or Lease, Agreement to Rent or Lease, Agreement to Rent or Lease

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Arbitration of Disputes. The parties agree that In the event any dispute arises between Lessor and Lessee regarding this Lease or claim the occupancy of the Premises, Lessor and Lessee shall cooperate with each other in law or equity arising between them out of this Agreement or any resulting transactiongood faith to resolve such dispute. In the event that Lessor and Lessee are unable to resolve such dispute within twenty (20) days, which is not settled through mediation, either party may elect that the dispute shall be decided by neutral, submitted to binding arbitrationarbitration pursuant to the arbitration rules of ADR Services or JAMS. The arbitrator shall be a retired judge or justice, or entitled to award attorneys’ fees to the prevailing party and may proceed to enter an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award in accordance with substantive California Lawaward. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration decision shall be conducted conclusive and binding. Proceedings for unlawful detainer shall be exempt from the provisions of this Paragraph 59, and further, nothing herein shall prevent a party hereto from first seeking injunctive relief or filing an action in accordance with Title 9 of Part III the Superior Court to otherwise preserve or protect its rights pending the outcome of the California Code of Civil Procedurearbitration. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “ARBITRATION OF DISPUTES NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES’ 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 A COURT OR JURY TRIAL. , BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. _______/s/____________ ______/s/____________ LESSOR’S INITIALS LESSEE’S INITIALS

Appears in 2 contracts

Samples: AutoGenomics, Inc., AutoGenomics, Inc.

Arbitration of Disputes. The parties hereto agree that that, except as provided above with respect to an unlawful detainer action (or other action to obtain legal possession of the Premises) and the determination of the Option Rent under Section 23 below, any dispute or claim in law or equity arising between them out of this Agreement or any resulting transactionLease, which is not settled through mediationMediation, shall be decided by neutral, binding arbitrationarbitration (“Arbitration”). The arbitrator Arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, JAMS/Endispute unless the parties mutually agrees agree to a different arbitratorArbitrator, who shall render any an award in accordance with substantive California Lawlaw. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §Section 1283.05. In all other respects, the arbitration Arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(sArbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement Lease to arbitrate Arbitrate shall be governed by the Federal Arbitration Act. The prevailing party in such Arbitration shall be entitled to recover its reasonable attorneys fees and all costs (including arbitration fees and costs) from the losing party. “NOTICE: BY SIGNING THIS AGREEMENT, 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 NEUTRAL, BINDING ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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, BINDING ARBITRATION.”

Appears in 2 contracts

Samples: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)

Arbitration of Disputes. The parties agree that any Any dispute regarding the interpretation, enforcement or claim in law or equity arising between them out performance of this Agreement Agreement, [the xxxx of sale, or any resulting transaction, which is not settled through mediation, the assignment of leases] shall be decided by neutralarbitration before a single arbitrator pursuant to the commercial arbitration rules of JAMS. Following a demand for arbitration, binding arbitrationthe parties shall have ten calendar days to agree upon an arbitrator. If the parties cannot agree upon an arbitrator within such period, then either party may request that JAMS appoint an arbitrator. The decision of such arbitrator shall be a retired judge or justicefinal, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees and either party may apply to a different arbitrator, who shall render any award in accordance with substantive California Lawcourt of competent jurisdiction for the confirmation thereof. The parties prevailing party in such arbitration shall have the right be entitled to discovery in accordance with California Code reimbursement of Civil Procedure §1283.05its reasonable attorneys' fees and costs, expert witness fees and arbitration fees. In all other respects, the Any such arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil ProcedureLos Angeles County, California. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALLING 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 A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. Buyer's Initials: _________ Seller's Initials: _________] [If Buyer involved in tax free exchange: Exchange. Seller acknowledges that Buyer's purchase of the Property may be accomplished in connection with a tax-free exchange, and Seller agrees to cooperate with Buyer in completing such an exchange, provided that all costs in connection therewith shall be borne by Buyer. Buyer shall have until 4:00 p.m., _______ time, on the date ten (10) days after full execution of this Agreement in which to engage a suitable tax-free exchange accommodator or facilitator. If Buyer has not found a suitable exchange accommodator or facilitator in its sole discretion, Buyer may terminate this Agreement by delivering written notice of its intention to so terminate to Seller at any time within such 10-day period, in which event this Agreement shall terminate, the Xxxxxxx Money deposit shall be returned to Buyer and the parties shall have no further obligations hereunder. If Buyer fails to give such notice to terminate within such 10-day period, Buyer shall be deemed to have waived the contingency described in this Section and this Agreement shall remain in full force and effect.]

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement and Joint Escrow Instructions, Real Estate Purchase and Sale Agreement and Joint Escrow Instructions

Arbitration of Disputes. The parties agree that Either party to this Agreement may require the arbitration of any dispute arising under or claim in law or equity arising between them out of connection with any matter related to this Agreement or any resulting transactionrelated agreement. Such party may initiate or require the other party to submit to arbitration. If legal action has already commenced, which is not settled through mediation, the party seeking arbitration must so notify the other party in writing of such demand within twenty (20) days after the first service of process on such party. The arbitration shall be decided by neutralin conformity with and subject to the applicable rules and procedures of the American Arbitration Association or, binding arbitration. The arbitrator shall be at the election of the demanding party, any other form of "alternative dispute resolution" procedure generally recognized in the State of California; e.g., a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees reference pursuant to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05("Code") Section 638 and/or reliance upon Section 1280 et. In all other respects, seq. of the Code. Any arbitration shall incorporate Section 1283.05 of the Code with respect to discovery matters. All parties agree to be (1) subject to the jurisdiction and venue of the arbitration shall in the county in which the principal office of Company is located or any other county in the State of California that may be conducted in accordance with Title 9 of Part III mutually agreeable to the parties, (2) bound by the decision of the California Code of Civil Procedure. Judgment upon arbitrator as the award final decision with respect to the dispute and (3) subject to the jurisdiction of the arbitrator(s) may be entered into Superior Court of the State of California for the purpose of confirmation and enforcement of any court having jurisdictionaward. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE FOREGOING ARBITRATION OF DISPUTES’ 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES’ DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, 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. YOU 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.

Appears in 2 contracts

Samples: Employment Agreement (On Village Communications Inc), Employment Agreement (On Village Communications Inc)

Arbitration of Disputes. The parties agree that any Any dispute or claim in law or equity arising between them out of under this Agreement or shall be resolved through final and binding arbitration administered by JAMS pursuant to its Employment Arbitration Rules & Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness. This shall be in lieu of any resulting transactionright to a jury trial, which right is not settled through mediation, shall be decided by neutral, binding arbitrationexpressly waived. The arbitrator arbitrator(s) shall be a retired judge or justicenot have the authority to add to, detract from, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees modify any provision hereof nor to a different arbitrator, who shall render award punitive damages to any award in accordance with substantive California Lawinjured party. The parties arbitrator(s) shall have the right authority to discovery order back-pay, severance compensation, and vesting of stock options, restricted stock or restricted stock units (or cash compensation in accordance with California Code lieu of Civil Procedure §1283.05such vesting) if they determine that Executive is so entitled under the applicable provisions of this Agreement. In all other respectsThe arbitrator(s) shall have the authority to order reimbursement by Executive of any compensation or benefits that he received under this Agreement if they determine that such compensation or benefits should not have been paid by Company under the applicable provisions of this Agreement, and they may order payment of actual or imputed damages incurred by Company for a breach under Paragraphs 5, 6, 7 or 8 of this Agreement. The direct out-of-pocket costs of arbitration proceedings (for example, arbitrators’ fees, stenographer, rental of a venue for the arbitration proceedings, etc.) shall be conducted in accordance with Title 9 of Part III of borne by the California Code of Civil Procedure. Judgment upon plaintiff bringing the award of action, but the arbitrator(s) may award an allocation or reimbursement of costs, including those incurred to enforce this Agreement and legal fees, and interest on any damages and costs awarded. Judgment may be entered into on the arbitrators’ award in any court having jurisdiction. Interpretation of this agreement to arbitrate Any such arbitration proceeding shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENTconducted in San Francisco, 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 A COURT OR JURY TRIAL. BY YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURECalifornia.

