Common use of Arbitration Proceeding Clause in Contracts

Arbitration Proceeding. (i) If any Party desires to arbitrate any Dispute, that Party shall notify the other Party of the Dispute desired to be arbitrated, including a brief statement of the matter in controversy. If the Parties are not able to resolve the Dispute within fifteen (15) days after the Party notifies the other Party of its desire to arbitrate, then, within fifteen (15) days immediately after the expiration of the aforesaid 15-day period, the Parties shall attempt to agree upon an independent arbitrator. Unless all Parties can agree in writing on a single arbitrator within fifteen (15) days, then, within fifteen (15) days thereafter, each Party shall notify the other in writing of the name of the independent arbitrator chosen by it. If either Party fails to timely give the other notice of such appointment, then the Party who timely gave such notice shall be entitled to require that its arbitrator act as the sole arbitrator hereunder. If an arbitrator is timely appointed by each of the Parties, the two named arbitrators shall select the independent arbitrator within fifteen (15) days after they have both been appointed, and they shall promptly notify the Parties thereof. Each Party shall promptly notify the other Party and the Party-selected arbitrators in writing if the independent arbitrator has any relationship to or affiliation with such Party (a “Notice of Relationship”), in which event another arbitrator shall be selected within fifteen (15) days after receipt of such Notice of Relationship by the Party-selected arbitrators. If the two initially appointed arbitrators cannot agree on the independent arbitrator, then any Party may request that JAMS select the independent arbitrator. (ii) Arbitration demanded hereunder by any Party shall be final and binding on the Parties and may not be appealed. The independent arbitrator shall issue a reasoned award in writing. The decision, arbitration order and relief shall be deemed the decision of the independent arbitrator for all purposes hereof. (iii) The Parties agree that the independent arbitrator may render and the Parties shall abide by any interim ruling that the independent arbitrator deems necessary or prudent regarding discovery, summary proceedings, or other pre-arbitration matters. (iv) The Parties hereby submit to the in personam jurisdiction of the state and federal courts located in Houston, Texas, and agree that any such court may enter all such orders as may be necessary or appropriate to enforce the provisions hereof and/or to confirm any pre-arbitration ruling or decision or any award rendered by the independent arbitrator. Any court of law of Texas or the United States of America shall enforce the decision of the independent arbitrator in its entirety and only in its entirety; provided, however, that if a court for any reason refuses to enforce any equitable remedies ordered by the independent arbitrator, such refusal shall not affect any damage or attorney fee award made by the independent arbitrator. (v) Any costs or other expenses, including reasonable attorneys’ fees and costs incurred by the successful Party, arising out of or occurring because of the arbitration proceedings may be assessed against either Party as equitably determined by the independent arbitrator and shall be included as part of any order or decision rendered by the independent arbitrator. The independent arbitrator may also order any Party who is ordered to pay any other Party’s attorneys’ fees and costs to pay interest on such award at a rate not to exceed 8.0% per annum from the date of the award until paid. As an initial matter (and until ordered differently by the independent arbitrator in connection with an award), the Parties shall each pay the fees, costs and expenses charged by the arbitrator chosen by it, and, in advance, one-half of the fees, costs and expenses charged by the independent arbitrator. (vi) Third Parties dealing with any Party shall be entitled to fully rely on any written arbitration order or decision with regard to the matters addressed therein, whether or not such arbitration order or decision has been confirmed or adopted by a court, or incorporated in any order of any court.

