Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 10 contracts
Sources: Tender Document, Tender Agreement, Tender Document
Arbitration. (a) Except where otherwise provided for as contemplated by Section 9(d) or Section 11(c) hereof, any dispute or controversy arising under or in connection with this Agreement that cannot be mutually resolved by the Contractparties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in Southfield, all questions Michigan, before one arbitrator of exemplary qualifications and disputes relating stature, who shall be selected jointly by the Company and Executive, or if the parties cannot agree on the selection of the arbitrator, who shall be selected pursuant to the meaning procedures of the specificationsAmerican Arbitration Association, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Employment Dispute Resolution Rules of the Contract. Such person American Arbitration Association then in effect.
(b) The parties agree to use their best efforts to (i) appoint (or, if applicable, cause the American Arbitration Association to appoint) the arbitrator within thirty (30) days of the date that a party hereto notifies the other party that a dispute or controversy exists that necessitates the appointment of an arbitrator, and (ii) cause any arbitration hearing to be held within thirty (30) days of the date of selection of the arbitrator, and, as a condition to his or her selection, such arbitrator must consent to be available for a hearing, at such time.
(c) Judgment may be entered on the arbitrator’s award in any court having jurisdiction, provided that Executive shall be entitled to proceed seek specific performance of Executive’s right to be paid and to participate in benefit programs during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Company and Executive hereby agree that the reference from arbitrator shall be empowered to enter an equitable decree mandating specific performance of the stage at which his predecessor left it. It is also a terms of this Contract that no person other than Agreement. If any dispute under this Section 11 shall be pending, Executive shall continue to receive at a person appointed by such Chairman & Managing Director, as aforesaid should minimum the base salary which Executive was receiving immediately prior to the act as arbitrator and if or omission which forms the basis for any reason, that is not possible, the matter is not to be referred to arbitration at alldispute. In all cases where At the amount close of the claim in dispute arbitration, such continued base salary payments may be offset against any damages awarded to Executive or may be recovered from Executive if it is Rs. 50,000/-(Rupees Fifty Thousand) and above, determined that Executive was not entitled to the arbitrator shall give reasons for continued payment of base salary under the award. Subject as aforesaid, the other provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 10 contracts
Sources: Employment Agreement (Lear Corp), Employment Agreement, Employment Agreement (Lear Corp)
Arbitration. Except where otherwise as provided for in the Contractsubsection (h) of this Section 12, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall Dispute must be referred to the sole resolved by binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also following:
(a) A Party may begin arbitration by filing a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect accordance with the Arbitration Rules and concurrently Notifying the other Party of that demand. If the Parties are unable to agree upon a panel of three arbitrators within ten days after the demand for arbitration was filed (and do not agree to an extension of that ten-day period), either Party may request the Dallas office of the American Arbitration Association to appoint the arbitrator or arbitrators necessary to complete the panel in accordance with the Arbitration Rules. Each arbitrator so appointed shall be deemed accepted by the Parties as part of the panel.
(b) The arbitration shall be conducted in the Dallas-Fort Worth, Texas metropolitan area at a place and time agreed upon by the Parties with the panel, or if the Parties cannot agree, as designated by the panel. The panel may, however, call and conduct hearings and meetings at such other places as the Parties may agree or as the panel may, on the motion of one Party, determine to be necessary to obtain significant testimony or evidence.
(c) The panel may authorize any claim(s) in writing within 90 days and all forms of receiving the intimation from the Corporation discovery upon a Party’s showing of need that the bill requested discovery is ready for acceptance likely to lead to material evidence needed to resolve the Dispute and is not excessive in scope, timing, or cost.
(d) The arbitration shall be subject to the Federal Arbitration Act and conducted in accordance with the Arbitration Rules to the extent that they do not conflict with this Section 12. The Parties and the panel may, however, agree to vary to provisions of this Section 12 or the matters otherwise governed by the Arbitration Rules.
(e) The arbitration hearing shall be held within 30 days after the appointment of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company panel. The panel’s final decision or award shall be discharged and released of all liabilities under made within 30 days after the Contract in respect of these claimshearing. The arbitrator(s) may from time to time with That final decision or award shall be made by unanimous or majority vote or consent of the parties enlarge arbitrators constituting the timepanel, for making and publishing shall be deemed issued at the awardplace of arbitration. The panel’s final decision or award shall be based on this Agreement and applicable law; the panel may not act according to equity and conscience or apply the law merchant.
(f) The panel’s final decision or award may include injunctive relief in response to any actual or impending breach of this Agreement or any other actual or impending action or omission of a Party under or in connection with this Agreement.
(g) The panel’s final decision or award shall be final and binding upon the Parties, and judgment upon that decision or award may be entered in any court having jurisdiction. The Parties waive any right to apply or appeal to any court for relief from the preceding sentence or from any decision of the Engineer-in-charge regarding panel made before the quantum final decision or award.
(h) Nothing in this Section 12 limits the right of reduction as well as justification thereof either Party to apply to a court having jurisdiction to (i) enforce the agreement to arbitrate in respect of rates for substandard workaccordance with this Section 12, which may be decided (ii) seek provisional or temporary injunctive relief, in response to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date an actual or impending breach of the first hearingAgreement or otherwise so as to avoid a irrevocable damage or maintain the status quo, until a final arbitration decision or award is rendered or the Dispute is otherwise resolved, or (iii) challenge or vacate any final arbitration decision or award that does not comply with this Section 12. The venue of Arbitration shall be such place as may be fixed In addition, nothing in this Section 12 prohibits the Parties from resolving any Dispute (in whole or in part) by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractagreement.
Appears in 9 contracts
Sources: Change in Control Executive Severance Agreement (Ace Cash Express Inc/Tx), Change in Control Executive Severance Agreement (Ace Cash Express Inc/Tx), Change in Control Executive Severance Agreement (Ace Cash Express Inc/Tx)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating Subject to the meaning right of the specificationseach party to seek specific performance (which right shall not be subject to arbitration), designs, drawings and instructions herein before mentioned and as to the quality if a dispute arises out of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever is in any way arising out of or relating related to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment asserted breach thereof, such dispute shall be referred to arbitration before the sole American Arbitration Association the (“AAA”) pursuant to the AAA’s National Rules for the Resolution of Employment Disputes (the “Arbitration Rules”). A dispute subject to the provisions of this Section 15 will exist if either party notifies the other party in writing that a dispute subject to arbitration exists and states, with reasonable specificity, the issue subject to arbitration (the “Arbitration Notice”). The parties agree that, after the issuance of the Chairman & Managing Director of Uranium Corporation of India LimitedArbitration Notice, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to parties will try in good faith between the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any date of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation issuance of the office of inability Arbitration Notice and the date the dispute is set for arbitration to act, shall appoint another person to act as arbitrator resolve the dispute by mediation in accordance with the terms Arbitration Rules. If the dispute is not resolved by the date set for arbitration, then any controversy or claim arising out of this Agreement or the Contract. Such person asserted breach hereof shall be entitled resolved by binding arbitration and judgment upon any award rendered by arbitrator(s) may be entered in a court having jurisdiction. In the event any claim or dispute involves an amount in excess of $100,000, either party may request that the matter be heard and resolved by a single arbitrator. The arbitrator shall have the same power to proceed with compel the reference from attendance of witnesses and to order the stage at which his predecessor left itproduction of documents or other materials and to enforce discovery as could be exercised by a United States District Court judge sitting in Chenango County, New York. It is also In the event of any arbitration, each party shall have a terms reasonable right to conduct discovery to the same extent permitted by the Federal Rules of this Contract Civil Procedure, provided that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, discovery shall be concluded within ninety (90) days after the date the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons set for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator or arbitrators shall have the power to award reasonable attorneys’ fees to the prevailing party. Any provisions in this Agreement to the contrary notwithstanding, this Section 15 shall be deemed to governed by the Federal Arbitration Act, and the parties have entered on the reference on the date he issues notice into this Agreement pursuant to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractact.
Appears in 9 contracts
Sources: Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc)
Arbitration. Except where otherwise provided for If any dispute or controversy arises under or in connection with this Agreement, is not resolved within a commercially reasonable time not to exceed sixty (60) days, then such dispute or controversy shall be settled exclusively by arbitration, conducted before a single neutral arbitrator at a location mutually agreed between the Contract, all questions Company and disputes relating to Executive within the meaning state of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as Company’s headquarters at such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator time in accordance with the terms Employment Arbitration Rules & Procedures of JAMS (“JAMS”) then in effect, in accordance with this Section 13(h), except as otherwise prohibited by any nonwaivable provision of applicable law or regulation. The parties hereby agree that the Contractarbitrator shall construe, interpret and enforce this Agreement in accordance with its express terms, and otherwise in accordance with the governing law as set forth in Section 13(a). Such person Judgment may be entered on the arbitration award in any court having jurisdiction, provided, however, that either Party shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of this Contract Agreement and Executive hereby consents that such restraining order or injunction may be granted without requiring the other Party to post a bond. Unless the parties otherwise agree, only individuals who are on the JAMS register of arbitrators shall be selected as an arbitrator. Additionally, except upon showing of cause each party shall have the right to propound no person more than 10 special interrogatories and requests for admission, and to take the deposition of one individual and any expert witness designated by the other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allparty. In all cases where the amount Within 20 days of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveconclusion of the arbitration hearing, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions prepare written findings of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof fact and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clauseconclusions of law. It is a term of the Contract mutually agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The written decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workarbitrator shall be valid, which may be decided to be acceptedbinding, will be final and would not enforceable by any court of competent jurisdiction. In the event action is brought pursuant to this Section 13(h), the arbitrator shall have authority to award fees and costs to the prevailing party, in accordance with applicable law. If in the opinion of the arbitrator there is no prevailing party, then each party shall pay its own attorney’s fees and expenses. Both Executive and the Company expressly waive their right to a jury trial. Nothing in this subsection shall be open construed as precluding the bringing of an action for injunctive relief or specific performance as provided in this Agreement. This dispute resolution process and any arbitration hereunder shall be confidential and neither any Party nor the arbitrator shall disclose the existence, contents or results of such process without the prior written consent of all Parties, except where necessary or compelled in a Court to enforce this arbitration provision or an award from such arbitration or otherwise in a legal proceeding. Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or dispute over intellectual property rights by Court action instead of arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date Company may also enjoin by Court action any breach of the first hearing. The venue of Arbitration shall be such place Sections 5-6 or 7 as may be fixed permitted by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractSection 8.
Appears in 8 contracts
Sources: Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (DENTSPLY SIRONA Inc.)
Arbitration. Except where otherwise provided for in the ContractAny dispute, all questions and disputes relating to the meaning of the specificationsclaim or controversy based on, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders Executive’s employment or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole settled by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin New York, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationNew York, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as before a single neutral arbitrator in accordance with the JAMS Employment Arbitration Rules and Procedures (the “Rules”), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. The Rules may be found online at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇. If the parties are unable to agree upon an arbitrator, one shall be appointed by JAMS in accordance with its Rules. Each party shall pay the fees of its own attorneys, the expenses of its witnesses and all other expenses connected with presenting its case; provided, however, Executive and the Company agree that, to the extent permitted by law, the arbitrator may, in his or her discretion, award reasonable attorneys’ fees to the prevailing party; provided, further, that the prevailing party shall be reimbursed for such fees, costs and expenses within forty-five (45) days following any such award, but in no event later than the last day of Executive’s taxable year following the taxable year in which the fees, costs and expenses were incurred; provided, further, that the parties’ obligations pursuant to this sentence shall terminate on the tenth (10th) anniversary of the date of Executive’s termination of employment. Other costs of the arbitration, including the cost of any record or transcripts of the arbitration, JAMS administrative fees, the fee of the arbitrator, and all other fees and costs, shall be borne by the Company. This Section 7 is intended to be the exclusive method for resolving any and all claims by the parties against each other for payment of damages under this Agreement or relating to Executive’s employment; provided, however, that Executive shall retain the right to file administrative charges with or seek relief through any government agency of competent jurisdiction, and to participate in any government investigation, including but not limited to (a) claims for workers’ compensation, state disability insurance or unemployment insurance; (b) administrative claims brought before any state or federal governmental authority; provided, however, that any appeal from an award or from denial of an award of wages and/or waiting time penalties shall be arbitrated pursuant to the terms of this Agreement; and (c) claims for administrative relief from the Contract. Such person United States Equal Employment Opportunity Commission and/or any similar state agency in any applicable jurisdiction); provided, further, that Executive shall not be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person obtain any monetary relief through such agencies other than a person appointed by workers’ compensation benefits or unemployment insurance benefits. This Agreement shall not limit either party’s right to obtain any provisional remedy, including, without limitation, injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect their rights and interests pending the outcome of arbitration, including without limitation injunctive relief, in any court of competent jurisdiction. Seeking any such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is relief shall not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred be a waiver of such party’s right to compel arbitration. Both Executive and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time Company expressly waive their right to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contracta jury trial.
Appears in 8 contracts
Sources: Employment Agreement (Zentalis Pharmaceuticals, Inc.), Employment Agreement (Zentalis Pharmaceuticals, Inc.), Employment Agreement (Zentalis Pharmaceuticals, Inc.)
Arbitration. Except where with respect to disputes and claims under Section 7, Section 8, or Section 9 (which the parties hereto may pursue in any court of competent jurisdiction as provided in this Agreement and with respect to which each party shall bear the cost of its own attorneys’ fees and expenses, except to the extent otherwise provided for required by applicable law), each party hereto agrees that arbitration pursuant to the procedures set forth in the Contract, all questions and disputes relating to National Rules for the meaning Resolution of Employment Disputes of the specifications, designs, drawings American Arbitration Association (the “AAA Rules”) shall be the sole and instructions herein before mentioned and as to the quality of workmanship exclusive method for resolving any claim or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way dispute (“Claim”) arising out of or relating to the Contractrights and obligations of the parties under this Agreement and the employment of Executive by the Company and its Subsidiaries (including, designswithout limitation, drawingsclaims and disputes regarding employment discrimination, specificationssexual harassment and wrongful termination), estimates, instructions, orders or these conditions or otherwise concerning the works, whether such Claim arose or the execution or failure facts on which such Claim is based occurred prior to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, execution and delivery of this Agreement. The parties hereto agree that (i) one arbitrator shall be referred appointed pursuant to the sole arbitration AAA Rules to conduct any such arbitration, (ii) all meetings of the Chairman & Managing Director of Uranium Corporation of India Limitedparties and all hearings with respect to any such arbitration shall take place in Michigan, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act (iii) each party to the sole arbitrationarbitration shall bear its own costs and expenses (including, without limitation, all attorneys’ fees and expenses, except to the extent otherwise required by applicable law), and (iv) all costs and expenses of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause(such as filing fees, the arbitrator’s fees, hearing expenses, etc.) shall be borne equally by the parties hereto. It is a term of the Contract The parties agree that the party invoking arbitration shall specify the dispute judgment, award or disputes to be referred to other determination of any arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator AAA Rules shall be final, conclusive and binding on all of the parties hereto. Nothing in this Section 29 shall prohibit any party hereto from instituting litigation to this Contractenforce any final judgment, award or determination of the arbitration. Each party hereto further agrees that each other party hereto may initiate litigation in any court of competent jurisdiction to execute any judicial judgment enforcing or not enforcing any award, judgment or determination of the arbitration.
Appears in 8 contracts
Sources: Employment Agreement, Employment Agreement, Employment Agreement (Metaldyne Performance Group Inc.)
Arbitration. Except where otherwise provided for (a) Any dispute, claim or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, connection with this Agreement or the execution Executive’s employment hereunder or failure to execute the sametermination thereof, whether arising during the progress of the work or after the completion or abandonment thereofother than injunctive relief under Section 9 hereof, shall be referred to the sole settled exclusively by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed administered by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if American Arbitration Association (the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda “AAA”) and that he had to deal with the matters to which the Contract relates and that carried out in the course State of his duties as such he had expressed views on all or any of the matters in dispute or differenceNew York. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms AAA rules governing commercial arbitration in effect at the time of the Contractarbitration, except as modified herein. Such person There shall be entitled three arbitrators, one of whom shall be nominated by the Company and one who shall be nominated by the Executive within thirty (30) days of receipt by respondent of the demand for arbitration, and the third arbitrator, who shall chair the arbitral tribunal, shall be nominated by the party nominated arbitrators within thirty (30) days of the nomination of the second arbitrator. If any arbitrator is not appointed within the time limit provided herein, upon request of any party to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person arbitration, such arbitrator shall be appointed by the AAA within fifteen (15) days of receiving such Chairman & Managing Directorrequest.
(b) The arbitration shall commence within forty-five (45) days after the appointment of the third arbitrator; the arbitration shall be completed within sixty (60) days of commencement; and the arbitrators’ award shall be made within thirty (30) days following such completion. The parties may agree to extend the time limits specified in the foregoing sentence.
(c) The arbitral tribunal may award any form of relief permitted under this Agreement and applicable law, as aforesaid should act as arbitrator including damages and if for any reasontemporary or permanent injunctive relief, except that the arbitral tribunal is not possibleempowered to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right to recover punitive, exemplary or similar damages with respect to any dispute. The award shall be in writing and shall state the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s.
(d) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of rendered by the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitral tribunal shall be final and would not be open to arbitration. The arbitrator shall be deemed to have entered binding on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement. Judgment may be entered in any court of competent jurisdiction. The parties hereto waive, to the fullest extent permitted by law, any rights to appeal to, or to seek review of such award by, any court. The parties hereto further agree to obtain the arbitral tribunal’s agreement to preserve the confidentiality of the arbitration.
Appears in 8 contracts
Sources: Employment Agreement (Overseas Shipholding Group Inc), Employment Agreement (Overseas Shipholding Group Inc), Employment Agreement (Overseas Shipholding Group Inc)
Arbitration. Except where otherwise provided for in 8.01 The parties agree that any dispute or grievance (excluding policy grievances) concerning the Contractinterpretation, application or alleged violation of this Agreement, which has been properly carried through all questions and disputes relating to the meaning steps of the specificationsGrievance Procedure outlined in Article 7 above, designsand has not been settled, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall will be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda HRSDC Federal Mediation and if the Chairman and Managing Director is unable or unwilling Conciliation Service for grievance mediation prior to act being referred to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid a mutually agreed single Arbitrator at the transfer, vacation written request of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent either of the parties enlarge hereto for arbitration unless mutually agreed that mediation is not required. Employees who are required to attend Mediation sessions scheduled by the timeCompany and Union will be reimbursed for actual regular hours work lost. Reimbursement will be calculated based on the employee’s base rate of pay.
8.02 Should the parties be unable to agree upon a single Arbitrator, for making and publishing application will be made to the award. Minister of Labour to appoint an Arbitrator.
8.03 The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive final and binding all upon the parties hereto and any employee affected by it.
8.04 If the Arbitrator finds the grievance to be arbitral, the Arbitrator shall hear and determine the grievance and shall issue a written decision setting out the reasons for the decision and the findings of fact upon which the decision is based and the decision shall be final and binding upon the parties and upon any employee affected by it.
8.05 The Arbitrator shall not have any power or jurisdiction to alter, change, amend or add to or detract from any of the provisions of this ContractAgreement or to substitute any new provisions for any existing provisions or to make any decision inconsistent with the terms of and provisions of this Agreement, nor to deal with any matter not specifically covered by it, nor to deal with any matter not contained in the written grievance filed by the grievor. No matter may be submitted to arbitration which has not been properly carried through all previous steps of the grievance procedure.
8.06 Each of the parties hereto will jointly share the expenses of the Arbitrator.
Appears in 8 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. (a) Except where otherwise provided for as contemplated by Section 9(d) or Section 11(c) hereof, any dispute or controversy arising under or in connection with this Agreement that cannot be mutually resolved by the Contractparties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in Southfield, all questions Michigan, before one arbitrator of exemplary qualifications and disputes relating stature, who shall be selected jointly by an individual to be designated by the Company and an individual to be selected by Executive, or if such two individuals cannot agree on the selection of the arbitrator, who shall be selected pursuant to the meaning procedures of the specificationsAmerican Arbitration Association, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Employment Dispute Resolution Rules of the Contract. Such person American Arbitration Association then in effect.
(b) The parties agree to use their best efforts to cause (i) the two individuals set forth in the preceding Section 11(a), or, if applicable, the American Arbitration Association, to appoint the arbitrator within thirty (30) days of the date that a party hereto notifies the other party that a dispute or controversy exists that necessitates the appointment of an arbitrator, and (ii) any arbitration hearing to be held within thirty (30) days of the date of selection of the arbitrator, and, as a condition to his or her selection, such arbitrator must consent to be available for a hearing, at such time.