Appears in 2 contracts

Samples: Employment Agreement (F5 Finishes, Inc), Employment Agreement (F5 Finishes, Inc)

Arbitration of Disputes. The parties agree that any Any dispute or claim in law or equity between Owner and Agent arising between them out of this Agreement contract or any resulting transaction, transaction which is not settled through mediation, mediation shall be decided by neutral, binding arbitration and not by court action, except as provided by Arizona law for judicial review of arbitration proceedings. The arbitration shall be conducted in accordance with the rules of either the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services, Inc. (JAMS). The selection between AAA and JAMS rules shall be made by the claimant first filing for the arbitration. The arbitrator shall parties to an arbitration may agree in writing to use different rules and/or arbitrator(s). Judgment upon the award rendered by the arbitrator(s) may be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render entered in any award in accordance with substantive California Lawcourt having jurisdiction thereof. The parties shall have the right to discovery in accordance with California Code discovery. The following matters are excluded from arbitration hereunder: (a) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of Civil Procedure §1283.05trust, mortgage, or Installment land sale contract, (b) an unlawful detainer action, (c) the filing or enforcement of a mechanic's lien, (d) any matter which is written the jurisdiction of a probate or small claims court, and (e) an action for bodily injury or wrongful death, or for latent or patent defects. In all The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other respectsprovisional remedies, the arbitration shall be conducted in accordance with Title 9 of Part III not constitute a waiver of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement right to arbitrate shall be governed by the Federal Arbitration Actunder this provision. "NOTICE: BY SIGNING THIS AGREEMENT, 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 ARIZONA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER ARBITRATE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE AUTHORITY FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE CALIFORNIA CODE MATTERS INCLUDED IN THE 'ARBITRATION OF CIVIL PROCEDUREDISPUTES' PROVISION TO NEUTRAL ARBITRATION." Owner's Initials Agent's Initials

Appears in 2 contracts

Samples: Property Management Agreement, Arizona Property Management Agreement

Arbitration of Disputes. The parties agree that any dispute or claim in law Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge judge, justice or justiceattorney, or an attorney experienced with at least 5 years the arbitration of residential real estate law experiencedisputes in Sonoma County and with no personal or business relationship with the owners, unless the parties mutually agrees agree to a different arbitrator, who . The arbitrator shall render any an award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into in any court having jurisdiction. Interpretation The parties shall have the right to discovery in accordance with Code of this agreement Civil Procedure § 1283.05. The following types of disputes are not required to arbitrate shall be governed by arbitrated hereunder: (i) Non-judicial or judicial foreclosure, (ii) other actions to enforce a lien, (iii) an action for unlawful detainer, (iv) any probate court or small claims court matter, and (v) the Federal Arbitration Actfiling or enforcement of a mechanic’s lien. “NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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 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.” Landowner Initials District Initials

Appears in 2 contracts

Samples: District Sewer Service Agreement, District Sewer Service Agreement

Arbitration of Disputes. The parties agree that any Any dispute regarding the interpretation, enforcement or claim in law or equity arising between them out performance of this Agreement Agreement, [the bill of sale, or any resulting transaction, which is not settled through mediation, the assignment of leases] shall be decided by neutralarbitration before a single arbitrator pursuant to the commercial arbitration rules of JAMS. Following a demand for arbitration, binding arbitrationthe parties shall have ten calendar days to agree upon an arbitrator. If the parties cannot agree upon an arbitrator within such period, then either party may request that JAMS appoint an arbitrator. The decision of such arbitrator shall be a retired judge or justicefinal, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees and either party may apply to a different arbitrator, who shall render any award in accordance with substantive California Lawcourt of competent jurisdiction for the confirmation thereof. The parties prevailing party in such arbitration shall have the right be entitled to discovery in accordance with California Code reimbursement of Civil Procedure §1283.05its reasonable attorneys' fees and costs, expert witness fees and arbitration fees. In all other respects, the Any such arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil ProcedureLos Angeles County, California. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALLING 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 A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. Buyer's Initials: _________ Seller's Initials: _________] [If Buyer involved in tax free exchange: Exchange. Seller acknowledges that Xxxxx's purchase of the Property may be accomplished in connection with a tax-free exchange, and Xxxxxx agrees to cooperate with Xxxxx in completing such an exchange, provided that all costs in connection therewith shall be borne by Xxxxx. Buyer shall have until 4:00 p.m., _______ time, on the date ten (10) days after full execution of this Agreement in which to engage a suitable tax-free exchange accommodator or facilitator. If Buyer has not found a suitable exchange accommodator or facilitator in its sole discretion, Buyer may terminate this Agreement by delivering written notice of its intention to so terminate to Seller at any time within such 10-day period, in which event this Agreement shall terminate, the Xxxxxxx Money deposit shall be returned to Buyer and the parties shall have no further obligations hereunder. If Buyer fails to give such notice to terminate within such 10-day period, Buyer shall be deemed to have waived the contingency described in this Section and this Agreement shall remain in full force and effect.]

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement and Joint Escrow Instructions

Arbitration of Disputes. The parties agree that any Any dispute concerning the application or claim in law or equity arising between them out effect of this Agreement or any resulting transaction, which Lease will be subject to “Arbitration”. As used herein Arbitration means arbitration procedures in conformity with and subject to applicable rules and procedures of the American Arbitration Association for resolving commercial disputes. If the American Arbitration Association is not settled through mediationthen in existence or for any reason fails or refuses to act, the Arbitration shall be decided by neutral, binding in conformity with and subject to the then existing provisions of California law relating to arbitration. The arbitrator Parties shall pay their respective attorneys’ fees and shall share the cost of Arbitration equally unless the arbitrators determine otherwise as a result of a party's malicious or capricious conduct. Each Party shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right entitled to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, to the arbitration shall be conducted in accordance with Title 9 of Part III of same extent as if the California Code of Civil Procedure. Judgment upon matter were before the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Superior Court.‌ “NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR LEASE 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.” Tenant’s Initials Landlord’s Initials DRAFT 1920. Nondiscrimination. Tenant covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this Lease is made and accepted upon and subject to the following conditions:‌ That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.

Appears in 1 contract

Samples: Commercial Lease

Arbitration of Disputes. The parties agree that Except for (A) any unlawful detainer action brought by Lessor against Lessee, (B) any matter other than enforcement of rights under this Lease, or (C) any matter primarily founded upon matters of fraud, willful misconduct, bad faith or any other allegations of tortuous action, and seek the award of punitive or exemplary damages, which disputes shall be resolved by suit filed in the Superior Court of Los Angeles County, California, the decision of which court shall be subject to appeal pursuant to applicable law, any dispute or claim in law or equity between Lessor and Lessee arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, Lease shall be decided determined by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal American Arbitration ActAssociation at Los Angeles, California. NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALIZING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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 OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Initials on behalf of Lessor Initials of behalf of Lessee __/s/____AEW___________ ________________________

Appears in 1 contract

Samples: Lease Assignment and Assumption Agreement (Helpcity Inc)

Arbitration of Disputes. The parties agree that any Any dispute or claim in law or equity arising between them out of related to this Agreement or any resulting transactionother Loan Document will be resolved exclusively by a representative from JAMS in Newport Beach, which is California pursuant to its streamlined rules. If the parties cannot settled through mediationagree upon a representative from JAMS, shall be decided by neutral, binding arbitrationthen JAMS will select an arbitrator. The arbitrator shall will be a retired judge authorized to order specific performance, damages or justice, any other legal or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees equitable remedy as would be available to a different arbitrator, who shall render any award in accordance with substantive California Lawcourt of law. The prevailing party in such arbitration will be entitled to have and recover from the other parties shall have the right to discovery participating in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted all costs and expenses of arbitration, including reasonable attorneys' fees, in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) addition to any other relief that may be entered into any court having jurisdictiongranted. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘THIS "ARBITRATION OF DISPUTES" PROVISION DECIDED EXCLUSIVELY BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘THIS "ARBITRATION OF DISPUTES’ PROVISION" PROVISION OR, IN THE CASE OF APPEAL, IN SECTIONS 1280-1294.4 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. /s/ /s/ Lender ______ Borrower ______

Appears in 1 contract

Samples: Revolving Line of Credit Agreement (Biolargo, Inc.)