Arbitration Proceeding. (i) If any Party desires to arbitrate any Dispute, that such Party shall notify the other Party of the Dispute desired to be arbitrated, including a brief statement of the matter in controversy. If the Parties are not able to resolve the Dispute within fifteen five (155) days after the Party notifies the other Party of its desire to arbitrate, arbitrate (an “Arbitration Notice”) then, within fifteen five (155) days immediately after the expiration of the aforesaid 15-five (5) day period, the Parties shall attempt to agree upon an independent arbitrator. Unless all the Parties can agree in writing on a single arbitrator within fifteen five (155) days, then, within fifteen five (155) days after thereafter, each Party shall notify the other in writing of the name of the independent arbitrator chosen by itthem to identify the independent arbitrator. If either Party fails to timely give the other notice of such appointment, then the Party who timely gave such notice shall be entitled to require that its arbitrator act as the sole arbitrator hereunder. If an arbitrator is timely appointed by each of the Parties, the two named arbitrators shall select the independent arbitrator within fifteen five (155) days after they have both been appointed, and they shall promptly notify the Parties thereof. Each Party shall promptly notify the other Party and the Party-selected arbitrators in writing if the independent arbitrator has any relationship to or affiliation with such Party (a “Notice of Relationship”), ) in which event another arbitrator shall be selected within fifteen five (155) days after receipt of such Notice of Relationship by the Party-selected arbitrators. If the two initially appointed arbitrators cannot agree on the an independent arbitrator, then any Party may request that JAMS select the independent arbitrator. (ii) Arbitration demanded hereunder by any Party shall be final and binding on the Parties and may not be appealed. The independent arbitrator shall issue a reasoned award in writing. The decision, arbitration order and relief shall be deemed the decision of the independent arbitrator for all purposes hereof. (iii) The Parties agree that the independent arbitrator may render and the Parties shall abide by any interim ruling that the independent arbitrator deems necessary or prudent regarding discovery, summary proceedings, or other pre-arbitration matters. (iv) The Parties hereby submit to the in personam jurisdiction of the state and federal courts located in HoustonDallas County, Texas, and agree that any such court may enter all such orders as may be necessary or appropriate to enforce the provisions hereof and/or to confirm any pre-arbitration ruling or decision or any award rendered by the independent arbitrator. Any court of law of Texas or the United States of America shall enforce the decision of the independent arbitrator (or single arbitrator, as applicable) in its entirety and only in its entirety; provided, however, that if a court for any reason refuses to enforce any equitable remedies ordered by the independent arbitrator, such refusal shall not affect any damage or attorney fee award made by the independent arbitrator. (v) Any costs or other expenses, including reasonable attorneys’ fees and costs incurred by the successful Party, arising out of or occurring because of the arbitration proceedings may be assessed against either Party as equitably determined by the unsuccessful Party, borne equally, or assessed in any manner within the sound discretion of the independent arbitrator and shall be included as part of any order or decision rendered by the independent arbitrator. The independent arbitrator may also order any Party who is ordered to pay any other Party’s attorneys’ fees and costs to pay interest on such award at a rate not to exceed 8.0% ten percent (10%) per annum from the date of the award until paid. As an initial matter (and until ordered differently by the independent arbitrator in connection with an award), the Parties shall each pay the fees, costs and expenses charged by the arbitrator chosen by it, and, in advance, one-half (1/2) of the fees, costs and expenses charged by the independent arbitrator. (vi) Third Parties parties dealing with any Party shall be entitled to fully rely on any written arbitration order or decision with regard to the matters addressed therein, whether or not such arbitration order or decision has been confirmed or adopted by a court, or incorporated in any order of any court.