(c) Judgment may be entered on the arbitrator’s award in any court having jurisdiction, provided that Executive shall be entitled to proceed seek specific performance of Executive’s right to be paid and to participate in benefit programs during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Company and Executive hereby agree that the reference from arbitrator shall be empowered to enter an equitable decree mandating specific performance of the stage at which his predecessor left it. It is also a terms of this Contract that no person other than Agreement. If any dispute under this Section 11 shall be pending, Executive shall continue to receive at a person appointed by such Chairman & Managing Director, as aforesaid should minimum the base salary which Executive was receiving immediately prior to the act as arbitrator and if or omission which forms the basis for any reason, that is not possible, the matter is not to be referred to arbitration at alldispute. In all cases where At the amount close of the claim in dispute arbitration, such continued base salary payments may be offset against any damages awarded to Executive or may be recovered from Executive if it is Rs. 50,000/-(Rupees Fifty Thousand) and above, determined that Executive was not entitled to the arbitrator shall give reasons for continued payment of base salary under the award. Subject as aforesaid, the other provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 8 contracts
Sources: Employment Agreement (Lear Corp), Employment Agreement (Lear Corp), Employment Agreement (Lear Corp)
Arbitration. Except where otherwise provided for To aid in the Contract, all questions rapid and economical resolution of any disputes relating to that may arise in the meaning course of the specificationsemployment relationship, designsExecutive and the Company agree that any and all disputes, drawings and instructions herein before mentioned and as to the quality of workmanship claims, or materials used on the work or as to any other question, claim, right, matter or thing whatsoever demands in any way arising out of or relating to the Contractterms of this Agreement, designsCompany equity held by Executive, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning Executive’s employment relationship with the worksCompany, or the execution termination of Executive’s employment or failure to execute service relationship with the same, whether arising during the progress of the work or after the completion or abandonment thereofCompany, shall be referred resolved, to the sole fullest extent permitted by law, by final, binding and confidential arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin Salt Lake City, Jaduguda Utah, conducted before a single neutral arbitrator selected and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator administered in accordance with the terms employment arbitration rules & procedures or then applicable equivalent rules of JAMS, Inc. (the “JAMS Rules”) and the Federal Arbitration Act, 9 U.S.C. Sec. 1, et seq. A copy of the ContractJAMS rules may be found on the JAMS website at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇ and will be provided to Executive by the Company upon request. Such person BY AGREEING TO THIS ARBITRATION PROCEDURE, EXECUTIVE AND THE COMPANY WAIVE THE RIGHT TO RESOLVE ANY SUCH DISPUTE, CLAIM OR DEMAND THROUGH A TRIAL BY JURY OR JUDGE OR BY ADMINISTRATIVE PROCEEDING IN ANY JURISDICTION. Executive will have the right to be represented by legal counsel at any arbitration proceeding, at Executive’s expense. The arbitrator shall: (a) have the authority to compel adequate discovery for the resolution of the dispute and to award such relief as would otherwise be available under applicable law in a court proceeding and (b) issue a written statement signed by the arbitrator regarding the disposition of each claim and the relief, if any, awarded as to each claim, the reasons for the award, and the arbitrator’s essential findings and conclusions on which the award is based. The parties agree that the prevailing party in any arbitration shall be entitled to proceed injunctive relief in any court of competent jurisdiction to enforce the arbitration award. This Section 11(i) is intended to be the exclusive method for resolving any and all claims by the parties against each other for payment of damages under this Agreement or relating to Executive’s employment; provided, however, that Executive shall retain the right to file administrative charges with or seek relief through any government agency of competent jurisdiction, and to participate in any government investigation, including but not limited to (i) claims for workers’ compensation, state disability insurance or unemployment insurance; (ii) claims for unpaid wages or waiting time penalties brought before any governmental agency; provided, however, that any appeal from an award or from denial of an award of wages and/or waiting time penalties shall be arbitrated pursuant to the reference from the stage at which his predecessor left it. It is also a terms of this Contract Agreement; and (iii) claims for administrative relief from the United States Equal Employment Opportunity Commission and/or the any similar agency in any applicable jurisdiction; provided, further, that no person Executive shall not be entitled to obtain any monetary relief through such agencies other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that workers’ compensation benefits or unemployment insurance benefits. Nothing in this Agreement is not possible, intended to prevent either Executive or the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 Company from obtaining injunctive relief (or any statutory modification or re-enactment thereof other provisional remedy) in any court of competent jurisdiction pursuant to applicable law to prevent irreparable harm (including, without limitation, pending the conclusion of any arbitration). The Company shall pay the arbitrator’s fees, arbitration expenses and the rules made there under and for the time being in force, shall apply any other costs unique to the arbitration proceeding under this clause. It is a term of (recognizing that each side shall bear its own deposition, witness, expert and attorney’s fees and other expenses to the Contract same extent as if the matter were being heard in court); provided, however, that the party invoking arbitration shall specify arbitrator may award attorney’s fees and costs to the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputeprevailing party, except as prohibited by law. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the ContractorTHE EXECUTIVE AND THE COMPANY WAIVE ANY CONSTITUTIONAL OR OTHER RIGHT TO BRING CLAIMS COVERED BY THIS AGREEMENT OTHER THAN IN THEIR INDIVIDUAL CAPACITIES. EXCEPT AS MAY BE PROHIBITED BY LAW, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractTHIS WAIVER INCLUDES THE ABILITY TO ASSERT CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Appears in 8 contracts
Sources: Employment Agreement (Bridge Investment Group Holdings Inc.), Employment Agreement (Bridge Investment Group Holdings Inc.), Employment Agreement (Bridge Investment Group Holdings Inc.)
Arbitration. Except where otherwise provided for in the ContractEmployer and Employee agree that, all questions and disputes relating to the meaning of the specifications, designs, drawings extent permitted by law and instructions herein before mentioned and as to the quality extent that the enforceability of workmanship this Agreement is not thereby impaired, any and all disputes, controversies or materials used on claims between Employee and Employer, except disputes concerning the work use or as to any other questiondisclosure of trade secrets, claimproprietary and/or confidential information, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofunder Section 12 hereof, shall be referred to the sole determined exclusively by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course County of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsSan Francisco, such Chairman & Managing Director as aforesaid at the transferCalifornia, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms employment rules of the ContractAmerican Arbitration Association then in effect. Such person The controversy or claim shall be entitled submitted to proceed with three arbitrators, one of whom shall be chosen by Employer, one of whom shall be chosen by Employee, and the reference from third of whom shall be chosen by the stage at which his predecessor left two arbitrators so selected. The party desiring arbitration shall give written notice to the other party of its desire to arbitrate the particular matter in question, naming the arbitrator selected by it. It is also If the other party shall fail within a terms period of this Contract that no person other than a person appointed 15 days after such notice shall have been given to reply in writing naming the arbitrator selected by such Chairman & Managing Directorit, as aforesaid should act as arbitrator and if then the party not in default may apply to the American Arbitration Association for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount appointment of the claim in dispute is Rssecond arbitrator. 50,000/-(Rupees Fifty Thousand) and aboveIf the two arbitrators chosen as above shall fail within 15 days after their selection to agree upon a third arbitrator, then either party may apply to the arbitrator shall give reasons American Arbitration Association for the awardappointment of an arbitrator to fill the place so remaining vacant. Subject as aforesaid, Employer shall pay the provisions fees of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardarbitrators so selected. The decision of any two of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrators shall be final and would not binding upon the parties hereto and shall be open delivered in writing signed in triplicate by the concurring arbitrators to arbitrationeach of the parties hereto. The arbitrator parties agree that both parties will be allowed to engage in adequate discovery consistent with the nature of the claims in dispute. The arbitrators shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure. The arbitrators shall have discretion to award monetary and other damages, or no damages, and to fashion such other relief as the arbitrators deem appropriate. The arbitrators also shall have discretion to award the prevailing party reasonable costs and attorneys’ fees incurred in bringing or defending an action under this Section 18, as permitted by applicable law. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. Nothing in this Section 18 shall limit the Employer’s ability to seek injunctive relief for any violation of Employee’s obligations concerning nondisclosure, loyalty and nonsolicitation as set forth in Section 12 hereof. Any such injunctive relief proceeding shall be deemed without prejudice to any rights Employer or Employee may have entered on the reference on the date he issues notice under this Agreement to both the parties fixing the date of the first hearing. The venue of Arbitration shall be obtain relief in arbitration with respect to such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractmatters.
Appears in 8 contracts
Sources: Employment Agreement (Willis Lease Finance Corp), Employment Agreement (Willis Lease Finance Corp), Employment Agreement (Willis Lease Finance Corp)
Arbitration. Except where otherwise provided for in Executive voluntarily agrees (and not as a condition of employment) that any controversy between Executive and the Contract, all questions and disputes relating to Company involving the meaning construction or application of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters terms, covenants, or conditions of this Agreement or Executive’s employment hereunder or the termination of such employment shall be subject to arbitration to be held in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Vermont in accordance with the terms Employment Arbitration Rules and Procedures (“JAMS Rules”) of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect. A copy of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount current version of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor JAMS Rules will be deemed made available to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claimsExecutive upon request. The arbitrator(s) JAMS Rules may be amended from time to time with consent of and are also available online at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/rules-employment-arbitration. The dispute will be decided by a single neutral arbitrator to be mutually agreed upon by the parties enlarge from JAMS’ panel of arbitrators. All controversies covered by this Section 19 shall be arbitrated on an individual basis, and each party hereto hereby foregoes and waives any right to arbitrate any such controversy as a class action or collective action or on a consolidated basis or in a representative capacity on behalf of other persons or entities who are claimed to be similarly situated, or to participate as a class member in such a proceeding. The arbitrator may grant injunctions or other relief in the time, for making and publishing the awarddispute or controversy. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, made in his sole discretion. The award of the Arbitrator shall writing and will be final, conclusive and binding all on the parties to the arbitration. The prevailing party in the arbitration proceeding shall be entitled to recover reasonable costs, including attorney’s fees, as allowed by law and determined by the arbitrator, although the Company will pay for all arbitration fees other than the initial filing fee, which will equal the amount for the filing had a complaint been filed in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The parties hereto waive, to the fullest extent permitted by law, any rights to appeal to, or to seek review of such award by, any court. This provision is governed by the Federal Arbitration Act. For the avoidance of doubt and notwithstanding anything in this ContractSection 19 to the contrary, in accordance with Section 12, the Company shall be entitled to injunctive relief from any court of competent jurisdiction related to any violation or claimed violation of the restrictions and obligations in respect of any of the restrictive covenants in Section 9 or otherwise as set forth in this Agreement. Nothing in this Section 19 precludes Executive from filing a charge or complaint with a federal, state or other governmental administrative agency.
Appears in 8 contracts
Sources: Employment Agreement (BETA Technologies, Inc.), Employment Agreement (BETA Technologies, Inc.), Employment Agreement (BETA Technologies, Inc.)
Arbitration. Except where otherwise The Company and Executive agree that except as provided in Section 14(b) the sole and exclusive method for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to resolving any other question, claim, right, matter or thing whatsoever in any way dispute between them arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed procedures set forth in respect of each such dispute. It is also this Section, except that nothing in this Section prohibits a term party from seeking preliminary or permanent judicial injunctive relief, or from seeking judicial enforcement of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed selected pursuant to have entered on the reference on the date he issues notice to both the parties fixing the date Rules for Commercial Arbitration of the first American Arbitration Association. The arbitrator shall hold a hearing at which both parties may appear, with or without counsel, and present evidence and argument. Pre-hearing discovery shall be allowed in the discretion of and to the extent deemed appropriate by the arbitrator, and the arbitrator shall have subpoena power. The procedural rules for an arbitration hearing under this Section shall be the rules of the American Arbitration Association for Commercial Arbitration hearings and any rules as the arbitrator may determine. The hearing shall be completed within ninety (90) days after the arbitrator has been selected and the arbitrator shall issue a written decision within sixty (60) days after the close of the hearing. The venue of Arbitration hearing shall be such place as may be fixed by the Arbitratorheld in Grand Rapids, in his sole discretionMichigan. The award of the Arbitrator arbitrator shall be final, conclusive final and binding all and may be enforced by and certified as a judgment of the Circuit Court for Kent County, Michigan or any other court of competent jurisdiction. One-half of the fees and expenses of the arbitrator shall be paid by the Company and one-half by Executive. The attorney fees and expenses incurred by the parties shall be paid by each party. Notwithstanding the foregoing, however, the Company will reimburse the Executive for Executive’s portion of the arbitrator’s fees and expenses, and the Executive’s reasonable attorney fees and expenses incurred in connection with the arbitration proceeding, if the Executive substantially prevails in the arbitration proceeding or, if the Executive prevails in part, then the Company will reimburse a proportionate part of such fees and expenses, with such proportion to represent the approximate portion of such fees and expenses relating to the issues on which the Executive prevailed. The decision as to whether the Executive has substantially prevailed, or prevailed in part, and on the amount to be reimbursed to the Executive under the standards in this ContractSection, will be made by the arbitrator. Reimbursement of attorney fees and expenses called for by this Section must be made within sixty (60) days after receipt by the Company of the arbitrator’s award, but in no event after the last day of the year following that in which the expense being reimbursed was incurred.
Appears in 7 contracts
Sources: Employment Agreement (SpartanNash Co), Employment Agreement (SpartanNash Co), Employment Agreement (SpartanNash Co)
Arbitration. Except where otherwise provided for All appeals from determinations by the EB Committee as described in the Contractparagraph (b) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofUnits Damages Dispute, shall be referred fully and finally settled by arbitration administered by the American Arbitration Association (“AAA”) on an individual basis (and not on a collective or class action basis) before a single arbitrator pursuant to the sole AAA’s Commercial Arbitration Rules in effect at the time any such arbitration is initiated. Any such arbitration must be initiated in writing pursuant to the aforesaid rules of the Chairman & Managing Director AAA no later than one year from the date that the claim accrues, except where a longer limitations period is required by applicable law. However, a Participant’s failure to initiate arbitration within one year will in no way impair the Company’s right, exercised at its discretion, to compel arbitration or the enforceability of Uranium Corporation the waiver in paragraph 25(c)(ii). Decisions about the applicability of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed limitations period contained herein shall be made by the Chairman & Managing Director, willing to act as such arbitrator. There will A copy of the AAA’s Commercial Arbitration Rules may be no objection if obtained from Human Resources. The Participant agrees that the arbitrator so appointed is an employee arbitration shall be held at the office of Uranium Corporation the AAA nearest the place of India Limitedthe Participant’s most recent employment by the Company or a Related Company, Jaduguda and that he had unless the parties agree in writing to deal with a different location. All claims by the matters to which Company or a Related Company against the Contract relates and that in the course Participant, except for breaches of his duties as such he had expressed views on all or any of the matters Participant’s obligations and restrictions set forth in Exhibits A and B to this Agreement, may also be raised in such arbitration proceedings.
(i) The arbitrator shall have the authority to determine whether any dispute or differencesubmitted for arbitration hereunder is arbitrable. The arbitrator shall decide all issues submitted for arbitration according to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan, this Agreement (except for breaches of any of the Participant’s obligations and restrictions set forth in Exhibits A and B to this Agreement), existing Company policy, and applicable substantive Delaware State and U.S. federal law and shall have the authority to award any remedy or relief permitted by such laws. Such person The final decision of the EB Committee with respect to a Plan Dispute shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by upheld unless such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 decision was arbitrary or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcapricious. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive conclusive, not subject to appeal, and binding all the parties and enforceable in any applicable court.
(ii) The Participant understands and agrees that, pursuant to this ContractAgreement, both the Participant and the Company or a Related Company waive any right to ▇▇▇ each other in a court of law or equity, to have a trial by jury, or to resolve disputes on a collective, or class, basis (except for breaches of any of the Participant’s obligations and restrictions set forth in Exhibits A and B to this Agreement), and that the sole forum available for the resolution of Units Award Disputes and Units Damages Disputes is arbitration as provided in this paragraph 25. If an arbitrator or court finds that the arbitration provisions of this Agreement are not enforceable, both Participant and the Company or a Related Company understand and agree to waive their right to trial by jury of any Units Award Dispute or Units Damages Dispute. This dispute resolution procedure shall not prevent either the Participant or the Company or a Related Company from commencing an action in any court of competent jurisdiction for the purpose of obtaining injunctive relief to prevent irreparable harm pending and in aid of arbitration hereunder; in such event, both the Participant and the Company or a Related Company agree that the party who commences the action may proceed without necessity of posting a bond.
(iii) In consideration of the Participant’s agreement in paragraph (ii) above, the Company or a Related Company will pay all filing, administrative and arbitrator’s fees incurred in connection with the arbitration proceedings. If the AAA requires the Participant to pay the initial filing fee, the Company or a Related Company will reimburse the Participant for that fee. All other fees incurred in connection with the arbitration proceedings, including but not limited to each party’s attorney’s fees, will be the responsibility of such party.
(iv) The parties intend that the arbitration procedure to which they hereby agree shall be the exclusive means for resolving all Units Award Disputes and Units Damages Disputes (subject to the mandatory EB Committee procedure provided for in paragraph 25(b) above). Their agreement in this regard shall be interpreted as broadly and inclusively as reason permits to realize that intent.
(v) The Federal Arbitration Act (“FAA”) shall govern the enforceability of this paragraph 25. If for any reason the FAA is held not to apply, or if application of the FAA requires consideration of state law in any dispute arising under this Agreement or subject to this dispute resolution provision, the laws of the State of Delaware shall apply without giving effect to the conflicts of laws provisions thereof.
(vi) To the extent an arbitrator determines that the Participant was not terminated for Cause and is entitled to the RSUs or any other benefits under the Plan pursuant to the provisions applicable to an involuntary termination without Cause, the Participant’s obligation to execute a release satisfactory to Verizon as provided under paragraph 7(c)(2) shall remain applicable in order to receive the benefit of any RSUs pursuant to this Agreement.
Appears in 7 contracts
Sources: Special Performance Restricted Stock Unit Agreement (Verizon Communications Inc), Restricted Stock Unit Agreement (Verizon Communications Inc), Special Performance Restricted Stock Unit Agreement (Verizon Communications Inc)
Arbitration. Except where otherwise provided for A. Any dispute or controversy arising under or in connection with this Agreement and any claim by Executive that the Contract, all questions and disputes relating Company breached any statutory or common law duty to Executive (including but not limited to the meaning law of tort, contract, and all federal, state or local laws prohibiting employment discrimination because of race, color, religion, sex, national origin, age, veteran's status, or disability) that cannot be mutually resolved by the parties hereto shall be settled exclusively by arbitration in Louisville, Kentucky before one arbitrator of exemplary qualifications and stature, who shall be selected jointly by the Company and the Executive, or, if the Company and the Executive cannot agree on the selection of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofarbitrator, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed selected by the Chairman & Managing DirectorAmerican Arbitration Association (provided that any arbitrator selected by the American Arbitration Association shall not, willing to act as such arbitrator. There will be no objection if without the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge hereto, be affiliated with the time, for making and publishing Company or the awardExecutive or any of their respective affiliates). Judgment may be entered on the arbitrator's award in any court having jurisdiction. The parties hereby agree that the arbitrator shall be empowered to enter an equitable decree mandating specific enforcement of the terms of this Agreement, or in the event the arbitrator is resolving a dispute over the breach of a statutory or common law duty, the parties agree that the arbitrator shall be empowered to fashion a remedy that would have been available had the matter been litigated in a judicial or administrative proceeding. The Company shall bear all expenses of the arbitrator incurred in any arbitration or any court costs incurred in any court proceeding hereunder and shall promptly reimburse the Executive (within 30 days of invoice) for any related reasonable legal fees and out-of-pocket expenses directly attributable to such arbitration or any court proceeding related to this Agreement; provided that such legal fees are calculated on an hourly, and not on a contingency fee, basis; and, that the Executive shall bear all expenses of the arbitrator and all of his legal fees and out-of-pocket expenses (and reimburse the Company for its portion of such expenses) if the arbitrator or relevant trier-of-fact determines that the Executive's claim or position was frivolous and without reasonable foundation.
B. The parties agree that this requirement to arbitrate shall not apply to any suit by either party seeking an injunction and/or damages for violation of Sections 6 and/or 7 of this Agreement, it being specifically understood that such claims arising under Sections 6 or 7 may be enforced in the first instance in any court having jurisdiction of the parties.
C. If either party appeals the decision of the Engineer-in-charge regarding arbitrator, each party shall bear its own expenses until the quantum outcome of reduction as well as justification thereof in respect of rates for substandard worksuch appeal has been determined, which may be decided to be acceptedwhereupon the prevailing party's expenses, will be final and would not be open to arbitration. The arbitrator including reasonable legal fees, shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed reimbursed promptly by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractother party.
Appears in 7 contracts
Sources: Employment Agreement (Arm Financial Group Inc), Employment Agreement (Arm Financial Group Inc), Employment Agreement (Arm Financial Group Inc)
Arbitration. Except where otherwise provided for in the Contract(a) Any dispute, all questions and disputes relating to the meaning of the specificationscontroversy, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or the execution breach, termination or failure to execute the sameinvalidity hereof, whether including claims for tortious interference or other tortious or statutory claims arising before, during the progress of the work or after the completion or abandonment thereoftermination, providing only that such claim touches upon matters covered by this Agreement, shall be referred finally settled by arbitration administered by the American Arbitration Association (“AAA”) pursuant to the Commercial Arbitration Rules as presently in force, except as modified by the specific provisions of this Agreement. The parties expressly agree that nothing in this Agreement shall prevent the parties from applying to a court that would otherwise have jurisdiction over the parties for provisional or interim measures, including injunctive relief. After the arbitration panel is empaneled, it shall have sole jurisdiction to hear such applications, except that the parties agree that any measures ordered by the arbitrators may be immediately and specifically enforced by a court otherwise having jurisdiction over the parties. The parties agree that judgment on the arbitration award may be entered by any court having jurisdiction thereof.
(b) The parties agree that the federal and state courts located in Houston, Texas shall have exclusive jurisdiction over an action brought to enforce the rights and obligations created in or arising from this Agreement to arbitrate, and each of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act parties hereto irrevocably submits to the sole arbitrationjurisdiction of said courts. Notwithstanding the above, application may be made by a party to any court of some other competent jurisdiction wherever situated for enforcement of any judgment and the entry of whatever orders are necessary for such enforcement. Process in any action arising out of or relating to this Agreement may be served on any party to the Agreement anywhere in the world by delivery in person appointed against receipt or by registered or certified mail, return receipt requested.
(c) The arbitration shall be conducted before a tribunal composed of three neutral arbitrators drawn from, in the first instance, the Texas Large Complex Claims panel and then, if necessary, from the Commercial panel. Each arbitrator shall sign an oath agreeing to be bound by the Chairman & Managing DirectorCode of Ethics for Arbitrators in Commercial Disputes promulgated by the AAA for Neutral Arbitrators. It is the intent of the parties to avoid the appearance of impropriety due to bias or partiality on the part of any arbitrator. Prior to his or her formal appointment, willing each arbitrator shall disclose to act the parties and to the other members of the tribunal, any financial, fiduciary, kinship or other relationship between that arbitrator and any party or its counsel, or between that arbitrator and any individual or entity with any financial, fiduciary, kinship or other relationship with any party. For the purposes of this Agreement, “appearance of impropriety” shall be defined as such arbitrator. There will be no objection if relationship or behavior as would cause a reasonable person to believe that bias or partiality on the part of the arbitrator so appointed is an employee may exist in favor of Uranium Corporation any party. Any award or portion thereof, whether preliminary or final, shall be in a written opinion containing findings of India Limited, Jaduguda fact and that he had to deal with the matters to which the Contract relates and that in the course conclusions of his duties as such he had expressed views on all or any of the matters in dispute or differencelaw signed by each arbitrator. The arbitrator dissenting from an award or portion thereof shall issue a dissent from the award or portion thereof in writing, stating the reasons for his or her dissent. The arbitrators shall hear and determine any preliminary issue of law asserted by a party to whom be dispositive of any claim, in whole or part, in the matter manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrators deem appropriate.