Arbitration of Disputes. The parties agree that Any dispute arising out of or relating to the negotiation, construction, performance, or non-performance of any dispute or claim in law or equity arising between them out aspect of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided settled by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration conducted remotely/virtually in accordance with substantive California Lawthe Streamlined Arbitration Rules and Procedures of JAMS, and judgment upon the award rendered by any such arbitrator may be entered in any court having jurisdiction thereof. The parties shall have acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respectsprovision regarding governing law, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. No arbitration initiated under this Agreement shall be permitted by the arbitrator or a court to proceed or be maintained as a class action or representative action by You on behalf of other customers. NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW THE FEDERAL ARBITRATION ACT AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE FEDERAL ARBITRATION ACT OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. NOTICE: BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO MAINTAIN ANY CLASS ACTION OR REPRESENTATIVE ACTION IN ARBITRATION OR ANY COURT CONCERNING ANY DISPUTE SPECIFIED ABOVE. I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF CIVIL PROCEDURETHE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. Initials of Customer Initials of Powur Homeowners Association Information Please check the one of the appropriate boxes below to indicate whether or not installation of the Solar System on Your Property requires advance approval from any homeowners association or any other association or organization with any rights or claims over or with respect to the Property (“HOA”).

Appears in 1 contract

Samples: Solar Installation Agreement

Arbitration of Disputes. The parties agree that any Any dispute or claim in law or equity in excess of $7,500.00 arising between them out of this Agreement contract or any resulting transaction, which is not settled through mediation, transaction shall be decided by neutral, neutral binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration in accordance with substantive the rules of the American Arbitration Association and not by court action except as provided by California LawLaw for judicial review of arbitration proceedings. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereto. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other respectsprovisional remedies, the arbitration shall be conducted in accordance with Title 9 of Part III not constitute a waiver of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement right to arbitrate shall be governed by the Federal Arbitration Actunder this provision. "NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE INVOLVING A CLAIM IN EXCESS OF $7,500.00 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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." "I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES INVOLVING A CLAIM IN EXCESS OF $7,500.00 ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." (Initial) Consultant ( ) Client ( ) Client ( )

Appears in 1 contract

Samples: Consulting Services Contract

Arbitration of Disputes. The parties Seller and Xxxxxx agree that any dispute or claim in law Law or equity arising between them arising out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law Law experience, unless the parties mutually agrees agree to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III 3 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 19C. NOTICE: BY SIGNING THIS AGREEMENT, AGREEMENT YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION THIS AGREEMENT 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 A COURT OR JURY TRIAL. BY SIGNING THIS AGREEMENT YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER SIGNING THIS AGREEMENT, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDUREPROCEDURE.C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: SAMPLE The following matters shall be excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions.

Appears in 1 contract

Samples: Limited Service Listing Agreement

Arbitration of Disputes. The parties Subject to the foregoing Paragraph, Sublessee and ----------------------- Sublessor agree that any dispute or claim in law or equity arising between them out of relating to this Agreement or any resulting transaction, which is not settled through mediation, Sublease shall be decided by subject to neutral, binding arbitration and not by court action, unless this Sublease expressly states that such dispute is not subject to arbitration or the parties subsequently agree not to submit the dispute to arbitration. The arbitrator arbitration shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award conducted in accordance with substantive California Lawthe rules of either the American Arbitration Association (`AAA') or Judicial Arbitration and Mediation Services, Inc./Endispute (`JAMS/Endispute'). The selection shall be made by the party first filing for arbitration. The parties shall have the right to discovery an arbitration may agree in accordance with California Code of Civil Procedure §1283.05writing to use different rules and/or arbitrators. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of Part III (beginning with Section 1280) of the California Code of Civil Procedure. Judgment upon The arbitration shall be held in San Mateo County, California. Subject to the provisions of this Lease, an award of the arbitrator(s) arbitrator selected by the parties or by the court shall be final and binding upon the parties hereto and judgment may be entered into any upon it in a court having jurisdictionjurisdiction pursuant to Section 36.E. hereof. Interpretation The expenses of this agreement to arbitrate such arbitration shall be governed borne equally by Sublessor and Sublessee. In any arbitration under this Lease the Federal Arbitration Actparties shall be entitled to discovery in like manner as if the matter were a California Superior Court trial. NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. Consent to neutral arbitration by: SUBLESSEE: /s/ GC 2/17/99 ---------------- SUBLESSOR: /s/ SG 2/17/99 ----------------

Appears in 1 contract

Samples: Sublease Agreement (Ramp Networks Inc)

Arbitration of Disputes. The parties agree that any dispute Any controversies or claim in law claims between Seller and Buyer arising from or equity arising between them out of related to this Agreement or any resulting transaction, which is not settled through mediation, shall be decided settled by neutralarbitration in the City of San Jose, binding arbitration. The arbitrator shall be a retired judge or justiceCalifornia, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance commercial arbitration rules of JAMS if 1146205.doc not inconsistent with California Code other provisions of Civil Procedure §1283.05. In all other respectsthis Agreement, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon and judgment on the award of rendered by the arbitrator(s) arbitrators may be entered into in any court having jurisdiction. Interpretation The parties submit to the jurisdiction of this agreement to arbitrate the Superior Court of the State of California, Santa Xxxxx County, for purposes of confirming any such award and entering judgment. Each party shall be governed by the Federal Arbitration Actbear its own costs and expenses of arbitration. NOTICE: BY SIGNING THIS AGREEMENTINITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. THE UNDERSIGNED 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. Seller’s Initials: Buyer’s Initials:

Appears in 1 contract

Samples: Option and Purchase and Sale Agreement and Escrow Instructions

Arbitration of Disputes. The parties agree that any dispute All claims or claim in law disputes between Owner and Contractor arising out of, or equity arising between them out of this relating to, the Agreement or any resulting transaction, breach thereof which is are not settled through mediationwithin the Small Claims exception described in Section 6(b)above and which were not resolved in mediation pursuant to Section 6(a) above, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration held in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III rules and procedures of the California Code of Civil ProcedureProcedure (“CCP”) Section 1282 et seq., unless the parties mutually agree otherwise. Judgment upon As one alternative, the parties agree to use the Construction Industry Arbitration Rules of the American Arbitration Association. If the parties cannot agree on the appointment of a neutral arbitrator they shall be required to abide by the selection process described in CCP Section 1281.5. A notice of demand for arbitration shall be filed within a reasonable time after the dispute has arisen. The notice of demand for arbitration must be filed in writing with the other party to this Agreement and with the AAA and must be made in a reasonable time after the dispute has arisen. The award of rendered by the arbitrator(s) will be considered final and judgment may be entered into upon it in accordance with applicable law in any court having jurisdictionjurisdiction thereof. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY DISCOVER AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES’ PROVISION" PROVISION ABOVE. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF CIVIL PROCEDURE.THE MATTERS INCLUDED IN "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Contractor’s Initials Owner’s Initials

Appears in 1 contract

Samples: jhdet3hr6z2iddh546lx9618-wpengine.netdna-ssl.com

Arbitration of Disputes. The parties agree that If there is any dispute concerning the Materials or this Agreement, at your election, such dispute shall be submitted exclusively to binding arbitration in the County of Los Angeles, State of California, in accordance with the arbitration laws of the State of California and the rules and regulations of the American Arbitration Association not inconsistent therewith. The arbitration shall be held before a single neutral arbitrator having not less than ten (10) years experience as a practicing lawyer or judge of the California Superior Court or federal courts located in California in copyright and other intellectual property disputes. Any award favorable to me shall be limited to a monetary award of compensation for wrongful use, if any, of the Proprietary Materials, which shall either: (a) bear a reasonable relationship to, and not exceed, monies normally paid by you as of the date hereof for similar properties under similar circumstances; or (b) be an amount equal to the fair market value thereof as of the date hereof (not as of any later or other date), as the arbitrator reasonably shall determine. I acknowledge that I shall suffer no damage, if any, in excess of the amount so determined, whether arising out of, related to or in connection with any use or other exploitation of the Materials or by reason of any other claim in law I may have with respect thereto and that I shall not suffer any irreparable injury arising therefrom. I irrevocably and unconditionally waive any and all other rights, remedies or equity arising between them out benefits which I might have, whether for actual, punitive or statutory damages, any form of injunctive or other equitable relief, to rescind or terminate this Agreement or to litigate in court any resulting transactiondispute. BY AGREEING TO ARBITRATE, which is not settled through mediation, I IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL. The procedure for implementing or challenging the arbitrator's decision shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award that set forth in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05Section 1285, et seq., relating to confirming, correcting or vacating arbitration awards. In all The arbitrator's award shall not include an award of attorneys or other respectsprofessionals' fees or costs, or the costs of the arbitration shall be conducted in accordance with Title 9 of Part III of (including the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement arbitrator's fees or costs), to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDUREeither party.