Arbitration Proceeding. Either the Arbitration Complaining Party or the Arbitration Non-Complaining Party may elect to serve a written notice on the other, and on the AAA, either in the Arbitration Demand or within five (i5) calendar days of receiving the Arbitration Demand, calling for appointment of three neutral arbitrators instead of one. If any Party desires neither sends such a notice, the AAA shall appoint one neutral arbitrator using the procedure set forth in its rules. After selection of the arbitrator(s), each of Landlord and Tenant shall have sixty (60) Business Days to arbitrate any Disputeengage in discovery (including, that Party shall notify without limitation, requesting documents from the other Party party and delivering requested documents to the other party, and each party taking depositions (not to exceed four (4) hours) of up to two (2) witnesses). The arbitrator(s) shall schedule a hearing (the “Hearing”) to commence within ten (10) Business Days of the Dispute desired to conclusion of such sixty (60) day discovery period. The Hearing will be arbitratedheld in Salt Lake City, including a brief statement of Utah unless the matter in controversy. If the Parties are not able to resolve the Dispute within fifteen (15) days after the Party notifies the other Party of its desire to arbitrate, then, within fifteen (15) days immediately after the expiration of the aforesaid 15-day period, the Parties shall attempt to agree upon an independent arbitrator. Unless all Parties can parties agree in writing on to a single arbitrator different location. At the Hearing, the selected arbitrator(s) will review any evidence the parties present. Landlord and Tenant shall each have the right to appear and be represented by counsel before the arbitrator(s) and to submit such evidence, data and memoranda in support of their respective positions as they may deem necessary or appropriate in the circumstances. The arbitrator(s), in connection with the foregoing, shall have the right to retain and consult experts and competent authorities skilled in the matter under arbitration. The arbitrator(s) shall resolve the Arbitrable Matter and make a determination within fifteen ten (1510) days, then, within fifteen (15Business Days after the date the Hearing is concluded. The determination of the arbitrator(s) days thereafter, each Party shall notify the other be in writing of and be final and conclusive on the name of the independent arbitrator chosen by it. If either Party fails to timely give the other notice of such appointment, then the Party who timely gave such notice parties and copies thereof shall be entitled delivered to require that its arbitrator act as the sole arbitrator hereunder. If an arbitrator is timely appointed by each of the Parties, parties. Judgment may be had on the two named arbitrators shall select determination of the independent arbitrator within fifteen (15arbitrator(s) days after they have both been appointed, and they shall promptly notify the Parties thereof. Each Party shall promptly notify the other Party and the Party-selected arbitrators so rendered in writing if the independent arbitrator has any relationship to or affiliation with such Party (a “Notice court of Relationship”), in which event another arbitrator shall be selected within fifteen (15) days after receipt of such Notice of Relationship by the Party-selected arbitratorscompetent jurisdiction. If the two initially appointed arbitrators cannot agree on the independent arbitrator, then any Party may request that JAMS select the independent arbitrator. (ii) Arbitration demanded hereunder by any Party shall be final and binding on the Parties and may not be appealed. The independent arbitrator shall issue a reasoned award in writing. The decision, arbitration order and relief shall be deemed the decision of the independent arbitrator for all purposes hereof. (iii) The Parties agree that the independent arbitrator may render and the Parties shall abide by any interim ruling that the independent arbitrator deems necessary or prudent regarding discovery, summary proceedings, or other pre-arbitration matters. (iv) The Parties hereby submit to the in personam jurisdiction of the state and federal courts located in Houston, Texas, and agree that any such court may enter all such orders as may be necessary or appropriate to enforce the provisions hereof and/or to confirm any pre-arbitration ruling or decision or any award rendered by the independent arbitrator. Any court of law of Texas or the United States of America shall enforce the decision of the independent arbitrator in its entirety and only in its entirety; provided, however, that if a court for any reason refuses to enforce any equitable remedies ordered by whatsoever the independent arbitrator, such refusal written determination of the arbitrator(s) shall not affect any damage or attorney fee award made by the independent arbitrator. be rendered within one hundred eighty (v180) Any costs or other expenses, including reasonable attorneys’ fees and costs incurred by the successful Party, arising out of or occurring because of the arbitration proceedings may be assessed against either Party as equitably determined by the independent arbitrator and shall be included as part of any order or decision rendered by the independent arbitrator. The independent arbitrator may also order any Party who is ordered to pay any other Party’s attorneys’ fees and costs to pay interest on such award at a rate not to exceed 8.0% per annum from Business Days after the date of the award until paid. As an initial matter Arbitration Demand, then at any time thereafter before such decision shall have been rendered either party may apply to a Utah court having jurisdiction (and until ordered differently or to any other court having jurisdiction) by the independent arbitrator in connection with an award)action, the Parties shall each pay the fees, costs and expenses charged by the arbitrator chosen by it, and, in advance, one-half of the fees, costs and expenses charged by the independent arbitrator. proceeding or otherwise (vi) Third Parties dealing with any Party shall be entitled to fully rely on any written arbitration order or decision with regard to the matters addressed therein, whether or but not such arbitration order or decision has been confirmed or adopted by a court, new arbitration proceeding) as may be proper to render a decision consistent with the provisions of this Lease. The parties shall cooperate with scheduling and similar procedural matters to permit the arbitrator(s) to make his or incorporated in any order of any courther determination as expeditiously as possible.