(d) It is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation intent of the office of inability to actparties that, barring extraordinary circumstances, any arbitration hearing shall appoint another person to act as arbitrator in accordance with the terms be concluded within two months of the Contractdate the statement of claim is received by the AAA. Such person Unless the parties otherwise agree, once commenced, hearings shall be held 5 days a week, with each hearing day to begin at 9:00 A.M. and to conclude at 5:00 P.M. The parties may upon agreement extend these time limits, or the chairman of the panel may extend them if he or she determines that the interests of justice otherwise require. The arbitrators shall use their best efforts to issue the final award or awards within a period of 30 days after closure of the proceedings. Failure to do so shall not be a basis for challenging the award. The parties and arbitrators shall treat all aspects of the arbitration proceedings, including without limitation, discovery, testimony and other evidence, briefs and the award, as strictly confidential. The place of arbitration shall be Houston, Texas, U.S.A. unless otherwise agreed by the parties.
(e) The parties agree that discovery shall be limited and shall be handled expeditiously. Discovery procedures available in litigation before the courts shall not apply in an arbitration conducted pursuant to this Agreement. However, each party shall produce relevant and non-privileged documents or copies thereof requested by the other parties within the time limits set and to the extent required by order of the arbitrators. All disputes regarding discovery shall be promptly resolved by the arbitrators. No witness or party may be required to waive any privilege recognized at law. The parties hereby waive any claim to any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages, and the arbitration tribunal is specially divested of any power to award any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages. The party prevailing on substantially all of its claims shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorrecover its costs, as aforesaid should act as arbitrator and if for any reasonincluding attorneys’ fees, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaidarbitration proceedings, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workany ancillary proceeding, which may be decided including a proceeding to be acceptedcompel arbitration, will be final and would not be open to arbitration. The arbitrator shall be deemed request interim measures or to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractconfirm or set aside an award.
Appears in 6 contracts
Sources: Employment Agreement (Tailored Brands Inc), Employment Agreement (Mens Wearhouse Inc), Employment Agreement (Mens Wearhouse Inc)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating Subject to the meaning exceptions set forth below, Employee agrees that any and all claims or disputes that Employee has with the Company, or any of the specificationsits employees, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising which arise out of Employee’s employment or relating to under the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment terms thereof, shall be referred resolved through final and binding arbitration, as specified herein. This shall include, without limitation, disputes relating to this Agreement, Employee’s employment with the sole arbitration Company or the termination thereof, claims for breach of contract or breach of the Chairman & Managing Director covenant of Uranium Corporation good faith and fair dealing, and any claims of India Limiteddiscrimination or other claims under Title VII of the Civil Rights Act of 1964, Jaduguda the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Employee Retirement Income Securities Act, the Racketeer Influenced and if Corrupt Organizations Act, or any other federal, state or local law or regulation now in existence or hereinafter enacted and as amended from time to time concerning in any way the Chairman subject of Employee’s employment with the Company or its termination. The only claims or disputes not covered by this paragraph are disputes related to (i) claims for benefits under the unemployment insurance or workers’ compensation laws, and Managing Director is unable (ii) issues affecting the validity, infringement or unwilling to act to the sole arbitration, enforceability of some other person appointed any Trade Secret or patent rights held or sought by the Chairman & Managing Director, willing Company or which the Company could otherwise seek; in both of the foregoing cases such claims or disputes shall not be subject to act as such arbitrator. There arbitration and will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limitedresolved pursuant to applicable law. Binding arbitration will be conducted in Denver, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Colorado in accordance with the terms rules and regulations of the ContractAmerican Arbitration Association (“AAA”), by an arbitrator selected from the AAA Commercial Disputes Panel with a minimum of five years experience in employment law. Such person If, at the time the dispute in question arose, Employee lives and works more than 100 miles from Denver, Colorado, then Employee has the option of requesting the arbitration take place in the county in which the Company has an office that is nearest to Employee’s place of residency. Employee understands and agrees that the arbitration shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms instead of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator any jury trial and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration arbitrator’s decision shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open binding to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed fullest extent permitted by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive law and binding all the parties to this Contractenforceable by any court having jurisdiction thereof.
Appears in 6 contracts
Sources: Employment Agreement (Global Employment Holdings, Inc.), Employment Agreement (Global Employment Holdings, Inc.), Employment Agreement (Global Employment Holdings, Inc.)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, connection with this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Directorconducted before an arbitrator in New York, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator New York in accordance with the terms Employment Arbitration Rules of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction. Notwithstanding the foregoing, (a) the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of Articles VI or VII of this Contract Agreement and the Executive hereby consents that no person other than such restraining order or injunction may be granted without requiring the Company to post a person appointed by such Chairman & Managing Directorbond, as aforesaid should act as arbitrator and if for (b) the Executive shall be entitled to seek a restraining order or injunction in any reason, that is not possible, the matter is not court of competent jurisdiction to be referred to arbitration at all. In all cases where the amount prevent any continuation of any violation of the claim provisions of Section 7.4(b) of this Agreement and the Company hereby consents that such restraining order or injunction may be granted without requiring the Executive to post a bond. Only individuals who are: (i) lawyers engaged full-time in dispute is Rsthe practice of law and (ii) on the AAA register of arbitrators shall be selected as an arbitrator. 50,000/-(Rupees Fifty ThousandWithin twenty (20) and abovedays of the conclusion of the arbitration hearing, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions prepare written findings of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof fact and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clauseconclusions of law. It is a term of the Contract mutually agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The written decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workarbitrator shall be valid, which may be decided to be acceptedbinding, will be final and would non-appealable, provided, however, that the parties hereto agree that the arbitrator shall not be open empowered to award punitive damages against any party to such arbitration. The arbitrator shall require the non-prevailing party to pay the arbitrator’s full fees and expenses or, if in the arbitrator’s opinion there is no prevailing party, the arbitrator’s fees and expenses shall be deemed to have entered on the reference on the date he issues notice to both borne equally by the parties fixing thereto. In the date event action is brought to enforce the provisions of this Agreement pursuant to this Section 9.9, the non-prevailing parties shall be required to pay the reasonable attorney’s fees and expenses of the first hearing. The venue of Arbitration shall be such place as may be fixed by prevailing parties, except that if in the Arbitrator, in his sole discretion. The award opinion of the Arbitrator court or arbitrator deciding such action there is no prevailing party, each party shall be final, conclusive pay its own attorney’s fees and binding all the parties to this Contractexpenses.
Appears in 6 contracts
Sources: Employment Agreement (Container Store Group, Inc.), Employment Agreement (Container Store Group, Inc.), Employment Agreement (Container Store Group, Inc.)
Arbitration. Except where If any dispute arises under this Agreement or otherwise provided for which cannot be resolved by mutual discussion between the parties, then the Company and Executive each agree to resolve that dispute by binding arbitration before an arbitrator experienced in employment law. Said arbitration will be conducted in accordance with the Contract, all questions rules applicable to employment disputes of the Judicial Arbitration and disputes relating Mediation Services (“JAMS”) and the law applicable to the meaning claim. The parties shall have thirty (30) calendar days after notice of the specifications, designs, drawings and instructions herein before mentioned and as such arbitration has been given to the quality of workmanship or materials used attempt to agree on the work selection of an arbitrator from JAMS. In the event the parties are unable to agree in such time, JAMS will provide a list of five (5) available arbitrators and an arbitrator will be selected from such five member panel provided by JAMS by the parties alternately striking out one name of a potential arbitrator until only one name remains. The party entitled to strike an arbitrator first shall be selected by a toss of a coin. The parties agree that this agreement to arbitrate includes any such disputes that the Company may have against Executive, or as to any other questionExecutive may have against the Company and/or its related entities and/or employees, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or Executive’s employment or Executive’s termination, including any claims of discrimination or harassment in violation of applicable law and any other aspect of Executive’s compensation, employment, or Executive’s termination. The parties further agree that arbitration as provided for in this Section 16(g) is the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda exclusive and if the Chairman binding remedy for any such dispute and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed used instead of any court action, which is an employee of Uranium Corporation of India Limitedhereby expressly waived, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act except for any reasonsrequest by any party for temporary, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator preliminary or permanent injunctive relief pending arbitration in accordance with applicable law or for breaches by Executive of Executive’s obligations under Sections 11, 12, 14 or 15 hereof. The parties agree that the terms seat of the Contract. Such person arbitration shall be entitled Boston, Massachusetts. The Company shall pay the cost of any arbitration brought pursuant to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorparagraph, as aforesaid should act as arbitrator and if for any reasonexcluding, that is not possiblehowever, the matter cost of representation of Executive, unless such cost is not to be referred to arbitration at allawarded in accordance with law or otherwise awarded by the arbitrators. In all cases where Neither party nor an arbitrator may disclose the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveexistence, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 content or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect results of any claim(s) in writing within 90 days of receiving arbitration hereunder without the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with prior written consent of the parties enlarge the timeboth parties, for making except (1) as provided by Section 10 and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place (2) as may be fixed required by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractlaw.
Appears in 6 contracts
Sources: Employment Agreement (American Well Corp), Employment Agreement (American Well Corp), Employment Agreement (American Well Corp)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, connection with this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Directorconducted before an arbitrator in Houston, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Texas in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any violation or continuation of any violation of the reference from provisions of Articles 11, 12, 13 or 15 of this Agreement and Employee hereby consents that such restraining order or injunction may be granted without requiring the stage at which his predecessor left itCompany to post a bond. Only individuals who are on the AAA register of arbitrators shall be selected as an arbitrator. Within 20 days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is also a terms mutually agreed that the written decision of this Contract that no person other than a person appointed by such Chairman & Managing Directorthe arbitrator(s) shall be valid, as aforesaid should act as arbitrator binding, final and if for any reasonnon-appealable; provided however, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, parties hereto agree that the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open empowered to award punitive damages against any party to such arbitration. The arbitrator Company shall bear all administrative fees and expenses of the arbitration and each party shall bear its own counsel fees and expenses except as otherwise provided in this paragraph. If Employee makes a claim against the Company relating to the performance of, or the rights and obligations of, the Company arising under, relating to or in connection with this Agreement (a “Covered Claim by the Employee”), the arbitrators shall award Employee his reasonable legal fees and expenses if Employee prevails on one material Covered Claim by the Employee (as determined by the arbitrator). If a claim is made by the Company against Employee relating to the performance of, or the rights and obligations of, Employee arising under, relating to or in connection with this Agreement (a “Covered Claim by the Company”), the arbitrators shall award Employee his reasonable legal fees and expenses; provided that if such Covered Claim by the Company relates to Employee’s performance or obligations under Articles 11, 12, 13 or 15, the arbitrators shall award Employee his legal fees and expenses only if the Company does not prevail on any Covered Claim by the Company relating to any such Section (as determined by the arbitrator). Any reimbursement of reasonable legal fees and expenses required under this Section 16.02 and any reimbursement of expenses included in the Accrued Obligations payable to Employee under Article 6 shall be deemed made not later than the close of Employee’s taxable year following the taxable year in which Employee incurs the expense; provided, however, that, upon Employee’s termination of employment with the Company, in no event shall any additional reimbursement be made prior to have entered on the reference on the date he issues notice to both the parties fixing that is six months after the date of Employee’s termination of employment to the first hearing. The venue of Arbitration shall be extent such place as may be fixed by the Arbitrator, in his sole discretion. The award payment delay is required under Section 409A(a)(2)(B)(i) of the Arbitrator Code. In no event shall any reimbursement be final, conclusive made to Employee for such fees and binding all expenses incurred after the parties to this Contractdate that is 10 years after the date of Employee’s termination of employment with the Company.
Appears in 6 contracts
Sources: Reorganization Agreement (Cobalt International Energy, Inc.), Employment Agreement (Cobalt International Energy, Inc.), Employment Agreement (Cobalt International Energy, Inc.)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, connection with this Agreement or the execution or failure to execute Executive’s employment by the same, whether arising during the progress of the work or after the completion or abandonment thereof, Company shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as conducted before a single neutral arbitrator in accordance with the terms American Arbitration Association’s National Rules for Resolution of Employment Disputes as then in effect. Judgment may be entered on the Contract. Such person arbitrator’s award in any court having jurisdiction; provided, however, that the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of Sections 7, 8 or 9 of this Contract Agreement and the Executive hereby consents that such restraining order or injunction may be granted without the necessity of the Company’s posting any bond, and provided, further, that the Executive shall be entitled to seek specific performance of his right to be paid until the date of employment termination during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Executive expressly acknowledges and agrees that if the Company has a reasonable good faith belief that he is in violation of any of the restrictive covenants set forth in said Sections 7, 8 or 9, then the Company, following written notice to the Executive explaining the basis for its belief, may suspend any future payments scheduled to be made pursuant to Section 4, unless and until the Executive establishes to the Company’s reasonable good faith satisfaction that no person other than such violation has occurred. Each party shall pay its own attorneys’ fees and costs. If any party prevails on a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator statutory claim which affords attorneys’ fees and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovecosts, the arbitrator shall give reasons for may award reasonable attorneys’ fees and/or costs to the awardprevailing party. Subject as aforesaid, the provisions The fees and expenses of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof arbitrator and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed borne by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractCompany.
Appears in 6 contracts
Sources: Executive Employment Agreement (Apria, Inc.), Executive Employment Agreement (Apria, Inc.), Executive Employment Agreement
Arbitration. Except where otherwise provided for (a) Subject to Sections 11.2 and 11.3, if the Parties fail to resolve their dispute within seven (7) days of the start of the mediation, the Parties will appoint an arbitrator having appropriate experience in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole biopharmaceutical industry who will conduct an arbitration of the Chairman & Managing Director dispute. If the Parties cannot agree on a mutually acceptable arbitrator within seven (7) days of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling decision to act proceed to the sole arbitration, either Party may apply to a court of some other person appointed by the Chairman & Managing Director, willing competent jurisdiction to act as such arbitrator. There will be no objection if the appoint an qualified arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that having appropriate experience in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencebiopharmaceutical industry. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorArbitration Act, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand1991 (Ontario) and abovethe arbitrator shall also be empowered to hear injunctive proceedings in accordance therewith.
(b) Notwithstanding Section 11.5 below, the arbitrator shall give reasons may include in its award an order as to the payment of the costs of the proceedings and reasonable counsel fees. Any Party ordered to pay costs may avail itself of any procedure for the award. Subject as aforesaidtaxing of costs, provided, however, that the provisions of Parties specifically agreed that the Arbitration Act, 1940 or officer taxing such costs need not be bound by any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term scale of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not costs.
(c) The arbitrator will make any demand for arbitration in respect of any claim(s) its decision in writing within 90 fifteen (15) days of receiving the intimation from hearing and, unless the Corporation that the bill is ready for acceptance of the ContractorParties otherwise agree, the claim of the Contractor arbitrator’s reasons will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract set out in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will award shall be final and would binding on the Parties and shall not be open subject to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date any appeal although either Party may request clarification of the first hearing. award and the arbitrator’s reasons.
(d) The venue of Arbitration shall be such place as may be fixed by Parties consent to the Arbitrator, in his sole discretion. The award of the Arbitrator arbitrator being entered in any court having jurisdiction for the purposes of enforcement. In addition, if it appears to any Party that the arbitrator lacks the power to give effective interim relief, such Party may apply to any appropriate court for such relief.
(e) All matters in dispute, all claims, submissions, evidence and findings, and the award itself shall be finalkept confidential by the arbitrator, conclusive and binding all no information regarding any of the parties foregoing will be released to any Third Party or otherwise made public without the written consent of the Parties, except as otherwise contemplated herein and except for such information which is not Confidential Information.
(f) The Parties may with mutual consent, expand or abridge the time periods provided for in this ContractArticle 11.
Appears in 6 contracts
Sources: Additional Sponsored Research Agreement (Med BioGene Inc.), Sponsored Research Agreement (Med BioGene Inc.), Sponsored Research Agreement (Med BioGene Inc.)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other questionAny dispute, claim, rightor controversy concerning the terms, matter ----------- meaning, application, or thing whatsoever in enforcement of any way arising out provision of this Agreement that cannot be resolved through direct discussion or relating mediation shall be submitted to final and binding arbitration before a neutral arbitrator pursuant to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning arbitration procedures set out in this Section ("Procedures") under the works, or the execution or failure to execute the same, whether arising during the progress auspices of the work or after American Arbitration Association (AAA) at Evansville, Indiana. The AAA Employment Dispute Resolution Rules in effect at the completion or abandonment thereof, shall be referred to the sole arbitration time of the Chairman & Managing Director of Uranium Corporation of India Limitedarbitration shall govern arbitration proceedings, Jaduguda and if except insofar as these Procedures, as they may be amended from time to time, specifically provide otherwise. Executive may initiate a claim or case only by a written notice to Company as provided in this Agreement. Company may likewise initiate a claim or case by a written notice delivered to Executive, as provided in this Agreement. The written notice must set forth the Chairman and Managing Director is unable or unwilling matter in dispute in sufficient detail to act to advise the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any non-initiating party of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator nature and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveor claim, the date(s) of the underlying occurrence(s), and the relief requested. It shall also be the initiating party's responsibility to submit the claim and other required documents and fees to AAA in a timely manner; provided, however, if Executive is fully or partially successful, Company shall reimburse Executive for arbitration fees reasonably incurred. In conducting arbitration proceedings, the AAA-appointed arbitrator shall give reasons for be authorized to award any relief available under the award. Subject as aforesaid, the provisions laws of the Arbitration ActUnited States or the State of Indiana applicable to the claim, 1940 dispute, or any statutory modification or re-enactment thereof controversy submitted, where such relief is warranted based on the evidence and the rules made there under and for the time being in force, law. Any arbitration award shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationbinding, and enforceable by an action in any court of competent jurisdiction. The arbitrator No award shall be deemed set aside, or denied enforcement, by any court in any action unless the court finds that the arbitrator purported to have entered on resolve claims, disputes, or controversies not within the reference on scope of these Procedures. Adherence to these Procedures, and the date he issues notice to both the parties fixing the date agreement of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement to follow them, shall be enforceable in an action to compel or stay arbitration pursuant to the Federal Arbitration Act or the Indiana Uniform Arbitration Act in a court of competent jurisdiction.
Appears in 6 contracts
Sources: Change of Control Agreement (CNB Bancshares Inc), Change of Control Agreement (CNB Bancshares Inc), Change of Control Agreement (CNB Bancshares Inc)
Arbitration. Except where otherwise provided for Any dispute related to the interpretation of enforcement of this Employment Agreement shall be enforceable only by arbitration in the ContractCounty of Orange, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship California (or materials used on the work or as to any such other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters metropolitan area to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsEmployer's principal executive offices may be relocated), such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms commercial arbitration rules then in effect of the Contract. Such person American Arbitration Association, before a panel of three arbitrators, one of whom shall be entitled to proceed with selected by the reference from Employer, the stage at which his predecessor left itsecond of whom shall be selected by the Executive and the third party of whom shall be selected by the other two arbitrators. It is also a terms In the absence of this Contract that no person other than a person appointed by such Chairman & Managing Directorthe American Arbitration Association, as aforesaid should act as arbitrator and or if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to reason arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term arbitration rules of the Contract that American Arbitration Association cannot be initiated, or if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent one of the parties enlarge shall fail or refuses to select an arbitrator, or if the timeparties failed or refused to select an arbitrator, or if the arbitrators selected by the Employer and the Executive cannot agree on the selection of the third arbitrator within seven (7) days after such time as the Employer and the Executive have each been notified of the selection of the other's arbitrator, the necessary arbitrator or arbitrators shall be selected by the presiding judge of the court of general jurisdiction in the metropolitan area where arbitration under this section would otherwise have been conducted. Each arbitrator selected as provided herein is required to be or have been a director or an executive officer for making and publishing a corporation whose shares of common stock were listed during at least one year of such service on the awardNew York Stock Exchange or the American Stock Exchange or quoted on the National Association if Securities Dealers Automated Quotations System. The decision of arbitrators shall award to the Engineer-in-charge regarding the quantum of reduction as well as justification thereof Employer its legal fees and expenses incurred in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed connection with any arbitration proceeding is commenced by the Arbitrator, in his sole discretionExecutive and the Executive has no reasonable basis for initiating such proceeding. The Any award of entered by the Arbitrator arbitrators shall be final, conclusive binding and binding all nonappealable and judgment may be entered thereon by any party in accordance with applicable law in any court or competent jurisdiction except to the parties to this Contractextent an Arbitration award is appealable under applicable law. This arbitration provision shall be specifically enforceable.
Appears in 6 contracts
Sources: Employment Agreement (Universal Broadband Communications Inc), Employment Agreement (Universal Broadband Communications Inc), Employment Agreement (Universal Broadband Communications Inc)
Arbitration. (a) Except where otherwise provided for as contemplated by Section 7(d) or Section 9(c) hereof, any dispute or controversy arising under or in connection with this Agreement that cannot be mutually resolved by the Contractparties to this Agreement and their respective advisors and representatives shall be settled exclusively by arbitration in Southfield, all questions Michigan, before one arbitrator of exemplary qualifications and disputes relating stature, who shall be selected jointly by an individual to be designated by the Company and an individual to be selected by Executive, or if such two individuals cannot agree on the selection of the arbitrator, who shall be selected pursuant to the meaning procedures of the specificationsAmerican Arbitration Association, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, such arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Employment Dispute Resolution Rules of the Contract. Such person American Arbitration Association then in effect.
(b) The parties agree to use their best efforts to cause (i) the two individuals set forth in the preceding Section 9(a), or, if applicable, the American Arbitration Association, to appoint the arbitrator within thirty (30) days of the date that a party hereto notifies the other party that a dispute or controversy exists that necessitates the appointment of an arbitrator, and (ii) any arbitration hearing to be held within thirty (30) days of the date of selection of the arbitrator, and, as a condition to his or her selection, such arbitrator must consent to be available for a hearing, at such time.