Appears in 1 contract

Samples: Submission Agreement

Arbitration of Disputes. The parties agree that any dispute Any controversy or claim in law or equity arising between them out of or relating to the subject matter of this Agreement Agreement, or any resulting transactionthe breach thereof, which is not settled through mediationincluding both tort and contract claims, shall be decided settled as follows: the parties to the controversy or claim shall first attempt to resolve the controversy or claim by neutralmeeting with a mutually agreeable mediator. If the parties to the controversy or claim are unable to agree on a mediator, binding arbitration. The arbitrator then the mediator shall be a retired judge appointed by JAMS/Endispute, San Diego, California ("JAMS"). If the controversy or justiceclaim is not resolved by mediation within 60 days after the party raising the controversy or claim first notifies the other party(ies) thereof in writing, then the controversy or an attorney with claim shall be submitted to JAMS for binding arbitration at least 5 years of residential real estate law experienceSan Diego, unless the parties mutually agrees to a different arbitratorCalifornia, who shall render any award in accordance with substantive California LawJAMS's then current rules. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, award from the arbitration shall be conducted in accordance with Title 9 binding upon all parties and their successors, regardless of Part III whether one of the California Code of Civil Procedure. Judgment said parties fails or refuses to participate therein, and judgment upon the award of rendered by the arbitrator(s) arbitrator may be entered into in any court having jurisdictionjurisdiction thereof Attorneys' fees and costs may be awarded in the discretion of the arbitrator. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENTINITIALING 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 MAY HAVE TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIALTRILL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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 PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING, AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. /s/[SIGNATURE ILLEGIBLE ------------------------- _____________________ Initials of Seller Initials of Buyer

Appears in 1 contract

Samples: Purchase and Sale Agreement, Contribution Agreement and Joint Escrow Instructions (Kilroy Realty Corp)

Arbitration of Disputes. The parties agree that any dispute Any dispute, claim or claim in law or equity controversy arising between them out of or relating to this Agreement or any resulting transactionthe breach, which is not settled through mediationtermination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be decided determined by neutralarbitration in the City and County of San Francisco, binding arbitrationCalifornia, before a single arbitrator. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures; provided, however, if the amount in accordance with Title 9 of Part III controversy is not likely to be more than the amount of the California Code of Civil ProcedureDeposit, such matter shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment upon on the award of the arbitrator(s) may be entered into in any court having jurisdiction. Interpretation This clause shall not preclude parties from seeking provisional remedies in aid of this agreement to arbitrate shall be governed by the Federal Arbitration Actarbitration from a court of appropriate jurisdiction. NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA WASHINGTON LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF WASHINGTON LAW. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE CALIFORNIA CODE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF CIVIL PROCEDURE.THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. /s/ JG /s/ BH BUYER’S INITIALS SELLER’S INITIALS

Appears in 1 contract

Samples: Purchase Agreement (Invesco Real Estate Income Trust Inc.)

Arbitration of Disputes. The 4.0 If the initials of BORROWER and LENDER appear below, all controversies or claims among or between the parties agree that any dispute or claim in law or equity including BORROWER, LENDER, COMPANY, their respective officers, directors, agents, employees and assignees, arising between them out of this Agreement or any resulting transactionrelating to the proposed LOAN, which is including but not settled through mediationlimited to the arranging thereof, DOCUMENTS relating thereto, and the servicing and enforcement thereof, shall be decided determined by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III applicable rules of the California Code American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. ("JAMS"), at the election of Civil Procedurethe party initiating arbitration. Judgment upon on the arbitrators' award of the arbitrator(s) may be entered into in any court having jurisdiction. Interpretation Without waiving a party's right to arbitration, any party may seek judicial relief to: (a) enforce the assignment of rents provision contained in the deed(s) of trust securing the LOAN, including the appointment of a receiver; (b) secure possession of the PROPERTY by an action for unlawful detainer; or (c) commence an action in interpleader for the sole purpose of resolving conflicting claims to funds or DOCUMENTS delivered in escrow. Any proceeding for judicial foreclosure shall not be subject to arbitration. The exercise of the power of sale contained in the deed of trust securing the LOAN, or the exercise of any private default remedies under the California Commercial Code shall not constitute a waiver of this agreement to arbitrate Agreement nor shall they be governed by the Federal Arbitration Actdeemed inconsistent with arbitration. NOTICE: BY SIGNING THIS AGREEMENT, IF YOU INITIAL 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 A NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS YOUR RIGHT TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY YOU ARE ALSO GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. NOTWITHSTANDING YOUR ELECTION TO ARBITRATE, UNLESS THOSE RIGHTS ARE SPECIFICALLY YOU HAVE THE RIGHT TO CONTACT APPROPRIATE REGULATORY AGENCIES TO REGISTER A COMPLAINT ABOUT THE COMPANY OR THIS TRANSACTION. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES’ PROVISION' PROVISION TO NEUTRAL ARBITRATION. BORROWER AND LENDER: INITIAL ONLY IF YOU REFUSE TO SUBMIT AGREE TO ARBITRATION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.: initial initial initial initial initial initial initial initial

Appears in 1 contract

Samples: Escrow Instructions

Arbitration of Disputes. The parties agree that any Any dispute regarding the interpretation, enforcement or claim in law or equity arising between them out performance of this Agreement Agreement, [the xxxx of sale, or any resulting transaction, which is not settled through mediation, the assignment of leases] shall be decided by neutralarbitration before a single arbitrator pursuant to the commercial arbitration rules of JAMS. Following a demand for arbitration, binding arbitrationthe parties shall have ten calendar days to agree upon an arbitrator. If the parties cannot agree upon an arbitrator within such period, then either party may request that JAMS appoint an arbitrator. The decision of such arbitrator shall be a retired judge or justicefinal, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees and either party may apply to a different arbitrator, who shall render any award in accordance with substantive California Lawcourt of competent jurisdiction for the confirmation thereof. The parties prevailing party in such arbitration shall have the right be entitled to discovery in accordance with California Code reimbursement of Civil Procedure §1283.05its reasonable attorneys' fees and costs, expert witness fees and arbitration fees. In all other respects, the Any such arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil ProcedureLos Angeles County, California. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALLING 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 A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. Buyer's Initials: Seller's Initials: ] [If Buyer involved in tax free exchange: Exchange. Seller acknowledges that Buyer's purchase of the Property may be accomplished in connection with a tax-free exchange, and Seller agrees to cooperate with Buyer in completing such an exchange, provided that all costs in connection therewith shall be borne by Buyer. Buyer shall have until 4:00 p.m., time, on the date ten (10) days after full execution of this Agreement in which to engage a suitable tax-free exchange accommodator or facilitator. If Buyer has not found a suitable exchange accommodator or facilitator in its sole discretion, Buyer may terminate this Agreement by delivering written notice of its intention to so terminate to Seller at any time within such 10-day period, in which event this Agreement shall terminate, the Xxxxxxx Money deposit shall be returned to Buyer and the parties shall have no further obligations hereunder. If Buyer fails to give such notice to terminate within such 10-day period, Buyer shall be deemed to have waived the contingency described in this Section and this Agreement shall remain in full force and effect.]

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement and Joint Escrow Instructions

Arbitration of Disputes. The parties Subject to the foregoing Paragraph, Sublessee and Sublessor agree that any dispute or claim in law or equity arising between them out of relating to this Agreement or any resulting transaction, which is not settled through mediation, Sublease shall be decided by subject to neutral, binding arbitration and not by court action, unless this Sublease expressly states that such dispute is not subject to arbitration or the parties subsequently agree not to submit the dispute to arbitration. The arbitrator arbitration shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award conducted in accordance with substantive California Lawthe rules of either the American Arbitration Association ("AAA") or Judicial Arbitration and Mediation Services, Inc./Endispute ("JAMS/Endispute"). The selection shall be made by the party first filing for arbitration. The parties shall have the right to discovery an arbitration may agree in accordance with California Code of Civil Procedure §1283.05writing to use different rules and/or arbitrators. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of Part III (beginning with Section 1280) of the California Code of Civil Procedure. Judgment upon The arbitration shall be held in San Mateo County, California. Subject to the provisions of this Lease, an award of the arbitrator(s) arbitrator selected by the parties or by the court shall be final and binding upon the parties hereto and judgment may be entered into any upon it in a court having jurisdictionjurisdiction pursuant to Section 36.E. hereof. Interpretation The expenses of this agreement to arbitrate such arbitration shall be governed borne equally by Sublessor and Sublessee. In any arbitration under this Lease the Federal Arbitration Actparties shall be entitled to discovery in like manner as if the matter were a California Superior Court trial. NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. Consent to neutral arbitration by: SUBLESSEE SUBLESSOR (_____) (_____) (_____) (_____)

Appears in 1 contract

Samples: Sublease Agreement (Ramp Networks Inc)

Arbitration of Disputes. The parties Seller and Xxxxxx agree that any dispute or claim in law Law or equity arising between them arising out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law Law experience, unless the parties mutually agrees agree to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III 3 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 19C. NOTICE: BY SIGNING THIS AGREEMENT, AGREEMENT YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION THIS AGREEMENT 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 A COURT OR JURY TRIAL. BY SIGNING THIS AGREEMENT YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER SIGNING THIS AGREEMENT, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDUREPROCEDURE.C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: The following matters shall be excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions.