Arbitration Proceeding. (i) If any Party desires to arbitrate any Dispute, that such Party shall notify the other Party of the Dispute desired to be arbitrated, including a brief statement of the matter in controversy. If the Parties are not able to resolve the Dispute within fifteen five (155) days after the Party notifies the other Party of its desire to arbitrate, arbitrate (an “Arbitration Notice”) then, within fifteen five (155) days immediately after the expiration of the aforesaid 15-five (5) day period, the Parties shall attempt to agree upon an independent arbitrator. Unless all the Parties can agree in writing on a single arbitrator within fifteen five (155) days, then, within fifteen five (155) days after thereafter, each Party shall notify the other in writing of the name of the independent arbitrator chosen by itthem to identify the independent arbitrator. If either Party fails to timely give the other notice of such appointment, then the Party who timely gave such notice shall be entitled to require that its arbitrator act as the sole arbitrator hereunder. If an arbitrator is timely appointed by each of the Parties, the two named arbitrators shall select the independent arbitrator within fifteen five (155) days after they have both been appointed, and they shall promptly notify the Parties thereof. Each Party shall promptly notify the other Party and the Party-selected arbitrators in writing if the independent arbitrator has any relationship to or affiliation with such Party (a “Notice of Relationship”), ) in which event another arbitrator shall be selected within fifteen five (155) days after receipt of such Notice of Relationship by the Party-selected arbitrators. If the two initially appointed arbitrators cannot agree on the an independent arbitrator, then any Party may request that JAMS select the independent arbitrator. (ii) Arbitration demanded hereunder by any Party shall be final and binding on the Parties and may not be appealed. The independent arbitrator shall issue a reasoned award in writing. The decision, arbitration order and relief shall be deemed the decision of the independent arbitrator for all purposes hereof. (iii) The Parties agree that the independent arbitrator may render and the Parties shall abide by any interim ruling that the independent arbitrator deems necessary or prudent regarding discovery, summary proceedings, or other pre-arbitration matters. (iv) The Parties hereby submit to the in personam jurisdiction of the state and federal courts located in HoustonDallas County, Texas, and agree that any such court may enter all such orders as may be necessary or appropriate to enforce the provisions hereof and/or to confirm any pre-arbitration ruling or decision or any award rendered by the independent arbitrator. Any court of law of Texas or the United States of America shall enforce the decision of the independent arbitrator (or single arbitrator, as applicable) in its entirety and only in its entirety; provided, however, that if a court for any reason refuses to enforce any equitable remedies ordered by the independent arbitrator, such refusal shall not affect any damage or attorney fee award made by the independent arbitrator. (v) Any costs or other expenses, including reasonable attorneys’ fees and costs incurred by the successful Party, arising out of or occurring because of the arbitration proceedings may be assessed against either Party as equitably determined by the unsuccessful Party, borne equally, or assessed in any manner within the sound discretion of the independent arbitrator and shall be included as part of any order or decision rendered by the independent arbitrator. The independent arbitrator may also order any Party who is ordered to pay any other Party’s attorneys’ fees and costs to pay interest on such award at a rate not to exceed 8.0% ten percent (10%) per annum from the date of the award until paid. As an initial matter (and until ordered differently by the independent arbitrator in connection with an award), the Parties shall each pay the fees, costs and expenses charged by the arbitrator chosen by it, and, in advance, one-half (1/2) of the fees, costs and expenses charged by the independent arbitrator. (vi) Third Parties parties dealing with any Party shall be entitled to fully rely on any written arbitration order or decision with regard to the matters addressed therein, whether or not such arbitration order or decision has been confirmed or adopted by a court, or incorporated in any order of any court.