(c) Judgment may be entered on the arbitrator’s award in any court having jurisdiction, provided that Executive shall be entitled to proceed seek specific performance of Executive’s right to be paid and to participate in benefit programs during the pendency of any dispute or controversy arising under or in connection with this Agreement. The Company and Executive hereby agree that the reference from arbitrator shall be empowered to enter an equitable decree mandating specific performance of the stage at which his predecessor left it. It is also a terms of this Contract that no person other than Agreement. If any dispute under this Section 9 shall be pending, Executive shall continue to receive at a person appointed by such Chairman & Managing Director, as aforesaid should minimum the base salary which Executive was receiving immediately prior to the act as arbitrator and if or omission which forms the basis for any reason, that is not possible, the matter is not to be referred to arbitration at alldispute. In all cases where At the amount close of the claim in dispute arbitration, such continued base salary payments may be offset against any damages awarded to Executive or may be recovered from Executive if it is Rs. 50,000/-(Rupees Fifty Thousand) and above, determined that Executive was not entitled to the arbitrator shall give reasons for continued payment of base salary under the award. Subject as aforesaid, the other provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 6 contracts
Sources: Employment Agreement (Lear Corp), Employment Agreement (Lear Corp), Employment Agreement (Lear Corp)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to (a) The parties shall promptly submit any other questiondispute, claim, right, matter or thing whatsoever in any way controversy arising out of or relating to this Agreement (including with respect to the Contractmeaning, designseffect, drawingsvalidity, specificationstermination, estimatesinterpretation, instructions, orders or these conditions or otherwise concerning the worksperformance, or enforcement of this Agreement) or any alleged breach thereof (including any action in tort, contract, equity, or otherwise), to binding arbitration before one arbitrator (the execution “Arbitrator”). Binding arbitration shall be the sole means of resolving any dispute, claim, or failure controversy arising out of or relating to execute this Agreement (including with respect to the samemeaning, whether arising during effect, validity, termination, interpretation, performance or enforcement of this Agreement) or any alleged breach thereof (including any claim in tort, contract, equity, or otherwise).
(b) If the progress parties cannot agree upon the Arbitrator, the Arbitrator shall be selected by the New York, New York chapter head of the work American Arbitration Association upon the written request of either side. The Arbitrator shall be selected within thirty (30) days of such written request.
(c) The laws of the State of New York shall apply to any arbitration hereunder. In any arbitration hereunder, this Agreement shall be governed by the laws of the State of New York applicable to a contract negotiated, signed, and wholly to be performed in the State of New York, which laws the Arbitrator shall apply in rendering his decision. The Arbitrator shall issue a written decision, setting forth findings of fact and conclusions of law, within sixty (60) days after he shall have been selected. The Arbitrator shall have no authority to award punitive or after other exemplary damages.
(d) The arbitration shall be held in New York, New York in accordance with and under the completion then-current provisions of the rules of the American Arbitration Association, except as otherwise provided herein.
(e) On application to the Arbitrator, any party shall have rights to discovery to the same extent as would be provided under the Federal Rules of Civil Procedure, and the Federal Rules of Evidence shall apply to any arbitration under this Agreement; provided, however, that the Arbitrator shall limit any discovery or abandonment thereofevidence such that his decision shall be rendered within the period referred to in Section 10.1(c).
(f) The Arbitrator may, at his discretion and at the expense of the party who will bear the cost of the arbitration, employ experts to assist him in his determinations.
(g) The costs of the arbitration proceeding and any proceeding in court to confirm any arbitration award (including actual attorneys’ fees and costs), shall be referred to borne by the sole arbitration unsuccessful party and shall be awarded as part of the Chairman & Managing Director of Uranium Corporation of India LimitedArbitrator’s decision, Jaduguda and if unless the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as Arbitrator shall otherwise allocate such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that costs in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencedecision. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award determination of the Arbitrator shall be final, conclusive final and binding all upon the parties and not subject to appeal.
(h) Any judgment upon any award rendered by the Arbitrator may be entered in and enforced by any court of competent jurisdiction. The parties expressly consent to the non-exclusive jurisdiction of the courts (Federal and state) in New York, New York to enforce any award of the Arbitrator or to render any provisional, temporary, or injunctive relief in connection with or in aid of the arbitration. The parties expressly consent to the personal and subject matter jurisdiction of the Arbitrator to arbitrate any and all matters to be submitted to arbitration hereunder. None of the parties hereto shall challenge any arbitration hereunder on the grounds that any party necessary to such arbitration (including the parties hereto) shall have been absent from such arbitration for any reason, including that such party shall have been the subject of any bankruptcy, reorganization, or insolvency proceeding.
(i) The parties shall indemnify the Arbitrator and any experts employed by the Arbitrator and hold them harmless from and against any claim or demand arising out of any arbitration under this ContractAgreement, unless resulting from the gross negligence or willful misconduct of the person indemnified.
(j) This arbitration section shall survive the termination of this Agreement.
Appears in 6 contracts
Sources: Merger Agreement (Wintergreen Acquisition Corp.), Merger Agreement (Future Vision II Acquisition Corp.), Business Combination and Merger Agreement (Global Technology Acquisition Corp. I)
Arbitration. Except where otherwise provided for a. All disputes under this Agreement shall be settled by arbitration in the ContractMiami, all questions and disputes relating Florida, before a single arbitrator pursuant to the meaning employment rules of arbitration (the "AAA Rules") of the specifications, designs, drawings and instructions herein before mentioned and as American Arbitration Association (the "AAA"). Arbitration may be commenced at any time by any party hereto giving written notice (the "Arbitration Notice") to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be party that such dispute has been referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceunder this Section 7. The arbitrator to whom shall be selected by the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation joint agreement of the office of inability to actCorporation and Officer, shall appoint another person to act as arbitrator in accordance with but if they do not so agree within 20 days after the terms date of the Contract. Such person giving of the Arbitration Notice, the selection shall be entitled made pursuant to proceed with the reference AAA Rules from the stage at which his predecessor left itpanels of arbitrators maintained by the AAA. It is also a terms of this Contract that no person other than a person appointed Any award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give be conclusive and binding upon the parties hereto and not subject to appeal; provided, however, that any such award shall be accompanied by a written opinion of the arbitrator giving the reasons for the award. Subject as aforesaid, This provision for arbitration shall be specifically enforceable by the provisions parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The expenses of the Arbitration Actarbitrator shall initially be shared equally by the parties; provided, 1940 however, that the arbitrator shall award to the prevailing party all fees and expenses (including, without limitation, attorneys' fees and expenses and expenses of the arbitrator) incurred by such prevailing party in connection with the arbitration. The prevailing party shall also be entitled to recover from the non-prevailing party reasonable attorneys' fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred as a result of any judicial proceedings relating to the specific enforcement of this Section 7 or judgment upon the award rendered by the arbitrator hereunder, in addition to any statutory modification or re-enactment thereof other relief to which the prevailing party may be entitled. For purposes of this Section 7, "attorneys' fees" shall include, without limitation, paralegal fees, investigative fees, administrative costs and all other charges billed by the rules made there under and for attorney to the prevailing party.
b. Notwithstanding subsection a. of this Section 7, to the extent that arbitration of a dispute hereunder is not legally permitted such that the parties to such dispute are prohibited at the time being of such dispute from mutually agreeing to submit such dispute to arbitration, either party may commence a civil action in force, shall apply the arbitration proceeding under this clause. It is a term court of the Contract that the party invoking arbitration shall specify the dispute or disputes appropriate jurisdiction to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each resolve such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration The prevailing party in respect of any claim(s) in writing within 90 days of receiving the intimation such proceedings shall be entitled to recover from the Corporation non-prevailing party reasonable attorneys' fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred in that the bill is ready for acceptance of the Contractoraction or proceeding, the claim of the Contractor will in addition to any other relief to which such party may be deemed to have been waived and absolutely barred and the company entitled.
c. Nothing contained in this Section 7 shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of prevent the parties enlarge the from settling any dispute by mutual agreement at any time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 6 contracts
Sources: Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in connection with this Agreement, Employee’s employment by the Contract, all questions Company or Employee’s compensation and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, benefits shall be referred to the sole settled exclusively by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin Dover, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed Delaware by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms Comprehensive Rules of the Contract. Such person shall be entitled to proceed with the reference from the stage Judicial Arbitration & Mediation Service, Inc. (“JAMS”) in effect at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open submission to arbitration. The rules can be found at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/rules-comprehensive-arbitration/. The following claims are excluded from this arbitration provision: claims arising under the National Labor Relations Act which are brought before the National Labor Relations Board, workers' compensation claims under applicable workers’ compensation laws, Employment Development Department claims, ERISA claims covered by an ERISA plan with a dispute resolution provision, or any other claims that are non-arbitrable under applicable state or federal law. Nothing herein shall prevent Employee from filing and pursuing proceedings before the Department of Fair Employment and Housing, the Division of Labor Standards Enforcement, or the United States Equal Employment Opportunity Commission (although if Employee chooses to pursue a claim following the exhaustion of such remedies, that claim would be subject to the provisions of this Agreement). The statutes of limitations otherwise applicable under law shall apply to all Claims made in arbitration. Judgment may be entered on the arbitrator’s award in any court having jurisdiction. The arbitration shall be conducted in a procedurally fair manner by a mutually agreed upon neutral arbitrator selected in accordance with the applicable JAMS rules (“Rules”) or if none can be mutually agreed upon, then by one arbitrator appointed pursuant to the Rules; the arbitration shall be conducted confidentially in accordance with the Rules unless provided otherwise by applicable law; the arbitration fees shall be paid by the Company; each party shall have the right to conduct reasonable discovery including depositions, requests for production of documents and such other discovery as permitted under the Rules or ordered by the arbitrator; the arbitrator shall have the authority to award any damages authorized by law for the claims presented, including punitive damages; the decision of the arbitrator shall be deemed to have entered final and binding on all parties and shall be the reference on the date he issues notice to both the parties fixing the date exclusive remedy of the first hearing. The venue of Arbitration parties; and the award shall be such place as may be fixed by in writing in accordance with the ArbitratorRules, in his sole discretion. The award of the Arbitrator and shall be final, conclusive subject to judicial enforcement and binding all the parties to this Contractreview in accordance with applicable law.
Appears in 6 contracts
Sources: Employment Agreement (Superior Group of Companies, Inc.), Employment Agreement (Superior Group of Companies, Inc.), Employment Agreement (Superior Group of Companies, Inc.)
Arbitration. Except where otherwise provided for in the Contract(a) Any and all other disputes, all questions controversies and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claims arising out of or relating to this Agreement, or with respect to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksinterpretation of this Agreement, or the execution rights or failure to execute obligations of the sameparties and their successors and permitted assigns, whether arising during the progress by operation of the work law or after the completion or abandonment thereofotherwise, shall be referred settled and determined by arbitration in New York City, New York pursuant to the sole arbitration then existing rules of the Chairman & Managing Director American Arbitration Association ("AAA") for commercial arbitration.
(b) In the event that the Executive disputes a determination that Cause exists for terminating his employment hereunder pursuant to Paragraph 7(b), or the Company disputes the determination that Good Reason exists for the Executive's termination of Uranium Corporation this Agreement pursuant to Paragraph 7(c), either party disputing this determination shall serve the other with written notice of India Limitedsuch dispute ("Dispute Notice") within thirty (30) days after the date the Executive is terminated for Cause or the date the Executive terminates this Agreement for Good Reason. Within fifteen (15) days thereafter, Jaduguda and if the Chairman and Managing Director is unable Executive or unwilling to act to the sole arbitrationCompany, of some other person appointed by as the Chairman & Managing Directorcase may be, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limitedshall, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms Rules of the ContractAAA, file a petition with the AAA for arbitration of the dispute, the costs thereof to be shared equally by the Executive and the Company unless an order of the AAA provides otherwise. Such person shall If the Executive serves a Dispute Notice upon the Company, an amount equal to the portion of the Base Salary Executive would be entitled to proceed with receive hereunder shall be placed by the reference from Company in an interest-bearing escrow account mutually agreeable to the stage at which his predecessor left itparties or the Company shall deliver an irrevocable letter of credit for such amount plus interest containing terms mutually agreeable to the parties. It is also a terms of this Contract If the AAA determines that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if Cause existed for any reason, that is not possiblethe termination, the matter is not escrowed funds and accrued interest shall be paid to the Company. However, in the event the AAA determines that the Executive was terminated without Cause or that Executive resigned for Good Reason, the escrowed funds and accrued interest shall be paid to the Executive.
(c) Any proceeding referred to arbitration at all. In in Paragraph 9(a) or (b) shall also determine Executive's entitlement to legal fees as well as all cases where other disputes between the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandparties relating to Executive's employment.
(d) The parties covenant and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract agree that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will AAA shall be final and would not be open binding and hereby waive their right to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractappeal therefrom.
Appears in 6 contracts
Sources: Employment Agreement (Relocate 411 Com Inc /), Employment Agreement (Relocate 411 Com Inc /), Employment Agreement (Fantasy Sports Net Inc)
Arbitration. Except where otherwise provided for in To the Contractmaximum extent permitted by law, all questions and disputes relating to the meaning of the specificationsdisputes, designscontroversies, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksclaims, or demands of any kind or nature arising between the execution or failure to execute the sameparties in connection with this Agreement, whether arising during at law or in equity or based upon common law or any federal or state statute, rule, or regulation, that cannot be resolved between the progress of the work or after the completion or abandonment thereofparties through NFM’s internal complaint resolution procedures, shall be referred submitted to binding arbitration by the sole American Arbitration Association; provided, however, that this arbitration requirement shall not apply to any action by either party to obtain injunctive relief to prevent any violation by the other party of the Chairman & Managing Director terms of Uranium Corporation this Agreement, which injunctive action may be brought in any court of India Limitedcompetent jurisdiction. The filing of a claim for injunctive relief shall not allow either party to raise any other claim outside arbitration. Any arbitration commenced hereunder shall be initiated in Boulder, Jaduguda Colorado and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed shall be governed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if AAA National Rules for the arbitrator so appointed is an employee Resolution of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceEmployment Disputes. The arbitration shall occur before a single arbitrator to whom that shall be mutually agreed upon by the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsparties hereto. If the parties cannot agree on a single arbitrator, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, then an arbitrator shall appoint another person to act as arbitrator be selected in accordance with the terms rules of AAA. The arbitration must be filed within six months of the Contractact or omission which gives rise to the claim. Such person Each party shall be entitled to proceed with take any discovery as is permitted by the reference from applicable rules and the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allarbitrator. In all cases where determining the amount extent of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovediscovery, the arbitrator shall give reasons exercise discretion, but shall consider the expense of the desired discovery and the importance of the discovery to a just adjudication. The findings, conclusions, and award rendered in any arbitration shall be binding upon the parties and shall finally determine all questions of fact relating to the dispute. Judgment upon the arbitration award may be entered in the appropriate court, state or federal, having jurisdiction, and each party expressly waives any right to appeal any such judgment rendered by the court. Any party may apply to a court of competent jurisdiction for entry of judgment on the arbitration award. Subject as aforesaidThe costs of the arbitration shall be advanced equally by the parties, however the prevailing party in any arbitration or other legal action brought to enforce or defend the terms of this Agreement shall be entitled, in addition to any other remedies available to such party, to an award of reasonable attorney’s fees and costs. Any party may apply to a court of competent jurisdiction for entry of judgment on the arbitration award. The parties agree that failure to comply with the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and this paragraph shall constitute grounds for the time being dismissal of any suit, action, or proceeding instituted in forceany federal, state, or local court or before any administrative tribunal with respect to any dispute which arises during the period of this Agreement and which is subject to this arbitration agreement. The arbitration provisions of this Agreement are specifically enforceable by each party to the Agreement and shall apply survive the arbitration proceeding under this clause. It is a term termination or expiration of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputeAgreement. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractTHE EXECUTIVE UNDERSTANDS THAT THIS AGREEMENT TO ARBITRATE ALL ARBITRABLE DISPUTES MEANS THE EXECUTIVE IS AGREEING TO WAIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY RIGHT THE EXECUTIVE MAY HAVE TO ASK FOR A JURY OR COURT TRIAL IN ANY DISPUTE WITH THE COMPANY.
Appears in 6 contracts
Sources: Employment Agreement (New Frontier Media Inc), Employment Agreement (New Frontier Media Inc), Employment Agreement (New Frontier Media Inc)
Arbitration. Except where otherwise provided for in (a) If any dispute arises between the ContractExecutive and the Company that the parties cannot resolve themselves, all questions and disputes relating to including any dispute over the meaning of the specificationsapplication, designsvalidity, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksconstruction, or the execution or failure to execute the sameinterpretation of this Agreement, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms then-applicable rules of the ContractAmerican Arbitration Association shall provide the exclusive remedy for resolving any such dispute, regardless of its nature; provided, however, that the Company may enforce the Executive's obligations under paragraphs 8 and 9 hereof by an action for injunctive relief and damages in a court of competent jurisdiction at any time prior or subsequent to the commencement of an arbitration proceeding as herein provided.
(b) This paragraph 19 shall apply to claims arising under state and federal statutes, local ordinances, and the common law. Such person The arbitrator shall be entitled to proceed apply the same substantive law that a court with jurisdiction over the reference from parties and their dispute would apply under the stage at which his predecessor left it. It is also a terms of this Contract Agreement. The arbitrator's remedial authority shall equal the remedial power that no person a court with jurisdiction over the parties and their dispute would have. The arbitrator shall, upon an appropriate motion, dismiss any claim brought in arbitration if he or she determines that the claim could not properly have been pursued through court litigation. If the then-applicable rules of the American Arbitration Association conflict with the procedures of this paragraph 19, the latter shall apply.
(c) If the parties cannot agree upon an arbitrator, the parties shall select a single arbitrator from a list of seven arbitrators provided by the New York, New York office of the American Arbitration Association. All seven listed arbitrators shall be retired judges experienced in employment law and/or persons actively involved in hearing private cases. If the parties cannot agree on selecting an arbitrator from that list, then the parties shall alternately strike names from the list, with the first party to strike being determined by lot. After each party has used three strikes, the remaining name on the list shall be the arbitrator.
(d) Each party may be represented by counsel or by another representative of the party's choice, and each party shall pay the costs and fees of its counsel or other than a person appointed representative and its own filing or administrative fees. The non-prevailing party (as determined by such Chairman & Managing Directorthe arbitrator) shall bear the fees and costs of the arbitrator.
(e) The arbitrator shall render an award and opinion in the form typical of those rendered in labor arbitrations, as aforesaid should act as arbitrator and if that award shall be final and binding and non-appealable. To the extent that any part of this paragraph 19 is found to be legally unenforceable for any reason, that is part shall be modified or deleted in such a manner as to render this paragraph 19 (or the remainder of this paragraph) legally enforceable and as to ensure that except as provided in clause (b) of this paragraph 19, all conflicts between the Company and the Executive shall be resolved by neutral, binding arbitration. The remainder of this paragraph 19 shall not possiblebe affected by any such modification or deletion but shall be construed as severable and independent. If a court finds that the arbitration procedures of this paragraph 19 are not absolutely binding, then the matter is not parties intend any arbitration decision to be referred fully admissible in evidence, given great weight by any finder of fact, and treated as determinative to the maximum extent permitted by law.
(f) Unless the parties agree otherwise, any arbitration at allshall take place in New York, New York in such location as agreed to by the Company and the Executive. In all cases where If the amount of parties cannot agree upon a location for the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovearbitration, the arbitrator shall give reasons for determine the award. Subject as aforesaidlocation within New York, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractNew York.
Appears in 5 contracts
Sources: Employment Agreement (Agency Com LTD), Employment Agreement (Agency Com LTD), Employment Agreement (Agency Com LTD)
Arbitration. Except where otherwise to the extent provided for in Section 11, in the Contractevent that any dispute, all questions controversy or claim arises between the Company or National and disputes relating the Executive with respect to the meaning subject matter of this Agreement and the specificationsenforcement of rights hereunder, designssuch dispute, drawings and instructions herein before mentioned and as to the quality of workmanship controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, claim shall be referred to the sole resolved by binding arbitration before a panel of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator three arbitrators selected in accordance with the terms American Arbitration Association (the “AAA”). The arbitration shall be conducted in accordance with the Expedited Employment Arbitration Rules of the Contract. Such person shall be entitled to proceed with American Arbitration Association then in effect at the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount time of the claim arbitration (or such other rules as the parties may agree to in dispute is Rswriting), and otherwise in accordance with principles which would be applied by a court of law or equity. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being The determination reached in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking such arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would binding on both parties without any right of appeal or further dispute. Execution of the determination by such arbitration panel may be sought in any court of competent jurisdiction. The arbitrators shall not be open to arbitrationbound by judicial formalities and may abstain from following the strict rules of evidence and shall interpret this Agreement as an honorable engagement and not merely as a legal obligation. The arbitrator Unless otherwise agreed by the parties, any such arbitration shall be deemed to have entered on take place in a location selected by the reference on Company which is a convenient forum for such arbitration (taking into account the date he issues notice to both availability of a sufficient pool of experienced arbitrators) and not more than 100 miles from the parties fixing Executive’s principal place of employment at the date of the first hearing. The venue of Arbitration shall be Effective Date (or at such place other location as may be fixed agreed upon by the Arbitratorparties), and shall be conducted in his sole discretion. The award accordance with the Rules of the Arbitrator AAA. In the event of the occurrence of any proceeding (including the appeal of an arbitration decision) between the Company or National and the Executive with respect to the subject matter of this Agreement and the enforcement of rights hereunder, the Company or National shall reimburse the Executive for all reasonable costs and expenses relating to such proceeding, including reasonable attorneys’ fees and expenses, regardless of the final outcome, unless the arbitration panel determines that recovery by the Executive of all or a part of such fees, costs and expenses would be final, conclusive unjust. In no event shall the Executive reimburse the Company for any of the costs and binding all the parties expenses relating to this Contractsuch litigation or other proceeding.