Appears in 1 contract

Samples: Limited Service Listing Agreement

Arbitration of Disputes. The parties Seller and Xxxxxx agree that any dispute or claim in law Law or equity arising between them arising out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experienceLaw experience in the state of the subject Property, unless the parties mutually agrees agree to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05Procedure. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 19C. NOTICE: BY SIGNING THIS AGREEMENT, AGREEMENT YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA STATE LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY SIGNING THIS AGREEMENT YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER SIGNING THIS AGREEMENT, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA STATE CODE OF CIVIL PROCEDUREPROCEDURE.C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: The following matters shall be excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in State Civil Code; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver or violation of the mediation and arbitration provisions.

Appears in 1 contract

Samples: Service Listing Agreement

Arbitration of Disputes. The parties agree that any Any dispute or claim in law or equity arising between them out of this Agreement Agreement, whether for interpretation or any resulting transaction, which is not settled through mediationenforcement of its terms, shall be decided determined and settled by neutralarbitration under the then prevailing commercial rules of the American Arbitration Association; provided, binding arbitration. The arbitrator however, that each party shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless entitled to engage in discovery to the parties mutually agrees to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of extent permitted under the California Code of Civil Procedure. Judgment upon , without regard to whether such arbitration is otherwise governed by the award laws of the arbitrator(s) State of California. Arbitration shall be held in Orange County, California. Any award rendered in such arbitration shall be final and binding on each of the parties and judgment may be entered into any court having jurisdictionthereon in the Superior Court of the State of ___________ for the County of ________________. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. DRS EAT DRS LLC DEL Exchanger xxxxxxxxxxxxxx

Appears in 1 contract

Samples: Qualified Exchange Accommodation Agreement (Maguire Properties Inc)

Arbitration of Disputes. The parties agree that Either party to this Agreement may require the arbitration of any dispute arising under or claim in law or equity arising between them out of connection with any matter related to this Agreement or any resulting transactionrelated agreement. Such party may initiate or require the other party to submit to arbitration. If legal action has already commenced, which is not settled through mediation, the party seeking arbitration must so notify the other party in writing of such demand within twenty (20) days after the first service of process on such party. The arbitration shall be decided by neutralin conformity with and subject to the applicable rules and procedures of the American Arbitration Association or, binding arbitration. The arbitrator shall be at the election of the demanding party, any other form of "alternative dispute resolution" procedure generally recognized in the State of California; e.g., a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees reference pursuant to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05("Code") Section 638 and/or reliance upon Section 1280 et. In all other respects, seq. of the Code. Any arbitration shall incorporate Section 1283.05 of the Code with respect to discovery matters. All parties agree to be (1) subject to the jurisdiction and venue of the arbitration shall in the county in which the principal office of Company is located or any other county in the State of California that may be conducted in accordance with Title 9 of Part III mutually agreeable to the parties, (2) bound by the decision of the California Code of Civil Procedure. Judgment upon arbitrator as the award final decision with respect to the dispute and (3) subject to the jurisdiction of the arbitrator(s) may be entered into Superior Court of the State of California for the purpose of confirmation and enforcement of any court having jurisdictionaward. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE FOREGOING ARBITRATION OF DISPUTES’ 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES’ DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, 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. YOU 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. EMPLOYEE: THE COMPANY: ON'VILLAGE COMMUNICATIONS, INC. /s/ JACK XXXXXX By:/s/ ROBEXX XXXXXX --------------------------- --------------------------- Jack Xxxxxx Robexx Xxxxxx President and Chief Operating Officer

Appears in 1 contract

Samples: Employment Agreement (On Village Communications Inc)

Arbitration of Disputes. The If, at any time, any controversy shall arise between the parties agree that with respect to any dispute matter arising out of, or claim in law relating to this contract, the formation or equity arising between them out validity thereof, performance thereunder of this Agreement or any resulting transactionthe breach thereof, which is the parties do not settled through mediationpromptly adjust and determine, said controversy shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration administered and in accordance with substantive California Lawthe Construction Arbitration Rules of the American Arbitration Association then obtaining unless waived. The parties shall have This agreement to arbitrate rendered by the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration arbitrators shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) final and judgment may be entered into upon it in any court having jurisdictionjurisdiction thereof. Interpretation The locale of this any arbitration hearing will be determined as would the venue of any action pursuant to the laws of the state. This agreement to arbitrate shall be governed not apply to the non-judicial exercise of the power of sale granted by Buyer to the Federal Arbitration Acttrustee for the benefit of Builder. NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES’ DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA TEXAS LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES’ DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF CIVIL PROCEDURE.THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION. Initials Initials

Appears in 1 contract

Samples: Life Enhancing Agreement

Arbitration of Disputes. The 5.0 All controversies or claims between the parties agree that any dispute or claim in law or equity hereto including COMPANY arising between them out of or relating to the loan contemplated by this Agreement or any resulting transactionagreement, which is including but not settled through mediationlimited to the arranging thereof, documents relating thereto, and the servicing and enforcement thereof, shall be decided determined by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III applicable rules of the California Code of Civil ProcedureAmerican Arbitration Association. Judgment upon on the arbitrators' award of the arbitrator(s) may be entered into in any court having jurisdiction. Interpretation Without waiving a party's right to arbitration any party may apply to any court of competent jurisdiction for the following: (a) to enforce the assignment of rents provision contained in any deed of trust securing the loan, including the appointment of a receiver; (b) to secure possession of the real property subject to the deed of trust by an action for unlawful detainer; or to commence an action in interpleader for the sole purpose of resolving conflicting claims to funds, documents or instruments deposited in escrow. Any proceeding for judicial foreclosure shall not be subject to arbitration. The exercise of the power of sale contained in the deed of trust securing this loan, or the exercise of any private default remedies under the Uniform Commercial Code shall not constitute a waiver of this agreement to arbitrate nor shall they be governed by the Federal Arbitration Actdeemed inconsistent with arbitration. NOTICE: BY SIGNING THIS AGREEMENTBy 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 a neutral arbitration as provided by California law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. By initialing in the space below you are giving up your judicial rights to discovery and appeal, 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 A COURT OR JURY TRIALunless such rights are specifically included in the 'Arbitration of Disputes' provision. BY YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEALIf you refuse to submit to arbitration after agreeing to this provision, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISIONyou may be compelled to arbitrate under the authority of the California code of civil procedure. IF YOU REFUSE TO SUBMIT TO ARBITRATION, 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 understood the foregoing and agree to submit disputes arising out of the matters included in the Arbitration of Disputes' provision to neutral arbitration. Initial Initial Initial Initial DUAL AGENCY DISCLOSURE