Appears in 5 contracts
Sources: Employment Agreement (National Fuel Gas Co), Employment Continuation and Noncompetition Agreement (National Fuel Gas Co), Employment Agreement (National Fuel Gas Co)
Arbitration. Except where otherwise provided for Any dispute or controversy arising under or in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, connection with this Agreement shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Directorconducted before an arbitrator in Houston, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Texas in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction; provided, however, that the Company shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any violation or continuation of any violation of the reference from provisions of Articles 9, 10, 11 or 13 of this Agreement and Employee hereby consents that such restraining order or injunction may be granted without requiring the stage at which his predecessor left itCompany to post a bond. Only individuals who are on the AAA register of arbitrators shall be selected as an arbitrator. Within 20 days of the conclusion of the arbitration hearing, the arbitrator(s) shall prepare written findings of fact and conclusions of law. It is also a terms mutually agreed that the written decision of this Contract that no person other than a person appointed by such Chairman & Managing Directorthe arbitrator(s) shall be valid, as aforesaid should act as arbitrator binding, final and if for any reasonnon-appealable; provided however, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, parties hereto agree that the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open empowered to award punitive damages against any party to such arbitration. The arbitrator Company shall bear all administrative fees and expenses of the arbitration and each party shall bear its own counsel fees and expenses except as otherwise provided in this paragraph. If Employee makes a claim against the Company relating to the performance of, or the rights and obligations of, the Company arising under, relating to or in connection with this Agreement (a “Covered Claim by the Employee”), the arbitrators shall award Employee his reasonable legal fees and expenses if Employee prevails on one material Covered Claim by the Employee (as determined by the arbitrator). If a claim is made by the Company against Employee relating to the performance of, or the rights and obligations of, Employee arising under, relating to or in connection with this Agreement (a “Covered Claim by the Company”), the arbitrators shall award Employee his reasonable legal fees and expenses; provided that if such Covered Claim by the Company relates to Employee’s performance or obligations under Articles 9, 10, 11 or 13, the arbitrators shall award Employee his legal fees and expenses only if the Company does not prevail on any Covered Claim by the Company relating to any such Section (as determined by the arbitrator). Any reimbursement of reasonable legal fees and expenses required under this Section 14.02 and any reimbursement of expenses included in the Accrued Obligations payable to Employee under Article 6 shall be deemed made not later than the close of Employee’s taxable year following the taxable year in which Employee incurs the expense; provided, however, that, upon Employee’s termination of employment with the Company, in no event shall any additional reimbursement be made prior to have entered on the reference on the date he issues notice to both the parties fixing that is six months after the date of Employee’s termination of employment to the first hearing. The venue of Arbitration shall be extent such place as may be fixed by the Arbitrator, in his sole discretion. The award payment delay is required under Section 409A(a)(2)(B)(i) of the Arbitrator Code. In no event shall any reimbursement be final, conclusive made to Employee for such fees and binding all expenses incurred after the parties to this Contractdate that is 10 years after the date of Employee’s termination of employment with the Company.
Appears in 5 contracts
Sources: Severance Agreement (Cobalt International Energy, Inc.), Reorganization Agreement (Cobalt International Energy, Inc.), Severance Agreement (Cobalt International Energy, Inc.)
Arbitration. Except where otherwise provided for If the grievance is not resolved in Step Three of the ContractGrievance Procedure, all questions and disputes relating either the Association or the District may submit the grievance to arbitration by notifying the other party within ten (10) days after the answer to Step Three. The submission to arbitration shall contain a statement of the issues to be arbitrated, reference to the meaning specific Article and Section allegedly violated, the contention of the specificationsparty filing for arbitration, designsand shall be signed by the Local Association President or his/her designee and the employee involved. Within the ten (10) days following receipt of the written notice of intent to arbitrate, drawings the Association or a representative of the District shall file a demand for arbitration with the American Arbitration Association, with a copy to the other party. The arbitrator shall then be selected according to the Rules of the American Arbitration Association. Failure to comply with any of these provisions shall render the grievance non-arbitrable. It shall be the function of the arbitrator, and instructions herein before mentioned he/she shall be empowered, except as his/her powers are limited by this Agreement, after due investigation, to make a decision in cases of alleged violation of a specific Article(s) and Section(s) of this Agreement. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. He/ she shall have no power to establish salary structures or change any salary or wage. He/she shall not substitute his/her judgment for that of the District's as to the quality qualifications and ability of workmanship an employee, if such judgment was not arbitrary or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allcapricious. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboverendering decisions, the arbitrator shall give reasons for due regard to the awardresponsibility of management as conditioned by this Agreement. Subject as aforesaidIf the District disputes the arbitrability of any grievance under the terms of this Agreement, the provisions arbitrator shall have to decide if the grievance is arbitrable before hearing the merits of the Arbitration Actgrievance. In the event that a case is appealed to an arbitrator on which he/ she has no power to rule, 1940 it shall be referred back to the parties without decision or any statutory modification or re-enactment thereof and recommendation on its merits. There shall be no appeal from an arbitrator's decision if within the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clausescope of his/her authority as set forth above. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationbinding on the Association, its members, the employee(s) involved, and the District. The fees and expenses of the arbitrator shall be deemed to have entered on shared equally by the reference on the date he issues notice to both the parties fixing the date parties. All other costs and expenses of the first hearing. The venue of Arbitration arbitration, including filing fees and witness expenses, shall be such place as may be fixed borne by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractparty incurring them.
Appears in 5 contracts
Sources: Professional Agreement, Professional Agreement, Professional Services
Arbitration. Except where otherwise provided (a) If a grievance alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the PBA representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 2. If a contract language dispute as described in (3), above, is not resolved at Step 3, the PBA representative may appeal the grievance in writing to arbitration on the appropriate form as contained in Appendix C of this Agreement within 10 days following receipt of the decision at Step 3. If, at the initial written step, the PBA declined to represent the grievant because he was not a member of the PBA, the grievant may appeal the grievance to arbitration. The appeal to arbitration shall be filed with the Department of Management Services on the form contained in Appendix C of this Agreement and shall include a copy of the grievance forms submitted at Steps 1, 2, and 3 (if applicable) together with all written responses and documents in support of the grievance.
(b) The arbitrator shall be one person from a panel of four arbitrators selected by the Parties. The Department of Management Services’ Arbitration Coordinator shall schedule the arbitration hearing with the state and PBA representatives and the arbitrator listed next on the panel in rotation and shall coordinate the arbitration hearing time, date, and location.
(c) At least fifteen days before the scheduled date of the arbitration hearing, the parties shall file with the arbitrator, and provide to each other, a list of witnesses to be called at the hearing, except rebuttal witnesses, and a brief statement of the material facts or matters relevant to the grievance about which each witness will testify. A party may file a written request with the arbitrator, with a concurrent copy to the other party, for an exception to the filing time limits for good cause. If such exception is granted, the other party may request that the hearing be rescheduled if necessary for the party to respond to the late filed witness information.
(d) The parties may, by agreement in writing, submit related grievances for hearing before the Contractsame arbitrator. Arbitration hearings shall be scheduled as soon as feasible but not more than five months following the receipt of the Request for Arbitration Form. If the arbitrator initially selected is not available to schedule within this period, the Arbitration Coordinator shall contact succeeding arbitrators on the panel until an arbitrator is identified who can schedule within the prescribed period. A party may request of the arbitrator, with notice to the other party and the Arbitration Coordinator, an extension of time/continuance based on documented unusual and compelling circumstances. The parties may agree to schedule a hearing beyond the five-month deadline. The Arbitration Coordinator shall schedule arbitration hearings at times and locations agreed to by the parties, taking into account the availability of evidence, location of witnesses and existence of appropriate facilities, as well as other relevant factors; however, unless agreed otherwise, all questions and disputes relating to the meaning hearings shall be held within 50 miles of the specificationsgrievant(s)’ place of work.
(e) Where there is a threshold issue regarding arbitrability, designsincluding timeliness, drawings of a grievance raised by either party, an expedited arbitration hearing shall be conducted to address only the arbitrability issue. In such cases, the parties shall choose an arbitrator from the panel of arbitrators (see (5)(b) above), who is available to schedule a hearing and instructions herein before mentioned render a decision within 15 days of an arbitrator being chosen for this limited purpose. The hearing on this issue shall be limited to one day, and as the arbitrator shall be required to decide the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress issue within five business days of the work or after the completion or abandonment thereof, hearing. The hearing shall be referred to conducted by telephone upon the sole arbitration agreement of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda parties and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if The party losing the arbitrability issue shall pay the fees and expenses of the expedited arbitration. If the arbitrator so appointed determines that the issue is an employee of Uranium Corporation of India Limitedarbitrable, Jaduguda and that he had to deal with another arbitrator shall be chosen from the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator parties’ regular arbitration panel in accordance with the terms provisions of (5)(b) of this Article to conduct a hearing on the Contract. Such person substantive issue(s).
(f) The arbitrator may fashion an appropriate remedy to resolve the grievance and, provided the decision is in accordance with his jurisdiction and authority under this Agreement, shall be entitled to proceed with final and binding on the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possiblestate, the matter is not to be referred to arbitration at allPBA, the grievant(s), and the employees in the bargaining unit. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, considering a grievance the arbitrator shall give reasons for be governed by the awardfollowing provisions and limitations:
1. Subject as aforesaidThe arbitrator shall issue a decision not later than 22 days from the date of the closing of the hearing or the submission of briefs, whichever is later.
2. The arbitrator’s decision shall be in writing, shall be determined by applying a preponderance of the evidence standard, and shall set forth the arbitrator’s opinion and conclusions on the issue(s) submitted.
3. The arbitrator shall have no authority to determine any other issue, and shall refrain from issuing any statement of opinion or conclusion not essential to the determination of the issues submitted.
4. The arbitrator shall limit the decision strictly to the application and interpretation of the specific provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAgreement.
5. The arbitrator shall be deemed without power or authority to make any decisions that are:
a. Contrary to or inconsistent with, adding to, subtracting from, or modifying, altering or ignoring in any way, the terms of this Agreement, or of applicable law or rules or regulations having the force and effect of law.
b. Limiting or interfering in any way with the power, duties and responsibilities of the state under its Constitution, applicable law, and rules and regulations having the force and effect of law, except as such powers, duties and responsibilities have entered on been abridged, delegated or modified by the reference on express provisions of this Agreement.
6. The arbitrator’s award may include back pay, to the Grievant(s); however, the following limitations shall apply to such monetary awards:
a. An award of back pay shall not exceed the amount of pay the grievant would otherwise have earned at his regular rate of pay, shall be reduced by the amount of wages earned from other sources or monies received as reemployment assistance benefits during the back pay period, shall not include punitive damages, shall not be retroactive to a date earlier than 15 days prior to the date he issues notice the grievance was initially filed.
b. If the Association is granted a continuance to both reschedule an arbitration hearing over the parties fixing the date objection of the first agency, the agency will not be responsible for back pay for the period between the original hearing date or the end of the five month period described in (5)(d), above, whichever is later, and the rescheduled date.
(g) The fees and expenses of the arbitrator shall be borne solely by the party who fails to prevail in the hearing; however, each party shall be responsible for compensating and paying the expenses of its own representatives, attorneys and witnesses. The venue arbitrator shall submit his fee and expense statement to the Arbitration Coordinator for processing in accordance with the arbitrator’s contract. Should the arbitrator fashion an award in such a manner that the grievance is sustained in part and denied in part, the state and the PBA will evenly split the arbitrator’s fee and expenses.
(h) A party may schedule a stenotype reporter to record the proceedings. Such party is responsible for paying the appearance fee of Arbitration the reporter. If either party orders a transcript of the proceedings, the party shall be such place as may be fixed by pay for the Arbitrator, in his sole discretioncost of the transcript and provide a photocopy to the arbitrator. The award party shall also provide a photocopy of the Arbitrator shall transcript to the other party upon written request and payment of copying expenses ($.15 per page).
(i) The PBA will not be final, conclusive and binding all the parties responsible for costs of an arbitration to this Contractwhich it was not a Party.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. 10.1 After exhausting the Grievance Procedure, either party may request that a grievance be submitted to arbitration. A Notice to Arbitrate shall be made, in writing, to the other party within ten (10) regular workdays after the date of the Step 4 decision. The Notice to Arbitrate will indicate the arbitrator for that grievance from the following list: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Arbitrators will be selected in the order they appear on the list above; starting with the top of the list and moving to the bottom in the order that written Notices to Arbitrate are received. In the event that the arbitrator is no longer available to arbitrate, that particular case will be referred to the next arbitrator on the list. Should the schedule of the selected arbitrator be such that he is not available for a significant period of time, the parties may mutually agree, in writing, to move to the next arbitrator on the list. The expense of the arbitrator shall be equally divided between the Company and the Union.
10.2 The parties recognize those rights to expedited arbitration that exist under the Ontario Labour Relations Act.
10.3 The Arbitrators shall act as sole arbitrators with respect to each grievance that is referred to Arbitration.
10.4 Except where otherwise provided for in the Contractthis Agreement, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardhereto will bear its own expense with respect to any arbitration proceedings. The decision parties hereto will bear jointly the expenses of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would Arbitrator on an equal basis.
10.5 The Arbitrator shall not be open authorized, nor shall the Arbitrator assume authority, to arbitration. alter, modify, or amend any part of this Agreement, or to make any decision inconsistent with the provisions thereof except in the case of suspension and discharge, where the arbitrator will have the right to modify, or deal with any matter not covered by this Agreement.
10.6 The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award decision of the Arbitrator shall be final, conclusive final and binding all on the parties and any employee affected by it.
10.7 Hearings will be held at locations by mutual agreement.
10.8 All time limits referred to this Contractunder the Grievance and Arbitration Procedures herein may, at any time, be extended by written agreement between the Company and the Union.
Appears in 4 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Arbitration. Except where otherwise provided for (a) Subject to Sections 10.2 and 10.3, if the Parties fail to resolve their dispute within seven (7) days of the start of the mediation, the Parties will appoint an arbitrator having appropriate experience in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole biopharmaceutical industry who will conduct an arbitration of the Chairman & Managing Director dispute. If the Parties cannot agree on a mutually acceptable arbitrator within seven (7) days of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling decision to act proceed to the sole arbitration, either Party may apply to a court of some other person appointed by the Chairman & Managing Director, willing competent jurisdiction to act as such arbitrator. There will be no objection if the appoint an qualified arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that having appropriate experience in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencebiopharmaceutical industry. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, arbitration shall appoint another person to act as arbitrator be conducted in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorArbitration Act, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand1991 (Ontario) and abovethe arbitrator shall also be empowered to hear injunctive proceedings in accordance therewith.
(b) Notwithstanding Section 10.5 below, the arbitrator shall give reasons may include in its award an order as to the payment of the costs of the proceedings and reasonable counsel fees. Any Party ordered to pay costs may avail itself of any procedure for the award. Subject as aforesaidtaxing of costs, provided, however, that the provisions of Parties specifically agreed that the Arbitration Act, 1940 or officer taxing such costs need not be bound by any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term scale of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not costs.
(c) The arbitrator will make any demand for arbitration in respect of any claim(s) its decision in writing within 90 fifteen (15) days of receiving the intimation from hearing and, unless the Corporation that the bill is ready for acceptance of the ContractorParties otherwise agree, the claim of the Contractor arbitrator’s reasons will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract set out in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will award shall be final and would binding on the Parties and shall not be open subject to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date any appeal although either Party may request clarification of the first hearing. award and the arbitrator’s reasons.
(d) The venue of Arbitration shall be such place as may be fixed by Parties consent to the Arbitrator, in his sole discretion. The award of the Arbitrator arbitrator being entered in any court having jurisdiction for the purposes of enforcement. In addition, if it appears to any Party that the arbitrator lacks the power to give effective interim relief, such Party may apply to any appropriate court for such relief.
(e) All matters in dispute, all claims, submissions, evidence and findings, and the award itself shall be finalkept confidential by the arbitrator, conclusive and binding all no information regarding any of the parties foregoing will be released to any Third Party or otherwise made public without the written consent of the Parties, except as otherwise contemplated herein and except for such information which is not Confidential Information.
(f) The Parties may with mutual consent, expand or abridge the time periods provided for in this ContractArticle 10.
Appears in 4 contracts
Sources: Exclusive License Agreement (Med BioGene Inc.), Additional Exclusive License Agreement (Med BioGene Inc.), Additional Exclusive License Agreement (Med BioGene Inc.)
Arbitration. Except where otherwise provided for in Any controversy, dispute or claim (collectively, a "DISPUTE") between the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way parties arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or the execution breach, termination or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment validity thereof, shall be referred to the sole finally settled by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms commercial arbitration rules of the ContractAmerican Arbitration Association ("AAA") then pertaining. Such person However, in all events, these arbitration provisions shall govern over any conflicting rules that may now or hereafter be contained in the AAA rules. The arbitration shall be held in the State of New York unless the parties mutually agree to have the arbitration held elsewhere, and judgment upon the award made therein may be entered by any court having jurisdiction in the State of New York; provided however, that nothing contained in this Article XVII shall be construed to limit or preclude a party from bringing any action in any court of competent jurisdiction for injunctive or other provisional relief to compel another party to comply with its obligations under this Agreement during the pendency of the arbitration proceedings. Any judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction over the subject matter hereof. The arbitrator shall have the authority to grant any equitable and legal remedies that would be available in any judicial proceeding instituted to resolve any claim hereunder. Any such arbitration will be conducted before a single arbitrator who shall be chosen by agreement of the parties, or, if the parties cannot agree, in accordance with the rules of the AAA. The arbitrator shall permit such discovery as he shall determine is appropriate in the circumstances, taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. Any such discovery shall be limited to information directly related to the controversy or claim in arbitration and shall be concluded within sixty (60) days after appointment of the third arbitrator. The substantially prevailing party in any arbitration hereunder, as determined by the arbitrator, shall be entitled to proceed with an award of a percentage of its reasonable costs incurred in connection therewith, including attorneys' fees, determined by dividing the reference from amount actually awarded to the stage at which his predecessor left itprevailing party by the amount claimed by the prevailing party. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for For any reason, that is not possibleDispute submitted to arbitration, the matter is not to burden of proof will be referred to arbitration at all. In all cases where the amount of as it would be if the claim were litigated in dispute is Rsa judicial proceeding. 50,000/-(Rupees Fifty Thousand) and aboveUpon the conclusion of any arbitration proceedings hereunder, the arbitrator shall give will render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for the award. Subject as aforesaid, the provisions any decision reached and will deliver such documents to each party to this Agreement along with a signed copy of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement and shall make his decision based on and in accordance with the provisions of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 4 contracts
Sources: Asset Purchase Agreement (Dobson Communications Corp), Asset Purchase Agreement (Dobson Communications Corp), Asset Purchase Agreement (American Cellular Corp /De/)
Arbitration. Except where otherwise provided for If the Claim is not resolved by negotiation by the conclusion of the negotiation period referred to above, such Claim shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Title 9 of the Contract, all questions and disputes relating U.S. Code. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(a) Any Participating Party desiring to commence arbitration shall send a written notice (an "Arbitration Notice") to the meaning of the specifications, designs, drawings other Participating Parties and instructions herein before mentioned and as to the quality of workmanship or materials used on AAA describing the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda dispute and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with setting forth the matters to which be resolved by the Contract relates and that in the course of his duties as such he had expressed views on all or any arbitration. Within ten Business Days of the date of such notice (the "Notice Period"), any other Participating Party may, if such Participating Party does not agree with the description or statement of matters in to be resolved, send an Arbitration Notice to the other Participating Parties and to the AAA describing the dispute or differenceand setting forth the matters to be resolved by the arbitration. The Within ten Business Days of the end of the Notice Period, the Participating Parties shall, if they can agree, select an arbitrator to whom resolve the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at dispute. In the transfer, vacation event that the Participating Parties have not selected an arbitrator within ten Business Days of the office end of inability to actthe Notice Period, then the dispute shall appoint another person to act as arbitrator be resolved by majority decision of a panel of three arbitrators, selected by the AAA in accordance with its rules.
(b) In selecting arbitrators, the Participating Parties or the AAA shall select persons who are experienced in and knowledgeable about the information technology and telecommunications industries and are rendering no advice or services to, and within the past two years have rendered no material advice or services to, any party to this Agreement.
(c) The place of arbitration shall be Austin, Texas.
(d) The arbitrator(s) shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement.
(e) At any time after the Contractcommencement of a proceeding hereunder, any Party may make an application to the arbitrators seeking injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved. Such person Any Participating Party may also apply to any court having jurisdiction hereof at any time to seek injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved.
(f) The award shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms made within one month of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions filing of the Arbitration ActNotice, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may from time to time with consent be extended by agreement of the parties enlarge or by the time, for making and publishing the awardarbitrator(s) if necessary. The decision failure to meet these time limits shall not invalidate the award when rendered.
(g) Except as required by law or by regulation, or with the consent of all parties involved in the proceeding, no party hereto shall disclose or disseminate any information relating to a Claim or to the dispute resolution proceedings called for hereby except for disclosure to those of its officers, employees, accountants, attorneys and agents whose duties reasonably require them to have access to such information.
(h) The Participating Parties in the arbitration shall share equally the costs and expenses of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator Each Participating Party shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive otherwise bear its own fees and binding all the parties to this Contractexpenses.
Appears in 4 contracts
Sources: Internet Service Resale Agreement (SBC Communications Inc), Internet Service Resale Agreement (Prodigy Communications Corp), Sales Agency Agreement (SBC Communications Inc)
Arbitration. Except where otherwise provided for Any dispute or controversy between the Parties arising under or in the Contractconnection with this Agreement or Executive’s hire, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksemployment, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, termination from employment shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole settled exclusively by arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the conducted before an arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Hawaii in accordance with the terms employment rules of the ContractAmerican Arbitration Association then in effect. Such person Judgment may be entered on the arbitration award in any court having jurisdiction, provided, however, that the Company shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also seek a terms restraining order or injunction in any court of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for competent jurisdiction to prevent any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount continuation of any violation of the claim Agreement and the Executive hereby consents that such restraining order or injunction may be granted without requiring the Company to post a bond. Only individuals who are (i) lawyers engaged in dispute is Rsthe practice of law; and (ii) on the AAA register of arbitrators shall be selected as an arbitrator. 50,000/-(Rupees Fifty Thousand) and aboveWithin 20 days of the closure of the arbitration record, the arbitrator shall give reasons for prepare written findings of fact and conclusions of law. It is mutually agreed that the awardwritten decision of the arbitrator shall be valid, binding, final and non-appealable, provided however, that the parties agree that the arbitrator shall not be empowered to award punitive damages against any party to such arbitration in connection with claims arising out of this Agreement. Subject The arbitrator, as aforesaidpermitted by law, shall require the non-prevailing party to pay the arbitrator’s full fees and expenses or, if in the arbitrator’s opinion there is no prevailing party, the arbitrator’s fees and expenses will be borne equally by the parties thereto. In the event action is brought to enforce the provisions of this Agreement pursuant to this Section 15, the Arbitration Act, 1940 or any statutory modification or renon-enactment thereof prevailing parties shall be required to pay the reasonable attorney’s fees and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term expenses of the Contract that prevailing parties to the party invoking arbitration shall specify the dispute or disputes extent determined to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed appropriate by the Arbitratorarbitrator, acting in his its sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 4 contracts
Sources: Employment Agreement (Hawaiian Telcom Communications, Inc.), Employment Agreement (Hawaiian Telcom Holdco, Inc.), Employment Agreement (Hawaiian Telcom Holdco, Inc.)
Arbitration. Except where otherwise provided for The parties shall endeavor to settle all disputes by ----------- amicable negotiations. Any claim, dispute, disagreement or controversy that arises among the parties relating to this Option Agreement (excluding enforcement by the Company of its rights under the Agreement Not to Compete) that is not amicably settled shall be resolved by arbitration, as follows:
(a) Any such arbitration shall be heard in the ContractDistrict of Columbia, before a panel consisting of one (1) to three (3) arbitrators, each of whom shall be impartial. Except as the parties may otherwise agree, all questions arbitrators shall be appointed in the first instance by the appropriate official in the District of Columbia office of the American Arbitration Association or, in the event of his or her unavailability by reason of disqualification or otherwise, by the appropriate official in the New York City office of the American Arbitration Association. In determining the number and disputes relating appropriate background of the arbitrators, the appointing authority shall give due consideration to the meaning of the specificationsissues to be resolved, designs, drawings and instructions herein before mentioned and but his or her decision as to the quality number of workmanship or materials used on the work or arbitrators and their identity shall be final. Except as to any other questionotherwise provided in this Section 26, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress all of the work or after the completion or abandonment thereof, arbitration proceedings shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms rules of the Contractarbitrators.
(b) An arbitration may be commenced by any party to this Option Agreement by the service of a written request for arbitration upon the other affected parties. Such person request for arbitration shall summarize the controversy or claim to be arbitrated, and shall be entitled referred by the complaining party to proceed with the reference from appointing authority for appointment of arbitrators ten (10) days following such service or thereafter. If the stage at which his predecessor left itpanel of arbitrators is not appointed by the appointing authority within thirty (30) days following such reference, any party may apply to any court within the District of Columbia for an order appointing arbitrators qualified as set forth below.
(c) All attorneys' fees and costs of the arbitration shall in the first instance be borne by the respective party incurring such costs and fees, but the arbitrators shall have the discretion to award costs and/or attorneys' fees as they deem appropriate under the circumstances. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amount that in any way reflects punitive damages.
(d) Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(e) It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 26 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the views or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time disclosed to time with consent of the parties enlarge the third persons at any time, for making and publishing except to the award. The decision of the Engineer-in-charge regarding the quantum of reduction extent necessary to enforce an award or judgment or as well as justification thereof required by law or in respect of rates for substandard work, which may be decided response to be accepted, will be final and would not be open to legal process or in connection with such arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 4 contracts
Sources: Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co)
Arbitration. Except where otherwise provided for in the ContractAny controversy, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution refusal by any party hereto to perform the whole or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment any part thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole determined by arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course City of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsColumbus, such Chairman & Managing Director as aforesaid at the transferFranklin County, vacation of the office of inability to actOhio, shall appoint another person to act as arbitrator in accordance with the terms Commercial Arbitration Rules of the ContractAmerican Arbitration Association or any successor organization, except as otherwise set forth in this Section 9.10. Such The party demanding arbitration shall serve notice in writing upon all other parties hereto, setting forth in detail the controversy, dispute or claim with respect to which arbitration is demanded, and the parties shall thereupon endeavor to agree upon an arbitration board, which shall consist of three members (“Arbitration Board”). If all the parties hereto fail so to agree within a period of thirty (30) days from the original notice, the party demanding arbitration may, by written notice to all other parties hereto, direct that any members of the Arbitration Board that have not been agreed to by the parties shall be selected by the American Arbitration Association, or any successor organization. No person shall be entitled eligible for appointment to proceed the Arbitration Board who is an officer, employee, shareholder of or otherwise interested in any of the parties hereto or in the matter sought to be arbitrated. The Arbitration Board shall afford adequate opportunity to all parties hereto to present information with respect to the reference controversy, dispute or claim submitted to arbitration and may request further information from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorany party hereto; provided, as aforesaid should act as arbitrator and if for any reasonhowever, that is not possiblethe parties hereto may, by mutual agreement, specify the matter is not rules which are to govern any proceeding before the Arbitration Board and limit the matters to be referred to arbitration at allconsidered by the Arbitration Board, in which event the Arbitration Board shall be governed by the terms and conditions of such agreement. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions The determination or award of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules Board shall be made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is upon a term determination of a majority of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputemembers thereof. It is also a term The findings and award of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company Arbitration Board shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open conclusive with respect to arbitration. The arbitrator the controversy, dispute or claim submitted for arbitration and shall be deemed to have entered on the reference on the date he issues notice to both binding upon the parties fixing the date of the first hearing. The venue of Arbitration shall be such place hereto, except as may be fixed otherwise provided by the Arbitrator, in his sole discretionlaw. The award of the Arbitrator Arbitration Board shall be final, conclusive specify the manner and binding all extent of the division of the costs of the arbitration proceeding among the parties to this Contract.hereto
Appears in 4 contracts
Sources: Inter Company Power Agreement (Ohio Power Co), Inter Company Power Agreement (Columbus Southern Power Co /Oh/), Inter Company Power Agreement (Indiana Michigan Power Co)
Arbitration. 14.1 Except where otherwise provided for in the Contractwith regard to Paragraph 12.1 hereof and any other matters that are not a proper subject of arbitration, all questions and disputes relating to between the meaning parties hereto concerning the performance, breach, construction or interpretation of the specificationsthis Agreement or any portion thereof, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way manner arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment performance thereof, shall be referred submitted to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole binding arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms rules of the Contract. Such person American Arbitration Association, which arbitration shall be entitled carried out in the manner hereinafter set forth.
14.2 Within twenty (20) days after written notice by one party to proceed with the reference from other of its demand for arbitration, which demand shall set forth the stage at which his predecessor left itname and address of its arbitrator, the other party shall select its arbitrator and so notify the demanding party. It is also a terms Within twenty (20) days thereafter, the two arbitrators so selected shall select the third arbitrator. The decision of this Contract that no person other than a person appointed by such Chairman & Managing Director, any two (2) arbitrators shall be binding upon the parties. In default of either side naming its arbitrator as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount or in default of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, selection of the said third arbitrator shall give reasons for the award. Subject as aforesaid, the provisions American Arbitration Association shall designate such arbitrator upon the application of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the either party. The arbitration proceeding under this clause. It is shall take place at a term mutually agreeable location in Nassau County, New York or such other location as agreed to by the parties.
14.3 A party who files a notice of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration must assert in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation demand all claims then known to that the bill party on which arbitration is ready for acceptance of the Contractorpermitted to be demanded. When a party fails to include a claim through oversight, inadvertence or excusable neglect, or when a claim has matured or been acquired subsequently, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company arbitrators may permit amendment. A demand for arbitration shall be discharged made within a reasonable time after the claim has arisen, and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may no event shall it be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on made after the date he issues notice to both the parties fixing the date when institution of the first hearing. The venue of Arbitration shall legal or equitable proceedings based on such claim would be such place as may be fixed barred by the Arbitrator, in his sole discretion. applicable statute of limitations.
14.4 The award of rendered by the Arbitrator arbitrators shall be final, conclusive binding and binding conclusive, shall be specifically enforceable, and judgment may be entered upon it in accordance with applicable law in the appropriate court in the State of New York, with no right of appeal therefrom.
14.5 Each party shall pay its or his own expenses of arbitration, and the expenses of the arbitrators and the arbitration proceeding shall be equally shared; provided, however, that, if, in the opinion of a majority of the arbitrators, any claim or defense was unreasonable, the arbitrators may assess, as part of their award, all or any part of the parties arbitration expenses of the other party (including reasonable attorneys' fees) and of the arbitrators and the arbitration proceeding against the party raising such unreasonable claim or defense; provided, further, that, if the arbitration proceeding relates to this Contractthe issue of "cause" for termination of employment, (a) if, in the opinion of a majority of the arbitrators, "cause" existed, the arbitrators shall assess, as part of their award, all of the arbitration expenses of the Company (including reasonable attorneys' fees) and of the arbitrators and the arbitration proceeding against the Employee or (b) if, in the opinion of a majority of the arbitrators, "cause" did not exist, the arbitrators shall assess, as part of their award, all of the arbitration expenses of the Employee (including reasonable attorneys' fees) and of the arbitrators and the arbitration proceeding against the Company.
Appears in 4 contracts
Sources: Employment Agreement (Extech Corp), Employment Agreement (Extech Corp), Employment Agreement (Extech Corp)
Arbitration. The parties to this Agreement reserve the right to seek equitable relief from any court authorized to issue an injunction or extraordinary writ with respect to any breach or threatened breach of this agreement. Except where as so reserved, the parties shall submit any disputes arising under the terms of this Agreement to arbitration as set forth in this paragraph. Except as otherwise provided for in the Contractthis Agreement, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole decided by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms commercial rules and regulations of Judicial Arbitration and Mediation Services ("JAMS"), except to the extent such rules and regulations are inconsistent with the provisions of Section 20 of this document. All arbitration proceedings hereunder shall be conducted in Orange County California. The substantive law of the Contract. Such person State of California shall be entitled applied by the arbitrator to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount resolution of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, provided that the decision of the arbitrator shall give reasons be based upon the express terms, covenants and conditions of this Agreement. If the parties to the dispute agree on one arbitrator, the arbitration shall be conducted by such arbitrator. If the parties to the dispute do not so agree, they shall request JAMS to provide a list of three (3) potential arbitrators, each party shall notify JAMS of one (1) of the potential arbitrators on the list who is not acceptable to such party, and the potential arbitrator on the list who is not identified by the parties as unacceptable shall be the arbitrator who will conduct the arbitration. Each party to the dispute reserves the right to object to any individual arbitrator who is employed by or affiliated with another party. The parties to the dispute shall have the right to conduct discovery as specified for up to one month. Such discovery shall include the right to take depositions and subpoena witnesses. At the request of the Executive Director/CEO, arbitration proceedings shall be conducted in the utmost confidentiality. In such case, all documents, testimony and records shall be received, heard and maintained by the arbitrator in confidentiality under seal, available for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent inspection only of the parties enlarge to the time, for making dispute and publishing the awardtheir respective attorneys and experts who have agreed in advance in writing to receive and maintain all such information in confidence until such information becomes generally known. The decision arbitrator shall issue a written opinion of the Engineer-in-charge regarding the quantum arbitrator's findings of reduction as well as justification thereof in respect fact and conclusions of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationlaw. The arbitrator shall be deemed able to have entered on decree any and all relief of an equitable nature, including, without limitation, such relief as a temporary restraining order and a preliminary or permanent injunction, and shall also be able to award damages, with or without an accounting, and costs, except that the reference on prevailing party shall be entitled to its reasonable attorneys’ fees. The decrees or judgment of an award rendered by the date he issues notice to both arbitrators shall be binding upon the parties fixing the date and may be entered in any court having jurisdiction thereof. Reasonable notice of the first hearing. The venue time and place of Arbitration arbitration shall be given to all persons as required by law. Such persons and their authorized representative shall have the right to attend or participate in all the arbitration hearings in such place manner as may the law requires. Costs and expenses of arbitration shall be fixed borne by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractCharter School.
Appears in 4 contracts
Sources: Employment Agreement, Employment Agreement, Employment Agreement
Arbitration. Except where otherwise provided for in If either the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, Provider Party or the execution or failure Administrator Party wishes to execute pursue the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act Dispute as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that provided in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsSection 6.1, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability party shall submit it to act, shall appoint another person to act as arbitrator binding arbitration conducted in accordance with the terms Commercial Arbitration Rules of the ContractAmerican Arbitration Association (“AAA”). Such person In no event may any arbitration be initiated more than one (1) year following, as applicable, the end of the sixty (60) day negotiation period set forth in Section 6.1, or the date of notice of termination. Arbitration proceedings shall be entitled to proceed with the reference conducted by an arbitrator chosen from the stage National Healthcare Panel at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, mutually agreed upon location within the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationState. The arbitrator shall not award any punitive or exemplary damages of any kind, shall not vary or ignore the provisions of this Agreement, and shall be deemed bound by controlling law. The Parties, CCHN and the Contracted Providers, on behalf of themselves and those that they may now or hereafter represent, agree to and do hereby waive any right to pursue, on a class basis, any Dispute. Each of the Provider Party and the Administrator Party shall bear its own costs and attorneys’ fees related to the arbitration except that the AAA’s Administrative Fees, all Arbitrator Compensation and travel and other expenses, and all costs of any proof produced at the direct request of the arbitrator shall be borne equally by the applicable parties, and the arbitrator shall not have entered the authority to order otherwise. The existence of a Dispute or arbitration proceeding shall not in and of itself constitute cause for termination of this Agreement. Except as hereafter provided, during an arbitration proceeding, each of the Provider Party and the Administrator Party shall continue to perform its obligations under this Agreement pending the decision of the arbitrator. Nothing herein shall bar either the Provider Party or the Administrator Party from seeking emergency injunctive relief to preclude any actual or perceived breach of this Agreement, although such party shall be obligated to file and pursue arbitration at the earliest reasonable opportunity. Judgment on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as award rendered may be fixed by the Arbitrator, entered in his sole discretionany court having jurisdiction thereof. The award of the Arbitrator Nothing contained in this Article VI shall be final, conclusive and binding all the parties limit a Party’s right to terminate this ContractAgreement with or without cause in accordance with Section 7.2.
Appears in 4 contracts
Sources: Participating Provider Agreement, Participating Provider Agreement (Carolina Complete Health Network, Inc.), Participating Provider Agreement
Arbitration. Except where Any dispute, claim or controversy arising under or in connection with this Agreement or Executive’s employment hereunder or the termination thereof shall (except to the extent otherwise provided for in Section 4(D) with respect to injunctive relief) be settled exclusively by arbitration administered by the ContractAmerican Arbitration Association (the “AAA”) and carried out in Cleveland, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, Ohio. The arbitration shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms AAA’s Commercial Arbitration Rules in effect at the time of the Contractarbitration (the “AAA Rules”), except as modified herein. Such person There shall be entitled to proceed one arbitrator mutually selected by the Company and Executive, within thirty (30) days of receipt by respondent of the demand for arbitration. If the Company and Executive cannot mutually agree on an arbitrator within thirty (30) days, then an arbitrator shall be promptly appointed by the AAA in accordance with the reference from AAA Rules.
i. The arbitration hearings shall (except to the stage at which his predecessor left itextent otherwise reasonably provided by the arbitrator for good cause or as otherwise mutually agreed by the parties) commence within forty-five (45) days after the appointment of the arbitrator; the arbitration shall (except to the extent otherwise reasonably provided by the arbitrator for good cause or as otherwise mutually agreed by the parties) be completed within sixty (60) days of commencement of the hearings; and the arbitrator’s award shall be made within thirty (30) days following such completion.
ii. It The arbitrator may award any form of relief permitted under this Agreement and applicable law, including damages and temporary or permanent injunctive relief, except that the arbitral tribunal is also a not empowered to award damages in excess of compensatory damages, and each party hereby irrevocably waives any right to recover punitive, exemplary or similar damages with respect to any dispute. The arbitrator shall have no jurisdiction to vary the express terms of this Contract that no person other than a person appointed by such Chairman & Managing DirectorAgreement. The Company and Executive shall equally bear all costs, as aforesaid should act as arbitrator fees and if for any reasonexpenses of the arbitration, provided, however, that is not possible, each party shall bear its own attorney’s fees. The arbitrator may award attorney’s fees. The award shall be in writing and shall state the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award.
iii. The decision of rendered by the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would not binding on the parties and may be open to arbitrationentered in any court of competent jurisdiction. The arbitrator shall be deemed parties waive, to have entered on the reference on fullest extent permitted by law, any rights to appeal to, or to seek review of such award by, any court. The parties further agree to obtain the date he issues notice arbitral tribunal’s agreement to both preserve the parties fixing the date confidentiality of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractarbitration.
Appears in 4 contracts
Sources: Restrictive Covenants Agreement (Sotera Health Co), Restrictive Covenants Agreement (Sotera Health Co), Restrictive Covenants Agreement (Sotera Health Co)
Arbitration. Except where otherwise provided for in It shall be the Contract, all questions and disputes relating to the meaning function of the specificationsarbitrator, designsand he/she shall be empowered, drawings and instructions herein before mentioned and except as his/her powers are limited below, after due investigation, to the quality make a decision in cases of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress alleged violation of the work specific articles and sections of this Agreement. The Arbitrator:
a. Shall have no power to add to, subtract from, disregard, alter or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or modify any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that agreement.
b. Shall have no person other than a person appointed by such Chairman & Managing Directorpower to establish salary schedules or fringe benefits or change any salary schedules or fringe benefits.
c. Shall have no power to rule on any prohibited subjects of bargaining.
d. His/her powers shall be limited to deciding whether the District or the MABA or the building administrator has violated the express written articles or sections of this Agreement, and shall not imply obligations and conditions binding upon the District or the MABA from this agreement.
e. There shall be no appeal from an arbitrator’s decision, if within the scope of his/her authority, as aforesaid should act as arbitrator and if for any reasonset forth above. It shall be binding on the MABA, that is not possibleits building administrators, the matter employee or employees involved, and the District.
f. The fees and expenses of the arbitrator shall be shared equally by the District and the MABA. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other.
g. All grievances must be filed in writing within five (5) working days from the time the member knew or should have known that the alleged violation had occurred. The District shall not be required to pay back wages more than five (5) days prior to the date a grievance is not filed.
1. All claims for back compensation shall be limited to be referred to arbitration at all. In all cases where the amount of wages that the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovebuilding administrator would otherwise have earned, less any compensation that he/she may have received from any source during the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions period of the Arbitration Act, 1940 or back pay claim.
2. No decision in any statutory modification or re-enactment thereof and the rules made there under and for the time being one case shall require a retroactive wage adjustment in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractother case.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise 1. If the grievance has not been satisfactorily resolved within the grievance procedure, the Association may request a review by an impartial arbitrator, provided such request is filed in writing with the Director of Labor Relations no later than fourteen (14) calendar days after the rendering of the decision, by the Director of the Department or designee. Upon receipt of a timely written request, the Director of Labor Relations will set forth in motion the necessary machinery to schedule the arbitration hearing. Matters that are not subject to review as grievances are non-arbitrable and shall not be scheduled for in arbitration.
2. The Parties to this Agreement will attempt to mutually agree upon an independent arbitrator. If this cannot be done, a panel or panels will be immediately requested from the Contract, all questions and disputes relating American Arbitration Association. Requests for arbitration shall not be unduly delayed.
3. The arbitration shall be conducted under the labor rules of the American Arbitration Association. Subject to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovefollowing, the arbitrator shall give reasons for the award. Subject have jurisdiction and authority to decide a grievance as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof defined and the rules made there under and for the time being submitted in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAgreement. The arbitrator shall have no authority to change, amend, add to, subtract from, ignore, modify, nullify, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is not a grievance as defined in this Agreement and his authority shall be deemed limited to the interpretation of the terms of this Agreement.
4. The arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing.
5. At the request of either party there shall be a certified court reporter at the hearing.
6. The parties shall bear equally the expenses and fees of the mutually agreed upon court reporter, the expenses and fees of the arbitrator and all other expenses connected with a hearing. Each party shall bear the expense of its own witnesses, representatives, attorneys and all other individual expenses. Employees required to testify will be made available, however, whenever possible, they shall be placed on call to minimize time lost from work. Employees who have entered on completed their testimony shall return to work unless they are the reference on grievant or are directly required to assist the date he issues notice to both principal Association Representative in the conduct of the case. In class grievances, the class shall be represented by the Association President. The intent of the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretionis to minimize time lost from work.
7. The award of the Arbitrator arbitrator shall be final, conclusive final and binding all when made in accordance with the parties jurisdiction and authority of this Agreement. The arbitrator shall make his award within 30 days of the close of the hearing and shall promptly furnish copies to this Contractboth parties.
8. Matters excluded from the Grievance Procedure under Article 7, Section 3, shall be excluded from Arbitration.
Appears in 4 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided for The parties shall endeavor to settle all disputes by ----------- amicable negotiations. Any claim, dispute, disagreement or controversy that arises among the parties relating to this Option Agreement (excluding enforcement by the Company of its rights under the Agreement Not to Compete) that is not amicably settled shall be resolved by arbitration, as follows:
(a) Any such arbitration shall be heard in the ContractDistrict of Columbia, before a panel consisting of one (1) to three (3) arbitrators, each of whom shall be impartial. Except as the parties may otherwise agree, all questions arbitrators shall be appointed in the first instance by the appropriate official in the District of Columbia office of the American Arbitration Association or, in the event of his or her unavailability by reason of disqualification or otherwise, by the appropriate official in the New York City office of the American Arbitration Association. In determining the number and disputes relating appropriate background of the arbitrators, the appointing authority shall give due consideration to the meaning of the specificationsissues to be resolved, designs, drawings and instructions herein before mentioned and but his or her decision as to the quality number of workmanship or materials used on the work or arbitrators and their identity shall be final. Except as to any other questionotherwise provided in this Section 25, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress all of the work or after the completion or abandonment thereof, arbitration proceedings shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms rules of the Contractarbitrators.
(b) An arbitration may be commenced by any party to this Option Agreement by the service of a written request for arbitration upon the other affected parties. Such person request for arbitration shall summarize the controversy or claim to be arbitrated, and shall be entitled referred by the complaining party to proceed with the reference from appointing authority for appointment of arbitrators ten (10) days following such service or thereafter. If the stage at which his predecessor left itpanel of arbitrators is not appointed by the appointing authority within thirty (30) days following such reference, any party may apply to any court within the District of Columbia for an order appointing arbitrators qualified as set forth below.