Appears in 1 contract

Samples: Borrower Escrow Instructions

Arbitration of Disputes. The Except as otherwise provided in this Section 21.26 and except in connection with any determination of “market rent” pursuant to any provision of this Lease, any controversy (whether in tort or contract or other) arising under or relating to this Lease, the subject matter of this Lease, and/or the transactions contemplated herein or related thereto (including but not limited to the parties' rights to any monies due hereunder or otherwise), the parties hereto agree that any dispute or claim in law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, such controversy shall be decided settled by neutralfinal, binding arbitration. The arbitrator shall be a retired judge or justicearbitration in San Diego, or an attorney with at least 5 years of residential real estate law experienceCalifornia, unless the parties mutually agrees to a different arbitrator, who shall render any award administered by and in accordance with substantive California Lawthe Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall have hereto agree that the right to discovery in accordance with provisions of California Code of Civil Procedure §1283.05. In all other respects, the arbitration as it may be amended from time to time, shall be conducted incorporated into, made a part of, and made applicable to this arbitration agreement, except to the extent in conflict with any provision of this Section. The arbitrators shall have the authority to award compensatory damages only and shall have no authority to award punitive, exemplary or similar type damages or any form of equitable relief. Only a practicing attorney-at-law licensed to practice in the State of California, with at least 10 years experience in commercial landlord-tenant or other commercial real estate matters, or a judge retired from the bench of either the State or federal courts in California, may be appointed to serve as an arbitrator. The award shall be in writing, signed by the arbitrator (or a majority of the panel of arbitrators), and shall include findings of fact and conclusions of law. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, its reasonable fees and costs, including but not limited to arbitrator and administrative fees, in accordance with Title 9 Section 21.18 of Part III this Lease. Notwithstanding anything in this Section to the contrary, in the event of a Default, Landlord shall be entitled to commence and maintain a civil action in accordance with the unlawful detainer statutes to recover possession of the California Code of Civil Procedure. Judgment upon Premises and damages arising from the award Default, and to recover possession of the arbitrator(s) may be entered into any court having jurisdictionPremises and all amounts awarded pursuant to the judgment. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. Initials_______ Initials________ Initials_______ Initials_______

Appears in 1 contract

Samples: Industrial Lease Net (Alphatec Holdings, Inc.)

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Arbitration of Disputes. The parties Notwithstanding anything contained herein to the contrary, You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any related transaction relating to the use of the Site or its services or any relationship or dispute between You and S&R or claim in law You and any company or equity arising between them out of person employed by or which is affiliated with either S&R, this Agreement and/or any policies or practices of any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(sabove mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be resolved through an individual arbitration governed by the Federal Arbitration ActAct or by the applicable sections of California law to the maximum extent permitted by applicable law. “NOTICE: BY SIGNING THE PARTIES TO THIS AGREEMENT, 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 AGREEMENT GIVE UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY YOU ARE GIVING UP YOUR JUDICIAL THEIR RESPECTIVE RIGHTS TO DISCOVERY AND APPEALGO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN THE ‘ARBITRATION OF DISPUTES’ PROVISIONANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. IF YOU REFUSE TO SUBMIT TO ARBITRATIONNo party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a Dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDUREthe arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer- Related Disputes, to be held in San Francisco, California. Any proceeding to enforce this arbitration agreement must be brought in the state or federal courts located in the City and County of San Francisco, California, to the exclusion of all other forums. This Agreement shall be governed and construed in accordance with the laws of the State of California, notwithstanding any contrary choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise.

Appears in 1 contract

Samples: skullandroses.com

Arbitration of Disputes. The parties Owner and Broker agree that any dispute or claim in law or equity arising between them out of the obligation to pay compensation under this Agreement or any resulting transactionAgreement, which is not settled through mediation, shall be decided by neutral, binding arbitration, subject to paragraph 9C below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 five years of residential income real estate transactional law experience, unless the parties mutually agrees agree to a different arbitrator, who shall render any an award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into in any court having jurisdiction. Interpretation The parties shall have the right to discovery in accordance with Code of this agreement to arbitrate shall be governed by the Federal Arbitration ActCivil Procedure §1283.05. “NOTICE: BY SIGNING THIS AGREEMENT, 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 MIGHTPOSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL VICIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” Owner and Broker acknowledge receipt of copy of this page, which constitutes Page 3 of 4 Pages. Owner’s Initials ( ) ( ) Broker’s Initials ( ) ( ) Owner Name: Date “WE HAVE READ AND UNDER THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.” Owner’s Initials / Broker’s Initials /

Appears in 1 contract

Samples: Property Management Agreement

Arbitration of Disputes. The parties Buyer and Seller agree that any dispute or claim in law or equity arising between them out of this Agreement agreement or any resulting transaction, which is not settled through mediation, mediation shall be decided by neutral, binding arbitration. The , SUBJECT to paragraphs below the arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees agree to a different arbitrator, who shall render any an award in In accordance with substantive California Law. In all other respects, the arbitration shall be conducted In accordance with Part III, Title 9 of the California Code of Civil Procedure Judgment upon the award of the arbitrator(s) may be entered in any Court having jurisdiction. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “s1283.05 "NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, 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. " Buyer’s” Initials _____/____ “Seller’s” Initials _____/_____

Appears in 1 contract

Samples: Purchase and Sale Agreement

Arbitration of Disputes. The parties agree that any dispute Any claim or claim in law or equity controversy arising between them out of or relating to this Agreement or any resulting transactionthe interpretation, which is not settled through mediationperformance, or breach thereof shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III Arbitration Rules of the California Code of Civil ProcedureYacht Brokers Association provided in the California Yacht BROKERS Association Arbitration Procedures Manual in effect on the date that arbitration is requested. Judgment Manuals and fee schedules are available upon request from the award of the arbitrator(s) may be entered into any court having jurisdictionCalifornia Yacht Brokers Association. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE PROVIDED BELOW YOU ARE AGREEING TO HAVE SUBMIT ANY DISPUTE ARISING OUT OF OR RETALIATING TO THIS AGREEMENT OR THE MATTERS INCLUDED BREACH THEREOF TO BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION RULES OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY THE CALIFORNIA LAW YACHT BROKERS ASSOCIATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE . IF YOUR JUDICIAL RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISIONTO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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 PROVISION IS VOLUNTARY. “WE INITIAL THE SPACES PROVIDED BELOW HAVING READ AND UNDERSTOOD THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING TO BINDING ARBITRATION. 25.

Appears in 1 contract

Samples: www.adairyachts.com

Arbitration of Disputes. The Except as otherwise provided in this Section 21.26 and except in connection with any determination of “market rent” pursuant to any provision of this Lease, any controversy (whether in tort or contract or other) arising under or relating to this Lease, the subject matter of this Lease, and/or the transactions contemplated herein or related thereto (including but not limited to the parties’ rights to any monies due hereunder or otherwise), the parties hereto agree that any dispute or claim in law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, such controversy shall be decided resolved by neutralfinal, binding arbitration. The arbitrator shall be a retired judge or justicearbitration in San Diego, or an attorney with at least 5 years of residential real estate law experienceCalifornia, unless the parties mutually agrees to a different arbitrator, who shall render any award administered by and in accordance with substantive California Lawthe Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall have hereto agree that the right to discovery in accordance with provisions of California Code of Civil Procedure §1283.05. In all other respects, the arbitration as it may be amended from time to time, shall be conducted incorporated into, made a part of, and made applicable to this arbitration agreement, except to the extent in conflict with any provision of this Section. The arbitrators shall have the authority to award compensatory damages only and shall have no authority to award punitive, exemplary or similar type damages or any form of equitable relief. Only a practicing attorney-at-law licensed to practice in the State of California, with at least ten (10) years’ experience in commercial landlord-tenant or other commercial real estate matters, or a judge retired from the bench of either the state or federal courts in California, may be appointed to serve as an arbitrator. The award shall be in writing, signed by the arbitrator (or a majority of the panel of arbitrators), and shall include findings of fact and conclusions of law. The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrators, its reasonable fees and costs, including but not limited to arbitrator and administrative fees, in accordance with Title 9 Section 21.18 of Part III this Lease. Notwithstanding anything in this Section to the contrary, in the event of a Default, Landlord shall be entitled to commence and maintain a civil action in accordance with the unlawful detainer statutes to recover possession of the California Code of Civil Procedure. Judgment upon Premises and damages arising from the award Default, and to recover possession of the arbitrator(s) may be entered into any court having jurisdictionPremises and all amounts awarded pursuant to the judgment. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. Initials Initials Initials Initials NNN Form 2021 CARLSBAD CORPORATE CENTER I - 336 October 1, 2021 -21-

Appears in 1 contract

Samples: Aptera Motors Corp

Arbitration of Disputes. The parties Buyer and Seller agree that any dispute or claim in law Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. Xxxxx and Xxxxxx also agree to arbitrate any disputes or claims with Xxxxxx(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law Law experience, unless the parties mutually agrees agree to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III 3 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in Section 11(c). “NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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.” BUYER’S INITIALS: _ , SELLER’S INITIALS: , ,