(c) All attorneys' fees and costs of the arbitration shall in the first instance be borne by the respective party incurring such costs and fees, but the arbitrators shall have the discretion to award costs and/or attorneys' fees as they deem appropriate under the circumstances. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amount that in any way reflects punitive damages.
(d) Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(e) It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 25 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the views or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time disclosed to time with consent of the parties enlarge the third persons at any time, for making and publishing except to the award. The decision of the Engineer-in-charge regarding the quantum of reduction extent necessary to enforce an award or judgment or as well as justification thereof required by law or in respect of rates for substandard work, which may be decided response to be accepted, will be final and would not be open to legal process or in connection with such arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 4 contracts
Sources: Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co), Stock Option Agreement (Corporate Executive Board Co)
Arbitration. Except where otherwise provided for in (a) If the Contract, all questions and disputes relating parties are unable to resolve any dispute arising under this Agreement within sixty (60) days following the date one party sent written notice of the Dispute to the meaning of the specificationsother party, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if either party wishes to pursue the Chairman and Managing Director is unable or unwilling dispute, it shall thereafter be submitted to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator binding arbitration in accordance with the terms Commercial Dispute Procedures of the ContractAmerican Arbitration Association, as they may be amended from time to time (see ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇). Such person Unless otherwise agreed to in writing by the parties, the party wishing to pursue the dispute must initiate the arbitration within one (1) year after the date on which notice of the dispute was given or shall be entitled deemed to proceed with have waived its right to pursue the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for dispute in any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandforum.
(b) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the Any arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company Agreement shall be discharged and released of all liabilities under the Contract conducted in respect of these claimsRhode Island. The arbitrator(s) may from time construe or interpret but shall not vary or ignore the terms of this Agreement and shall be bound by controlling law. The arbitrator(s) shall have no authority to time award punitive, exemplary, indirect or special damages, except in connection with consent a statutory claim that explicitly provides for such relief.
(c) The parties expressly intend that any dispute relating to the business relationship between them be resolved on an individual basis so that no other dispute with any third party(ies) may be consolidated or joined with the dispute related to this Agreement. The parties agree that any arbitration ruling by an arbitrator allowing class action arbitration or requiring consolidated arbitration involving any third party(ies) would be contrary to their intent and would require immediate judicial review of the parties enlarge the time, for making and publishing the award. such ruling.
(d) The decision of the Engineer-in-charge regarding arbitrator(s) on the quantum of reduction as well as justification thereof points in respect of rates for substandard workdispute will be binding, which and judgment on the award may be decided to be accepted, will be final and would not be open to entered in any court having jurisdiction thereof. The parties acknowledge that because this Agreement affects interstate commerce the Federal Arbitration Act applies.
(e) In the event any court determines that this arbitration. The arbitrator shall be deemed procedure is not binding or otherwise allows litigation involving a dispute to have entered on the reference on the date he issues notice to both proceed, the parties fixing hereby waive any and all right to trial by jury in, or with respect to, such litigation. Such litigation would instead proceed with the date judge as the finder of fact. This Section shall govern any dispute between the parties arising before or after execution of this Agreement and shall survive any termination of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAgreement.
Appears in 3 contracts
Sources: Health Services Agreement, Health Services Agreement, Health Services Agreement
Arbitration. Except where otherwise provided for (A) Any dispute or disagreement arising between the Parties in connection with any interpretation of any provision of the Contract, all questions and disputes relating to or the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship compliance or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksnon-compliance therewith, or the execution validity or failure enforceability thereof, or any other dispute under any Article hereof which is not settled to execute the same, whether arising during the progress mutual satisfaction of the work Parties within thirty (30) Days (or after such longer period as may be mutually agreed) from the completion date that either Party informs the other in writing that such dispute or abandonment thereofdisagreement exists, shall be referred to settled by arbitration administered by the sole American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Large, Complex Disputes in effect on the date that such notice is given, except as otherwise specified herein.
(B) The Party which demands arbitration of the Chairman & Managing Director controversy shall in writing specify the matter to be submitted to arbitration, and at the same time, choose and nominate an arbitrator; thereupon, within fifteen (15) Days after receipt of Uranium Corporation such written notice, the other Party shall in writing choose and nominate a second arbitrator. The two arbitrators so chosen shall forthwith select a third arbitrator, giving written notice to both Parties of India Limitedthe choice so made and fixing a time and place in New York City, Jaduguda at which both Parties may appear and be heard with respect to such controversy. In case the two arbitrators shall fail to agree upon a third arbitrator within a period of seven (7) Days, or if for any other reason there shall be a lapse in the Chairman and Managing Director is unable naming of an arbitrator or unwilling arbitrators, or in the filling of a vacancy, or in the failure or refusal of any arbitrator or arbitrators to act attend or fulfill his or their duties, then upon application by either Party to the sole arbitrationcontroversy, of some other person appointed arbitrators shall be named by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator American Arbitration Association in accordance with its Arbitration Rules. The arbitrators shall control discovery as they shall determine is appropriate in the circumstances, taking into account the needs of the Parties and the desirability of having the discovery take place in an expeditious and cost-effective manner. Any discovery shall be limited to information directly relevant to the controversy or claim in arbitration and shall be concluded within ninety (90) Days after the arbitrators are appointed, unless good cause for an extension of such deadline is shown.
(C) The arbitrators shall not alter or modify the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms and conditions of this Contract that no person other than but shall consider the pertinent facts and circumstances and be guided by the terms and conditions of this Contract. If a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that solution is not possiblefound in the terms and conditions of this Contract, the matter is not to arbitrators shall be referred to arbitration at all. In all cases where guided by the amount substantive laws of the claim in dispute is RsState of New York, excluding all conflict of law rules. 50,000/-(Rupees Fifty Thousand) The arbitration award made shall be final and abovebinding upon the Parties, their successors and assignees, and judgment may be entered thereon, upon the application of either Party, by any court having jurisdiction. Each Party shall bear the cost of preparing and presenting its case including its own attorneys’ fees; and the cost of arbitration, including the fees and expenses of the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be acceptedarbitrators, will be final and would not be open to arbitration. shared equally by the Parties.
(D) The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as relief that may be fixed awarded by the Arbitrator, arbitrators under any arbitration arising from this Contract may not exceed actual compensatory damages. In no event may the arbitrators award punitive damages or otherwise disregard the limitations of liability set forth in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Sources: Contract for the Construction of the Globalstar Satellite (Globalstar, Inc.), Contract for the Construction of the Globalstar Satellite (Globalstar, Inc.), Construction Contract (Globalstar, Inc.)
Arbitration. Except where otherwise provided 1. On the written demand of either party there shall be submitted to arbitration (the procedure for in the Contract, which is set forth below) all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating the application of this Agreement, provided, however, that nothing in this Agreement shall obligate the Employer to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arbitrate any issue arising during the progress out of the Employer’s sole responsibility to determine the size and composition of its staff, assignment or reassignment, promotion or demotion of personnel, including correspondents, within the Employer’s office or offices in the same city or town as long as the employee’s salary and classification are not changed; provided further, however, this does not preclude arbitration of disputes which may arise under Article 8 insofar as that article relates to “no imposition of any unreasonable amount or type of work on any employee,” or under Article 6, Section 3.
2. No grievance or dispute may be submitted to arbitration more than 45 days after the completion or abandonment thereofwritten notice of denial on the national grievance level (as described in Article 4, Section 4). In no case, however (rules of the American Arbitration Association notwithstanding), shall an arbitrator be referred appointed to rule on the sole arbitration issue of arbitrability of any matter arising out of the Chairman & Managing Director application of Uranium Corporation of India Limited, Jaduguda and this Agreement if the Chairman and Managing Director demand for arbitration is unable or unwilling to act to filed after the sole arbitrationabove time limit is expired. This time limit may be extended by mutual consent.
3. In the event either party raises an issue of arbitrability, of some other person appointed by excepting the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that stipulation in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms Section 2 of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovearticle, the arbitrator appointed shall give reasons for first rule on the award. Subject as aforesaid, arbitrability issue before proceeding to determine the provisions merits of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and dispute if he/she determines the rules made there under and for the time being in force, shall apply the arbitration proceeding issue to be arbitrable.
4. A grievance under this clause. It is a term article shall be submitted for arbitration only by written notice from the complaining party setting forth the grounds of the Contract that the party invoking complaint. Such arbitration shall specify be conducted according to the dispute or disputes to be referred to voluntary labor arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term rules of the Contract that if American Arbitration Association, excepting the Contractor does not make any demand for arbitration stipulations in respect Sections 2 and 3 of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardthis article. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof arbitrator in respect of rates for substandard work, which may be decided to be accepted, will any such arbitration shall be final and would not binding, and the expenses of such arbitration shall be open borne equally by the parties, except that no party shall be obligated to arbitrationpay any part of the cost of a stenographic transcript without express consent.
5. All arbitration demands shall be filed with and administered by the New York City office of the American Arbitration Association. The arbitrator Association shall provide the parties with a panel of qualified arbitrators from that location and office. After discussion, the parties shall determine the most appropriate and efficient location for the hearing. In the absence of agreement, the hearing shall be deemed to have entered on conducted in the reference on city that serves as the date he issues notice to both control bureau for the parties fixing location where the date grievance arose. Any subsequent days of the first hearing. The venue of Arbitration hearing shall be such place as may be fixed conducted on an alternating basis between the location preferred by the Arbitrator, in his sole discretion. The award of Guild and the Arbitrator shall be final, conclusive and binding all location preferred by the parties to this ContractEmployer.
Appears in 3 contracts
Sources: Technology Unit Agreement, Editorial Unit Agreement, Editorial Unit Agreement
Arbitration. Except where otherwise provided for If any dispute or controversy arises under or in connection with this Agreement, is not resolved within a commercially reasonable time not to exceed sixty (60) days, then such dispute or controversy shall be settled exclusively by arbitration, conducted before a single neutral arbitrator at a location mutually agreed between the Contract, all questions Company and disputes relating to Executive within the meaning state of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as Company’s headquarters at such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator time in accordance with the terms Employment Arbitration Rules & Procedures of JAMS (“JAMS”) then in effect, in accordance with this Section 13(h), except as otherwise prohibited by any nonwaivable provision of applicable law or regulation. The parties hereby agree that the Contractarbitrator shall construe, interpret and enforce this Agreement in accordance with its express terms, and otherwise in accordance with the governing law as set forth in Section 13(a). Such person Judgment may be entered on the arbitration award in any court having jurisdiction, provided, however, that the either Party shall be entitled to proceed with seek a restraining order or injunction in any court of competent jurisdiction to prevent any continuation of any violation of the reference from the stage at which his predecessor left it. It is also a terms provisions of this Contract Agreement and Executive hereby consents that such restraining order or injunction may be granted without requiring the other Party to post a bond. Unless the parties otherwise agree, only individuals who are on the JAMS register of arbitrators shall be selected as an arbitrator. Additionally, except upon showing of cause each party shall have the right to propound no person more than 10 special interrogatories and requests for admission, and to take the deposition of one individual and any expert witness designated by the other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allparty. In all cases where the amount Within 20 days of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveconclusion of the arbitration hearing, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions prepare written findings of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof fact and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clauseconclusions of law. It is a term of the Contract mutually agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The written decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workarbitrator shall be valid, which may be decided to be acceptedbinding, will be final and would not enforceable by any court of competent jurisdiction. In the event action is brought pursuant to this Section 13(h), the arbitrator shall have authority to award fees and costs to the prevailing party, in accordance with applicable law. If in the opinion of the arbitrator there is no prevailing party, then each party shall pay its own attorney’s fees and expenses. Both Executive and the Company expressly waive their right to a jury trial. Nothing in this subsection shall be open construed as precluding the bringing of an action for injunctive relief or specific performance as provided in this Agreement. This dispute resolution process and any arbitration hereunder shall be confidential and neither any Party nor the arbitrator shall disclose the existence, contents or results of such process without the prior written consent of all Parties, except where necessary or compelled in a Court to enforce this arbitration provision or an award from such arbitration or otherwise in a legal proceeding. Notwithstanding the foregoing, Executive and the Company each have the right to resolve any issue or dispute over intellectual property rights by Court action instead of arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date Company may also enjoin by Court action any breach of the first hearing. The venue of Arbitration shall be such place Sections 5-6 or 7 as may be fixed permitted by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractSection 8.
Appears in 3 contracts
Sources: Employment Agreement (DENTSPLY SIRONA Inc.), Employment Agreement (Dentsply International Inc /De/), Employment Agreement (Sirona Dental Systems, Inc.)
Arbitration. Except where otherwise provided for (a) In the event of any dispute, a party may seek conciliation proceedings. The conciliation proceedings will be in accordance with the ContractArbitration and Conciliation Act, all questions 1996 and the rules made there under read in conjunction with Amendment Act 2015 and any statutory modification thereof.
(b) The standard clause of arbitration is enumerated below :-
(i) All disputes relating to or differences arising out of or in connection with the meaning present contract including the one connected with the validity of the specificationspresent contract or any part thereof should be settled by bilateral discussions.
(ii) Any dispute, designs, drawings and instructions herein before mentioned and as to the quality disagreement of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way question arising out of or relating to this contract or relating to construction or performance (except as to any matter the Contractdecision or determination whereof is provided for by these conditions), designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofwhich cannot be settled amicable, shall within sixty (60) days or such longer period as may be mutually agreed upon, from the date on which either party informs the other in writing by a notice that such dispute, disagreement or question exists, will be referred to as sole Arbitrator.
(iii) Within sixty (60) days of the receipt of the said notice, an arbitrator of the rank of serving Lt Col and above shall be nominated in writing by the contract sanctioning or authority agreed upon by the parties. The award of the arbitrator shall be final and binding on the parties to this contract.
(iv) The venue of the arbitration shall be the location of the HoD/ Buyer/ Consignee or such other place that the Officer sanctioning the contract or arbitrator at his discretion may determine.
(v) The arbitration proceedings shall be conducted under the Indian Arbitration and Conciliation Act, 1996 and the rules made there under read in conjunction with Amendment Act 2015 and any statutory modification thereof.
(vi) Each party shall bear its own cost of preparing and presenting its case. The cost of arbitration including the fees and expenses shall be shared equally by the parties, unless otherwise awarded by the sole arbitration arbitrator.
(vii) The parties shall continue to perform their respective obligations under this contract during the pendency of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act arbitration proceedings except in so far as such arbitrator. There will be no objection if obligations are the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any subject matter of the matters in dispute or difference. The said arbitration proceedings.
(viii) In the event of the arbitrator to whom the matter is originally referred being transferred denying, neglecting or vacating his office refusing to act or resigning or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint including transfer to another person to act as arbitrator in accordance with place or his award being set aside by the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if court for any reason, it shall be lawful for the contract sanctioning officer to appoint another arbitrator in place of outgoing arbitrator in the matter aforesaid.
(ix) It will be no objection that the arbitrator is a Government servant provided that such arbitrator had not been associated with a dispute or difference in question nor had expressed his views on any of the matter in such dispute or difference.
(x) The arbitrator may from time to time without the consent of the parties to the contract but with the approval of competent financial authority choose to enlarge the time of making award.
(xi) The arbitrator shall state the reason upon which the award is based irrespective of the amount involved.
(xii) The parties shall not initiate during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is not possiblethe subject matter or the conciliation proceedings except that a party may initiate arbitral or judicial proceedings where, the matter is not in his/their opinion, such proceedings are necessary for preserving his/their rights.
(xiii) Any dispute/ clarification with regard to any clause of arbitration shall be referred to arbitration at all. In all cases where the amount of the claim resolved in dispute is Rs. 50,000/-(Rupees Fifty Thousand) accordance with Indian Arbitration and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Conciliation Act, 1940 or any statutory modification or re-enactment thereof 1996 and the rules made there under read in conjunction with Amendment Act 2015 and for any statutory modification thereof. (Note – In the time being in force, shall apply the arbitration proceeding under this clause. It is a term event of the Contract that parties deciding to refer the dispute/s for adjudication to an Arbitral Tribunal then one arbitrator each will be appointed by each party invoking arbitration shall specify and the dispute or disputes to case will be referred to arbitration under the clause together with the amount Indian Council of Arbitration (ICADR) for amounts claimed in respect of each such dispute. It is also a term nomination of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance third arbitrator. The fees of the Contractor, arbitrator appointed by the claim parties shall be borne by each party and the fees of the Contractor will be deemed to have been waived and absolutely barred and the company third arbitrator, if appointed, shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed equally shared by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive buyer and binding all the parties to this Contractseller.
Appears in 3 contracts
Sources: Contract for Supply of Refined Iodized Salt, Contract for Supply of Refined Iodized Salt, Contract for Supply of Refined Iodized Salt
Arbitration. Except where otherwise (a) In the event the answer at Step Two of the Grievance Procedure does not resolve the grievance, the Union may appeal the grievance to arbitration by filing a Demand for Arbitration with the American Arbitration Association no later than thirty (30) calendar days after the Union's Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ receives the Employer's answer at Step Two. Concurrent notification of such appeal shall be provided for in the Contract, all questions and disputes relating to the meaning County's Human Resources Director. Notification to the County's Human Resources Director shall be subject to the same time limitations set forth for filing with the American Arbitration Association and shall include a copy of the specifications, designs, drawings Union's Demand for Arbitration and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress identification of the work or after grievance, the completion or abandonment thereof, shall be referred to issue(s) and the sole arbitration provisions of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if Agreement involved. If the Chairman and Managing Director grievance is unable or unwilling not submitted to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Arbitration in accordance with the terms procedure and time limits herein provided, the Step Two disposition of the Contract. Such person grievance shall be entitled to proceed final. Selection of the arbitrator and the arbitration hearing shall be governed by the Voluntary Labor Arbitration Rules of the American Arbitration Association in effect at the time the Union's Demand for Arbitration is filed with the reference Association. The arbitrator shall have the authority to issue a subpoena for a witness to attend the arbitration hearing. Grievances shall be arbitrated separately unless otherwise agreed in writing between the Employer and the Union. The fees and approved expenses of the arbitrator shall be shared equally by the Union and the Employer. Each party shall be responsible for compensating its own representatives and witnesses. The cost (if any) of any room or other facility needed for the arbitration shall be shared equally by the Employer and the Union. All hearings shall be held at a mutually agreeable site. Employee witnesses, except the grievant and Chief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇, who are scheduled to work on the day of an arbitration hearing, shall be excused from work only to testify and shall return to work immediately thereafter. The grievant(s) and the stage at which his predecessor left itChief ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇ shall be excused from work to attend the entire arbitration hearing and shall return to work immediately thereafter. It is also a The arbitrator shall have authority to hear and determine any grievance involving the application or interpretation of the express terms or conditions of this Contract that no person other than a person appointed by such Chairman & Managing DirectorAgreement, as aforesaid should act as arbitrator provided the grievance has been processed timely through the Grievance Procedure and if for any reason, that is not possible, the matter is not to be referred to arbitration at allproperly before him. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovefulfilling his duties under this Agreement, the arbitrator shall give reasons for have authority to apply and interpret the awardexpress terms or conditions of this Agreement but shall not have the authority to add to, subtract from, or modify this Agreement or resolve any dispute under any section of this Agreement which is expressly excluded from arbitration, or imply a provision which is not otherwise specifically provided herein. Subject as aforesaidIf the arbitrator issues his decision within his jurisdiction, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and binding upon the employee(s), the Union, and the Employer. No claim for back wages shall exceed the amount of wages the employee would otherwise have earned at his base rate as set forth in Appendix A, less any unemployment or other money including any compensation he may have received from any source of employment (not previously approved in writing as supplemental employment by the Employer) during the period in question.
(b) Grievances processed to arbitration may be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date withdrawn only upon written agreement of the first hearing. The venue of Arbitration shall be such place as may be fixed by Employer and the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractUnion.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided for (a) Any dispute or controversy arising under or in connection with this Agreement or Executive's employment relationship with Company, irrespective of whether this Agreement or Executive's employment relationship with Company has terminated, will be settled exclusively by binding arbitration to be held in the Contract, all questions metropolitan area in which Executive is then employed and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms National Rules for the Resolution of Employment Disputes of the ContractAmerican Arbitration Association ("AAA"), or the corresponding rules of such other entity as may be mutually agreed upon by the parties, as then in effect.
(b) After either party submits a request for arbitration, AAA or such other entity mutually agreed upon by the parties (either, hereinafter referred to as the "ADR Entity"), the ADR Entity will be requested to appoint a single, neutral arbitrator from a panel of former or retired judges, within ten business days after such request, to preside over the arbitration and resolve the dispute. Such person The parties agree to raise any objections to such appointment within ten business days after it is made and to limit those objections to the arbitrator's actual conflict of interest. The ADR Entity, in its sole discretion, will determine within ten business days the validity of any objection to the appointment of the arbitrator based on the arbitrator's actual conflict of interest. The arbitrator will be directed to render a full decision on all issues properly before the arbitrator within 60 days after being appointed to serve as arbitrator, unless the parties otherwise agree in writing or the arbitrator makes a finding that a party has carried the burden of showing good cause for a longer period.
(c) The parties will use their best efforts to cooperate with each other in causing the arbitration to be held in as efficient and expeditious a manner as practicable, including but not limited to, providing such documents and making available such of their personnel and agents as the arbitrator may request. The parties direct the arbitrator to take into account their stated goal of expedited proceedings in determining whether to authorize discovery and, if so, the scope of permissible discovery and other hearing and pre-hearing procedures.
(d) The arbitrator will not have the authority to add to, detract from or modify any provision of this Agreement or to award punitive damages to any injured party. Judgment may be entered on the arbitrator's award in any court having jurisdiction. Company will bear all expenses of any such arbitration proceeding, except that each party will bear its own counsel fees unless the arbitrator decides to award counsel fees to one of the parties.