Appears in 1 contract

Samples: Real Estate Purchase Agreement

Arbitration of Disputes. The All controversies and/or claims between the parties agree that any dispute or claim in law or equity hereto, including “COMPANY”, arising between them out of or relating to the loan contemplated by this Agreement or any resulting transactionagreement, which is including but not settled through mediationlimited to the arranging thereof, documents relating thereto, and the servicing and enforcement thereof, shall be decided determined by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III applicable rules of the California Code of Civil ProcedureAmerican Arbitration Association. Judgment upon on the arbitrator‟s award of the arbitrator(s) may be entered into in any court having jurisdiction. Interpretation Without waiving a party‟s right to arbitration, any party may apply to any court of competent jurisdiction for the following: (a) to enforce the assignment of rents provision contained in any deed of trust securing the loan, including the appointment of a receiver; (b) to secure possession of the real property subject to the deed of trust by an action for unlawful detainer. Any proceeding for judicial foreclosure shall not be subject to arbitration. The exercise of the power of sale contained in the deed of trust securing this loan, or the exercise of any private default remedies under the Uniform Commercial Code shall not constitute a waiver of this agreement to arbitrate nor shall they be governed by the Federal Arbitration Actdeemed inconsistent with arbitration. NOTICE: BY SIGNING THIS AGREEMENTINITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES’ 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ DISPUTES‟ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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 UNDERSTOOD THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE „ARBITRATION OF DISPUTES‟ PROV ARBITRATION. INITIAL-->> LENDER: COMPANY:

Appears in 1 contract

Samples: Lender Servicing Agreement

Arbitration of Disputes. The parties agree that any dispute Any controversy or claim in law or equity arising between them out of or relating to this Agreement contract or any resulting transaction, which is not settled through mediationthe breach thereof, shall be decided settled by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless arbitration administered by the parties mutually agrees to a different arbitrator, who shall render any award American Arbitration Association in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respectsits Commercial Arbitration Rules, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon and judgment on the award of rendered by the arbitrator(s) may be entered into in any court having jurisdictionjurisdiction thereof. Interpretation The place of this agreement to arbitrate the arbitration shall be governed by Orange County, California. Each party shall bear its own costs and expenses including legal fees and an equal share of the Federal Arbitration Actarbitrator's and administrative fees of arbitration. NOTICE: BY SIGNING THIS AGREEMENTINITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION BREACH THEREOF 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER AGREEING TO HIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.. YOUR AGREEMENT TO THE ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OR RELATING TO THIS AGREEMENT OR THE BREACH THEREOF TO NEUTRAL ARBITRATION. Trimedyne: _______ Xxxxxxx X. Xxxxxxxx: _______ MST: _______ Xxxxxxx X. Xxxxxxxx: _______ SECTION 8 GENERAL PROVISIONS

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Trimedyne Inc)

Arbitration of Disputes. The parties agree that Either party to this Agreement may require the arbitration of any dispute arising under or claim in law or equity arising between them out of connection with any matter related to this Agreement or any resulting transactionrelated agreement. Such party may initiate or require the other party to submit to arbitration. If legal action has already commenced, which is not settled through mediation, the party seeking arbitration must so notify the other party in writing of such demand within twenty (20) days after the first service of process on such party. The arbitration shall be decided by neutralin conformity with and subject to the applicable rules and procedures of the American Arbitration Association or, binding arbitration. The arbitrator shall be at the election of the demanding party, any other form of "alternative dispute resolution" procedure generally recognized in the State of California; e.g., a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees reference pursuant to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05("Code") Section 638 and/or reliance upon Section 1280 et. In all other respects, seq. of the Code. Any arbitration shall incorporate Section 1283.05 of the Code with respect to discovery matters. All parties agree to be (1) subject to the jurisdiction and venue of the arbitration shall in the county in which the principal office of Company is located or any other county in the State of California that may be conducted in accordance with Title 9 of Part III mutually agreeable to the parties, (2) bound by the decision of the California Code of Civil Procedure. Judgment upon arbitrator as the award final decision with respect to the dispute and (3) subject to the jurisdiction of the arbitrator(s) may be entered into Superior Court of the State of California for the purpose of confirmation and enforcement of any court having jurisdictionaward. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE FOREGOING ARBITRATION OF DISPUTES’ 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES’ DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, 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. YOU 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. EMPLOYEE: THE COMPANY: ON'VILLAGE COMMUNICATIONS, INC. /s/ JAMEX XXXXXX By: /s/ ROBEXX XXXXXX ---------------------------- ---------------------------- Jamex Xxxxxx Robexx Xxxxxx President and Chief Operating Officer

Appears in 1 contract

Samples: Employment Agreement (On Village Communications Inc)

Arbitration of Disputes. The parties Owner and Broker agree that any dispute or claim in law Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law Law experience, unless the parties mutually agrees agree to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 15C. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE DSPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION ARIBTRATION 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ THIS PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, 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.” Owner’s initials / Broker’s initials _/

Appears in 1 contract

Samples: Broker Agreement

Arbitration of Disputes. The If the parties agree that are unable to resolve any dispute or claim in law or equity arising between them out regarding the terms of this Agreement Lease or Lessor or Lessee's rights hereunder, except money to be paid, within 30 days after commencement of good faith negotiations, any resulting transactionsuch dispute may be referred to arbitration by either party. Any unresolved dispute as to any amount or sum of money to be paid by one party to the other party under the provisions hereof, which the party against whom the obligation to pay the money is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties asserted shall have the right to discovery in accordance with make payment "under protest," such payment not being regarded as voluntary payment and there shall survive the right on the part of said party to request that the matter be submitted to arbitration as provided below concerning the recovery of such sum. Notwithstanding the above, this provision shall not apply to payments of the base rent or to the initial CAC payable under this Lease or any amount based on Lessee's pro rata share. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease. In the event of such dispute between Lessor and Lessee regarding the terms of this Lease, or Lessor and Lessee's rights and obligations hereunder, such dispute shall be resolved by binding arbitration pursuant to California Code of Civil Procedure §1283.05Sections 1280 through 1294.2 or successor stature. In all other respects, the Any such arbitration shall be held and conducted in accordance with Title 9 of Part III of the California Code of Civil ProcedureSan Jose, California. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement to arbitrate The prevailing party in such arbitration shall be governed by the Federal Arbitration Actentitled to recover its reasonable attorneys' fees and costs. NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. LESSOR:____________ LESSEE:____________

Appears in 1 contract

Samples: Plans And (General Surgical Innovations Inc)

Arbitration of Disputes. The parties agree that Any dispute arising out of or relating to the negotiation, construction, performance, or non-performance of any dispute or claim in law or equity arising between them out aspect of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided settled by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration conducted remotely/virtually in accordance with substantive California Lawthe Streamlined Arbitration Rules and Procedures of JAMS, and binding judgment upon the award rendered by any such arbitrator may be entered in any court having jurisdiction thereof. Any mandatory fees will be charged to the parties equally. The most current fee schedule can be accessed at xxxxx://xxx.xxxxxxx.xxx/arbitration-fees. Any claim against the Maryland Home Improvement Guaranty Fund by You will be stayed until completion of the arbitration proceeding. The parties shall have acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respectsprovision regarding governing law, the arbitration shall be conducted in accordance with Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. No arbitration initiated under this Agreement shall be permitted by the arbitrator or a court to proceed or be maintained as a class action or representative action by You on behalf of other customers. NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW THE FEDERAL ARBITRATION ACT AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE FEDERAL ARBITRATION ACT OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. NOTICE: BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO MAINTAIN ANY CLASS ACTION OR REPRESENTATIVE ACTION IN ARBITRATION OR ANY COURT CONCERNING ANY DISPUTE SPECIFIED ABOVE. I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF CIVIL PROCEDURETHE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. CUSTOMER: POWUR: Signature: Signature: Date: Date: Homeowners Association Information Please check one of the appropriate boxes below to indicate whether or not installation of the Solar System on Your Property requires advance approval from any homeowners association or any other association or organization with any rights or claims over or with respect to the Property (“HOA”).

Appears in 1 contract

Samples: Solar Installation Agreement

Arbitration of Disputes. The 4.0 If the initials of BORROWER and LENDER appear below, all controversies or claims among or between the parties agree that any dispute or claim in law or equity including BORROWER, LENDER, COMPANY, their respective officers, directors, agents, employees and assignees, arising between them out of this Agreement or any resulting transactionrelating to the proposed LOAN, which is including but not settled through mediationlimited to the arranging thereof, DOCUMENTS relating thereto, and the servicing and enforcement thereof, shall be decided determined by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III applicable rules of the California Code American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. ("JAMS"), at the election of Civil Procedurethe party initiating arbitration. Judgment upon on the arbitrators' award of the arbitrator(s) may be entered into in any court having jurisdiction. Interpretation Without waiving a party's right to arbitration, any party may seek judicial relief to: (a) enforce the assignment of rents provision contained in the deed(s) of trust securing the LOAN, including the appointment of a receiver; (b) secure possession of the PROPERTY by an action for unlawful detainer; or (c) commence an action in interpleader for the sole purpose of resolving conflicting claims to funds or DOCUMENTS delivered in escrow. Any proceeding for judicial foreclosure shall not be subject to arbitration. The exercise of the power of sale contained in the deed of trust securing the LOAN, or the exercise of any private default remedies under the California Commercial Code shall not constitute a waiver of this agreement to arbitrate Agreement nor shall they be governed by the Federal Arbitration Actdeemed inconsistent with arbitration. NOTICE: BY SIGNING THIS AGREEMENT, IF YOU INITIAL 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 A NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS YOUR RIGHT TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY YOU ARE ALSO GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. NOTWITHSTANDING YOUR ELECTION TO ARBITRATE, UNLESS THOSE RIGHTS ARE SPECIFICALLY YOU HAVE THE RIGHT TO CONTACT APPROPRIATE REGULATORY AGENCIES TO REGISTER A COMPLAINT ABOUT THE COMPANY OR THIS TRANSACTION. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES’ PROVISION' PROVISION TO NEUTRAL ARBITRATION. XXXXXXXX AND XXXXXX: INITIAL ONLY IF YOU REFUSE TO SUBMIT AGREE TO ARBITRATION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.: initial initial initial initial initial initial initial initial

Appears in 1 contract

Samples: Escrow Instructions

Arbitration of Disputes. The parties Buyer and Seller agree that any dispute or claim in law Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and Seller also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law Law experience, unless the parties mutually agrees agree to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III 3 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in Section 11(c). “NOTICE: BY SIGNING THIS AGREEMENT, 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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.” BUYER’S INITIALS: _ , SELLER’S INITIALS: , ,

Appears in 1 contract

Samples: Real Estate Purchase Agreement

Arbitration of Disputes. The parties agree that to this Agreement shall exercise their best efforts to negotiate and settle promptly any dispute or claim that may arise with respect to this Agreement. Time is of the essence in law or equity arising between them out the resolution of this Agreement or any resulting transaction, which is disputes. In the event that a dispute cannot be so settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees agree to a different arbitratorsubmit such dispute to binding arbitration at Los Angeles, who shall render any award California in accordance with substantive California Lawthe then prevailing rules of the American Arbitration Association (or any successor thereto). The parties shall have If the right American Arbitration Association is not then in existence and there is no successor, or if for any reason the American Arbitration Association fails or refuses to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respectsact, the arbitration shall be conducted in conformity with and subject to the provisions of applicable California statutes (if any) relating to arbitration at the time of the notice. The arbitrators shall be bound by this agreement and all related agreements. Pleadings in any action pending on the same matter shall, if arbitration is required as aforesaid, be deemed amended to limit the issues to those contemplated by the rules prescribed above. The prevailing party shall pay the costs of arbitration, including arbitrator=s fees, as awarded by the arbitrator(s). The number and selection of arbitrator(s) shall be in accordance with Title 9 of Part III the rules prescribed above, except that each arbitrator selected shall be neutral and familiar with the principal subject matter of the California Code issues to be arbitrated, such as, by way of Civil Procedureexample, federal and state grant administration, or such other subject matter as may be at issue, the testimony of witnesses shall be given under oath, and depositions and other discovery may be ordered by the arbitrator(s). Judgment upon the award The decision of the arbitrator(s) shall be conclusive, final and binding on the parties for all purposes. The award rendered in any arbitration may be entered into any court having jurisdictionand enforced as a judgment under California law at the request of either party to the arbitration. Interpretation of this agreement to arbitrate shall be governed by the Federal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES’ 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE >ARBITRATION OF DISPUTES’ DISPUTES= PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE APPLICABLE STATE STATUTE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT ANY DISPUTE ARISING OUT OF CIVIL PROCEDURE.THIS AGREEMENT INCLUDED IN THE >ARBITRATION OF DISPUTES= PROVISION CONTAINED IN THIS AGREEMENT. _____________________ (_________)

Appears in 1 contract

Samples: Agreement

Arbitration of Disputes. The parties agree that Either party to this Agreement may require the arbitration of any dispute arising under or claim in law or equity arising between them out of connection with any matter related to this Agreement or any resulting transactionrelated agreement. Such party may initiate or require the other party to submit to arbitration. If legal action has already commenced, which is not settled through mediation, the party seeking arbitration must so notify the other party in writing of such demand within twenty (20) days after the first service of process on such party. The arbitration shall be decided by neutralin conformity with and subject to the applicable rules and procedures of the American Arbitration Association or, binding arbitration. The arbitrator shall be at the election of the demanding party, and other form of "alternative dispute resolution" procedure generally recognized in the State of California; e.g., a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees reference pursuant to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05("Code") Section 638 and/or reliance upon Section 1280 et. In all other respects, seq. of the Code. Any arbitration shall incorporate Section 1283.05 of the Code with respect to discovery matters. All parties agree to be (1) subject to the jurisdiction and venue of the arbitration shall be conducted in accordance with Title 9 of Part III the county in which the principal office of the Company is located or any other county in the State of California Code of Civil Procedure. Judgment upon that may be mutually agreeable to the award parties, (2) bound by the decision of the arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this agreement arbitrator as the final decision with respect to arbitrate shall be governed by the Federal Arbitration Act. “dispute NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE FOREGOING ARBITRATION OF DISPUTES’ DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT MAY POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES’ DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, 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. YOU 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. EMPLOYEE: THE COMPANY: ON'VILLAGE COMMUNICATIONS, INC. By KENT XXXXXXX By JACK XXXXXX --------------------------- --------------------------- Kent Xxxxxxx Jack Xxxxxx Chief Executive Officer

Appears in 1 contract

Samples: Employment Agreement (On Village Communications Inc)

Arbitration of Disputes. The parties Parties agree that any dispute or claim in law Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential transactional real estate law experience, unless the parties mutually agrees agree to a different arbitrator, who shall render any award in accordance with substantive California Law. The parties Parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. , In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part III 3 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) } may be entered into any court having jurisdiction. Interpretation Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. The following matters are excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; and (III) any matter that is within the Jurisdiction of a probate, small claims or bankruptcy court. The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (Ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, Injunction, or other provisional remedies, or (iii) the recording of a mechanic's lien. "NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED INCL.UDED 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY XXXXXXXXXX.XX INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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." BUYER SELLER

Appears in 1 contract

Samples: Real Property Purchase Agreement

Arbitration of Disputes. The parties agree that any Any dispute or claim in law or equity arising between them out of this Agreement or any resulting transactiontransaction (except under any note carried back by Seller or Deed of Trust securing the same) whether arising prior to or after the Close of Escrow, which is not settled through mediationincluding, without limitation, any and all disputes regarding liquidated damages, cancellation of Escrow, representations by Buyer or Seller, specific performance, the existence and extent of any defects in the Property, manufacturer warranty, and the extent of any damages sustained, shall be decided by neutral, neutral binding arbitration. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award arbitration in accordance with substantive California Law. The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the commercial arbitration shall be conducted in accordance with Title 9 of Part III rules of the American Arbitration Association, and not by court action except as provided by California Code law for judicial review of Civil Procedurearbitration proceedings. Judgment upon the award of rendered by the arbitrator(s) may be entered into in any court having jurisdictionjurisdiction thereof. Interpretation In the event there is a disagreement as to the selection of this agreement an arbitrator, the American Arbitration Association shall select the arbitrator. The obligation to arbitrate set forth herein shall survive the Close of Escrow and the delivery of Seller’s Grant Deed. If the determination as to whether Seller is entitled to disbursement of Purchase Money as liquidated damages is referred to arbitration, any fee to initiate arbitration shall be governed paid by Seller, but the cost of arbitration shall ultimately be borne as determined by the Federal Arbitration Actarbitrator. NOTICE: BY SIGNING THIS AGREEMENT, INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION 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 A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTESPROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATIONARBITRATION 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. Buyer Initials Buyer Initials Seller Initials

Appears in 1 contract

Samples: Property Purchase Agreement

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