(e) Notwithstanding the foregoing, each party shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person seek injunctive or other than a person appointed by such Chairman & Managing Directorequitable relief, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandcontemplated by SECTION 12(F) and above, from any court of competent jurisdiction, without the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes need to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open resort to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Sources: Employment Agreement (Fti Consulting Inc), Employment Agreement (Fti Consulting Inc), Employment Agreement (Fti Consulting Inc)
Arbitration. Except where otherwise provided for The parties shall endeavor to settle all disputes by amicable negotiations. Any claim, dispute, disagreement or controversy that arises among the parties relating to this Agreement that is not amicably settled shall be resolved by arbitration, as follows:
(a) Any such arbitration shall be heard in the ContractDistrict of Columbia, all questions before a panel consisting of one arbitrator, who shall be impartial. Except as the parties may otherwise agree, the arbitrator shall be appointed in the first instance by the appropriate official in the District of Columbia office of the American Arbitration Association or, in the event of his or her unavailability by reason of disqualification or otherwise, by the appropriate official in the New York City office of the American Arbitration Association. In determining the number and disputes relating appropriate background of the arbitrator, the appointing authority shall give due consideration to the meaning of the specificationsissues to be resolved, designs, drawings and instructions herein before mentioned and but his or her decision as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress identity of the work or after the completion or abandonment thereof, arbitrator shall be referred to the sole arbitration final. Except as otherwise provided in this Section 12, all of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will arbitration proceedings shall be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms rules of the Contractarbitrator.
(b) An arbitration may be commenced by any party to this Agreement by the service of a written request for arbitration upon the other affected parties. Such person request for arbitration shall summarize the controversy or claim to be arbitrated, and shall be referred by the complaining party to the appointing authority for appointment of arbitrator ten days following such service or thereafter. If the arbitrator is not appointed by the appointing authority within 30 days following such reference, any party may apply to any court within the District of Columbia for an order appointing an arbitrator qualified as set forth below.
(c) The prevailing party in any arbitration under this Section 12 shall be entitled to proceed with the reference reimbursement from the stage at which his predecessor left itlosing party of all reasonable attorneys’ fees and costs in connection with such arbitration. The parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amount that in any way reflects punitive damages.
(d) Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(e) It is also a terms of this Contract intended that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 controversies or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred claims submitted to arbitration under this Section 12 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the views or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time disclosed to time with consent of the parties enlarge the third persons at any time, for making and publishing except to the award. The decision of the Engineer-in-charge regarding the quantum of reduction extent necessary to enforce an award or judgment or as well as justification thereof required by law or in respect of rates for substandard work, which may be decided response to be accepted, will be final and would not be open to legal process or in connection with such arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Sources: Employment Agreement (Advisory Board Co), Employment Agreement (Advisory Board Co), Employment Agreement (Advisory Board Co)
Arbitration. Except where otherwise provided for If the Senior Managements are not able to resolve such dispute referred to them under Section 11.2 within such [***] day period, then such dispute shall be resolved by final and binding arbitration as follows: The Parties shall select a mutually agreeable arbitrator who has significant relevant experience in the Contract, all questions and disputes relating to the meaning subject matter of the specifications, designs, drawings disputed issue and instructions herein before mentioned and as to no affiliation or pre-existing relationship with either Party. If the quality of workmanship or materials used Parties cannot agree on an arbitrator within [***] days after the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress end of the work [***] day period referred in Section 11.2 (or with respect to a Disputed Matter described in Section 11.4, after referral by a Party of such Disputed Matter to arbitration), either Party may request the completion or abandonment thereofJudicial and Mediation Services (“JAMS”) in San Francisco, shall be referred CA to the sole arbitration appoint an arbitrator on behalf of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Parties in accordance with the terms commercial arbitration rules of JAMS, and the Contract. Such person proceeding shall be entitled conducted in accordance with JAMS rules. The arbitrator may decide any issue as to proceed with whether, or as to the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorextent to which, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rssubject to the arbitration and other dispute resolution provisions in this Supply Agreement. 50,000/-(Rupees Fifty Thousand) and above, The arbitrator must base the arbitrator shall give reasons for the award. Subject as aforesaid, award on the provisions of this Supply Agreement and must render the Arbitration Actaward in a writing which must include an explanation of the reasons for such award. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The arbitrator’s fees and expenses shall be shared equally by the Parties, 1940 unless the arbitrator in the award assesses such fees and expenses against one of the Parties or allocates such fees and expenses other than equally between the Parties. Each Party shall bear and pay its own expenses incurred in connection with any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding dispute resolution under this clauseSection 11.3. It Notwithstanding the foregoing, either Party shall have the right, without waiving any right or remedy available to such Party under this Supply Agreement or otherwise, to seek and obtain from any court of competent jurisdiction any interim or provisional relief that is a term necessary or desirable to protect the rights or property of such Party, pending the selection of the Contract that arbitrator hereunder or pending the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The arbitrator’s decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open dispute subject to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Sources: Supply Agreement (Vaxcyte, Inc.), Supply Agreement (Vaxcyte, Inc.), Supply Agreement (SutroVax, Inc.)
Arbitration. Except where otherwise provided as set forth in Section 3.1, any disputes arising under or in connection with this Agreement, including, without limitation, those involving claims for in specific performance or other equitable relief, will be submitted to binding arbitration under the Contract, all questions and disputes relating to the meaning Commercial Arbitration Rules of the specificationsAmerican Arbitration Association (the "AAA Rules") under the authority of federal and state arbitration statutes, designs, drawings and instructions herein before mentioned and as to shall not be the quality subject of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever litigation in any way arising out of or relating to forum. EXCEPT AS SET FORTH IN SECTION 3.1, EACH PARTY, BY SIGNING THIS AGREEMENT, VOLUNTARILY, KNOWINGLY AND INTELLIGENTLY WAIVES ANY RIGHTS SUCH PARTY MAY OTHERWISE HAVE TO SEEK REMEDIES IN COURT OR OTHER FORUMS, INCLUDING THE RIGHT TO JURY TRIAL. The arbitration will be conducted only in Denver, Colorado, before a single arbitrator from the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress staff of the work or after the completion or abandonment thereofJudicial Arbiter Group, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed Inc. ("JAG") selected by the Chairman & Managing Directorparties to such arbitration (or, willing to act as such arbitrator. There will be if JAG is no objection if longer in existence, before a single arbitrator selected by the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator parties in accordance with the terms AAA Rules) or, if they are unable to agree on an arbitrator, before a panel of three arbitrators selected from the Contract. Such person shall be entitled to proceed staff of JAG (or, if JAG is no longer in existence, before a panel of three arbitrators selected in accordance with the reference from AAA Rules), one selected by the stage at which his predecessor left itEmployee, one selected by the Employer and the third selected by the other two arbitrators. It is also a The arbitrators shall have full authority to order specific performance and award damages and other relief available under this Agreement or applicable law, but shall have no authority to add to, detract from, change or amend the terms of this Contract that no person other than a person appointed Agreement (except as otherwise contemplated by such Chairman & Managing DirectorSection 3.5) or existing law. All arbitration proceedings, as aforesaid should act as arbitrator including settlements and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in forceawards, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardconfidential. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, arbitrators will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered binding, and judgment on the reference on award by the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as arbitrators may be fixed by the Arbitrator, entered in his sole discretionany court of competent jurisdiction. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractTHIS SUBMISSION AND AGREEMENT TO ARBITRATE WILL BE SPECIFICALLY ENFORCEABLE.
Appears in 3 contracts
Sources: Nonqualified Stock Option Agreement (Rentx Industries Inc), Nonqualified Stock Option Agreement (Rentx Industries Inc), Nonqualified Stock Option Agreement (Rentx Industries Inc)
Arbitration. Except where otherwise provided The sole and exclusive method for resolving all disputes under, arising out of, related to, or in connection with this Agreement shall be binding arbitration in New York, New York, in a proceeding administered by the ContractNew York, all questions and disputes relating to the meaning New York Office of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator American Arbitration Association (“AAA”) in accordance with the terms Commercial Dispute Resolution and Procedures of the ContractArbitration Rules of the AAA (the “Rules”). Such person The arbitration shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also conducted by a terms of this Contract that no person other than a person single arbitrator jointly appointed by such Chairman & Managing Directorthe parties; provided, as aforesaid should act as arbitrator and if for any reasonhowever, that is not possible, if the matter is not parties fail after good faith negotiation to be referred to arbitration at all. In all cases where agree on the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousandarbitrator within thirty (30) and abovedays after one party’s call for arbitration, the arbitrator shall give reasons be appointed by the AAA in accordance with the Rules. Disputes about arbitration procedure shall be resolved by the arbitrator. The arbitrator may proceed to an award notwithstanding the failure of either party to participate in the proceedings. Discovery shall be limited to mutual exchange of documents relevant to the dispute, controversy or claim; more than two depositions per party shall not be permitted unless the parties otherwise agree or unless compelling need is demonstrated to the arbitrator. The arbitrator shall be authorized to grant interim relief, including to prevent the destruction of goods or documents involved in the dispute and to provide for the security for a prospective monetary award. Subject as aforesaid, The arbitrator shall render his decision within thirty (30) days following the provisions date of the Arbitration Actinitial evidentiary hearing and shall set forth a statement of facts, 1940 or his conclusions of law, and his reasoning in writing. Each party shall bear all of its own costs and expenses related to any statutory modification or re-enactment thereof arbitration pursuant to this Section 23, including reasonable fees and costs of attorneys and experts and the rules made there under fees and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term costs of the Contract that arbitrator, and the prevailing party invoking arbitration shall specify the dispute or disputes not be entitled to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each recover any such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation costs and expenses from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardnon-prevailing party. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would not be open to arbitrationbinding. The arbitrator prevailing party shall be deemed entitled to apply to, and obtain from, a court or tribunal having jurisdiction, an order enforcing the arbitrator’s decision. Notwithstanding anything contained in this Section 23 to the contrary, each party shall have entered on the reference on right to institute judicial proceedings against the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be other party or anyone acting by, through or under such place as may be fixed by the Arbitratorother party, in his sole discretion. The award order to enforce the instituting party’s rights through reformation of contract, specific performance, injunction or similar equitable relief, and this Section 23 shall not limit the Arbitrator shall be final, conclusive and binding all remedies granted the parties to this ContractCompany in Section 7(k).
Appears in 3 contracts
Sources: Employment Agreement (Cumulus Media Inc), Employment Agreement (Cumulus Media Inc), Employment Agreement (Cumulus Media Inc)
Arbitration. Except where otherwise provided for in If the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in parties have not resolved a dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving after written notice beginning mediation (or a longer period, if the intimation from parties agree to extend the Corporation that the bill is ready for acceptance of the Contractormediation), the claim of mediation shall terminate and the Contractor will dispute shall be deemed settled by arbitration. In addition, if a party initiates litigation, arbitration, or other binding dispute resolution process without initiating mediation, or before the mediation process has terminated, an opposing party may deem the mediation requirement to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time proceed with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall arbitration will be deemed to have entered on conducted in accordance with the reference on procedures contained in this document and the date he issues notice to both arbitration rules established by the parties fixing “Centro” and effective as of the date of the first hearingengagement letter. In the event of a conflict, the provisions of this document will control. The venue arbitration will be conducted before a panel of Arbitration three arbitrators, notwithstanding the importance of the dispute, to be appointed as established by the “Centro”. Any issue concerning the dispute or the applicability, interpretation or enforceability of any of these procedures, including any dispute concerning whether all or part of these procedures are not valid or enforceable, shall be such place as resolved by the arbitrators. No potential arbitrator may be fixed appointed unless he or she had agreed in writing to be bound and comply with these procedures. The arbitration panel shall have no power to award non-monetary or equitable relief of any sort. They shall have no power to award punitive damages or any other damages exceeding the actual direct damages that affected the party in favor of whom the award was issued, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. In no event, even if any other portion of these provisions is held to be invalid or unenforceable, shall the arbitrators have power to grant an award or impose a remedy that could not be granted or imposed by a court deciding on the matter in the same jurisdiction. Neither party shall be allowed to reveal any information related to the arbitration process, unless expressly authorized by the Arbitrator, in his sole discretion. The award arbitration panel when the party requesting such disclosure of the Arbitrator shall be final, conclusive and binding all the parties information demonstrates substantial need to this Contractdo so.
Appears in 3 contracts
Sources: Terms of Use, Terms of Use, Terms of Use
Arbitration. Except where otherwise provided for a. All disputes under this Agreement shall be settled by arbitration in the ContractMiami, all questions and disputes relating Florida, before a single arbitrator pursuant to the meaning employment rules of arbitration (the “AAA Rules”) of the specifications, designs, drawings and instructions herein before mentioned and as American Arbitration Association (the “AAA”). Arbitration may be commenced at any time by any party hereto giving written notice (the “Arbitration Notice”) to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be party that such dispute has been referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceunder this Section 7. The arbitrator to whom shall be selected by the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation joint agreement of the office of inability to actCorporation and Officer, shall appoint another person to act as arbitrator in accordance with but if they do not so agree within 20 days after the terms date of the Contract. Such person giving of the Arbitration Notice, the selection shall be entitled made pursuant to proceed with the reference AAA Rules from the stage at which his predecessor left itpanels of arbitrators maintained by the AAA. It is also a terms of this Contract that no person other than a person appointed Any award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give be conclusive and binding upon the parties hereto and not subject to appeal; provided, however, that any such award shall be accompanied by a written opinion of the arbitrator giving the reasons for the award. Subject as aforesaid, This provision for arbitration shall be specifically enforceable by the provisions parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The expenses of the Arbitration Actarbitrator shall initially be shared equally by the parties; provided, 1940 however, that the arbitrator shall award to the prevailing party all fees and expenses (including, without limitation, attorneys’ fees and expenses and expenses of the arbitrator) incurred by such prevailing party in connection with the arbitration. The prevailing party shall also be entitled to recover from the non-prevailing party reasonable attorneys’ fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred as a result of any judicial proceedings relating to the specific enforcement of this Section 7 or judgment upon the award rendered by the arbitrator hereunder, in addition to any statutory modification or re-enactment thereof other relief to which the prevailing party may be entitled. For purposes of this Section 7, “attorneys’ fees” shall include, without limitation, paralegal fees, investigative fees, administrative costs and all other charges billed by the rules made there under and for attorney to the prevailing party.
b. Notwithstanding subsection a. of this Section 7, to the extent that arbitration of a dispute hereunder is not legally permitted such that the parties to such dispute are prohibited at the time being of such dispute from mutually agreeing to submit such dispute to arbitration, either party may commence a civil action in force, shall apply the arbitration proceeding under this clause. It is a term court of the Contract that the party invoking arbitration shall specify the dispute or disputes appropriate jurisdiction to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each resolve such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration The prevailing party in respect of any claim(s) in writing within 90 days of receiving the intimation such proceedings shall be entitled to recover from the Corporation non-prevailing party reasonable attorneys’ fees (including, without limitation, all such fees, costs and expenses incident to appellate, bankruptcy and post-judgment proceedings) incurred in that the bill is ready for acceptance of the Contractoraction or proceeding, the claim of the Contractor will in addition to any other relief to which such party may be deemed to have been waived and absolutely barred and the company entitled.
c. Nothing contained in this Section 7 shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of prevent the parties enlarge the from settling any dispute by mutual agreement at any time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 3 contracts
Sources: Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp), Change in Control Agreement (Bankunited Financial Corp)
Arbitration. Except where otherwise provided for in the ContractAny dispute, all questions and disputes relating to the meaning of the specificationsclaim or controversy based on, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders Consultant’s service or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole settled by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin San Diego, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationCalifornia, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as before a single neutral arbitrator in accordance with the terms of JAMS Employment Arbitration Rules and Procedures (the Contract“Rules”), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Such person The Rules may be found online at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇. If the parties are unable to agree upon an arbitrator, one shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possibleJAMS in accordance with its Rules. Each party shall pay the fees of its own attorneys, the matter is not expenses of its witnesses and all other expenses connected with presenting its case; provided, however, Consultant and the Company agree that, to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboveextent permitted by law, the arbitrator may, in his or her discretion, award reasonable attorneys’ fees to the prevailing party; provided, further, that the prevailing party shall give reasons be reimbursed for such fees, costs and expenses within forty-five (45) days following any such award, but in no event later than the awardlast day of Consultant’s taxable year following the taxable year in which the fees, costs and expenses were incurred; provided, further, that the parties’ obligations pursuant to this sentence shall terminate on the tenth (10th) anniversary of the date of Consultant’s termination of service. Subject as aforesaidOther costs of the arbitration, including the cost of any record or transcripts of the arbitration, JAMS administrative fees, the provisions fee of the Arbitration Actarbitrator, 1940 or any statutory modification or re-enactment thereof and the rules made there under all other fees and for the time being in forcecosts, shall apply be borne by the arbitration proceeding Company. This Section 7 is intended to be the exclusive method for resolving any and all claims by the parties against each other for payment of damages under this clauseAgreement or relating to Consultant’s service. It is a term This Agreement shall not limit either party’s right to obtain any provisional remedy, including, without limitation, injunctive or similar relief, from any court of competent jurisdiction as may be necessary to protect their rights and interests pending the Contract that the party invoking arbitration outcome of arbitration, including without limitation injunctive relief, in any court of competent jurisdiction. Seeking any such relief shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred be a waiver of such party’s right to compel arbitration. Both Consultant and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time Company expressly waive their right to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contracta jury trial.
Appears in 3 contracts
Sources: Consulting Agreement (Zentalis Pharmaceuticals, Inc.), Consulting Agreement (Zentalis Pharmaceuticals, LLC), Consulting Agreement (Zentalis Pharmaceuticals, LLC)
Arbitration. Except where otherwise provided for If a dispute arises out of or relates to this Agreement, or the breach thereof, and if said dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the Contractdispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, all questions and disputes before resorting to arbitration, litigation, or some other dispute resolution procedure as required by this (S) 9(N). Failing an adequate resolution by mediation, any controversy or claim arising out of or relating to this Agreement or the meaning of the specificationstransactions contemplated hereby, designs, drawings and instructions herein before mentioned and as to the quality of workmanship including any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure Parties' decision to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofenter into this Agreement, shall be referred settled by binding arbitration. There shall be one arbitrator to be mutually agreed upon by the sole arbitration Parties involved in the controversy and to be selected from the National Panel of Commercial Arbitrators (or successor panel, if any). If within 45 days after service of the Chairman & Managing Director of Uranium Corporation of India Limiteddemand for arbitration the Parties are unable to agree upon such an arbitrator who is willing to serve, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person then an arbitrator shall be appointed by the Chairman & Managing DirectorAmerican Arbitration Association in accordance with its rules. Except as specifically provided in this (S) 9(N), willing to act as such arbitrator. There will the arbitration shall be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms Commercial Arbitration Rules of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the American Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationAssociation. The arbitrator shall not render an award of punitive damages. Any arbitration hereunder shall be deemed held in Orange County, California. Expenses related to have entered on the reference on arbitration, including counsel fees, shall be borne by the date he issues notice Party incurring such expenses except to both the parties fixing the date extent otherwise provided herein. The fees of the first hearingarbitrator and of the American Arbitration Association, if any, shall be divided equally among the Parties involved in the controversy. Judgment upon the award rendered by the arbitrator (which may, if deemed appropriate by the arbitrator, include equitable or mandatory relief with respect to performance of obligations hereunder) may be entered in any court of competent jurisdiction. The venue arbitrator shall award the prevailing Party in any arbitration proceeding recovery of Arbitration shall be such place as may be fixed by its attorneys' fees and other costs in connection with the Arbitrator, in his sole discretion. The award of arbitration from the Arbitrator shall be final, conclusive and binding all the parties to this Contractnon-prevailing Party.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc), Stock Purchase Agreement (Us Legal Support Inc)
Arbitration. Except where otherwise provided for as expressly set forth elsewhere in this Agreement or the ContractNon-Competition Agreement, all questions it is mutually agreed between the parties that arbitration shall be the sole and disputes relating exclusive remedy to redress any dispute, claim or controversy (hereinafter referred to as "grievance") involving the meaning interpretation of this Agreement or the terms or conditions of this Agreement or the terms, conditions or termination of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal Executive's employment with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all Company or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left itBank. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount intention of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply parties that the arbitration proceeding under this clauseaward shall be final and binding and that a judgment on the award may be entered in any court of competent jurisdiction and enforcement may be had according to its terms. It is Arbitration shall be initiated by one party filing a term of written demand on the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such disputeother party. It is also a term of the Contract that if the Contractor does not make any Any demand for arbitration in respect of any claim(s) in writing by the Executive shall be made within 90 20 days of receiving the intimation from the Corporation that the bill is ready for acceptance after receipt of the Contractor, the claim Notice of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationTermination. The arbitrator shall be deemed to have entered on chosen in accordance with the reference on the date he issues notice to both the parties fixing the date voluntary labor arbitration rules of the first American Arbitration Association. The place of the arbitration shall be the offices of the American Arbitration Association in Chicago, Illinois. The arbitrator shall not have jurisdiction or authority to change any of the provisions of this Agreement but shall interpret or apply any clause or clauses of this Agreement. The arbitrator shall have the power to compel the attendance of witnesses at the hearing. The venue parties stipulate that the provisions hereof, and the decision of Arbitration the arbitrator with respect to any grievance, shall be such place as may the sole and exclusive remedy for any alleged breach of the employment relationship in which event the Company or Bank shall be fixed by the Arbitrator, entitled to seek relief in his sole discretionany court having jurisdiction thereof. The award parties hereby acknowledge that subject to the foregoing exception, neither party has the right to resort to any federal, state or local court or administrative agency concerning breaches of this Agreement and that the decision of the Arbitrator arbitrator shall be finala complete defense to any suit, conclusive and binding all action or proceeding instituted in any federal, state or local court or before any administration agency with respect to any grievance which is arbitrable as herein set forth. The arbitration provisions hereof shall, with respect to any grievance, survive the parties to termination or expiration of the Executive's employment under this ContractAgreement.
Appears in 3 contracts
Sources: Employment Agreement (Covest Bancshares Inc), Employment Agreement (Covest Bancshares Inc), Employment Agreement (Covest Bancshares Inc)
Arbitration. Except where otherwise provided for in the Contract(a) Any dispute, all questions and disputes relating to the meaning of the specificationscontroversy, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or the execution breach, termination or failure to execute the sameinvalidity hereof, whether including claims for tortious interference or other tortious or statutory claims arising before, during the progress of the work or after the completion or abandonment thereoftermination, providing only that such claim touches upon matters covered by this contract, shall be referred finally settled by arbitration administered by the American Arbitration Association (“AAA”) pursuant to the Commercial Arbitration Rules as presently in force, except as modified by the specific provisions of this Agreement. The parties expressly agree that nothing in this Agreement shall prevent the parties from applying to a court that would otherwise have jurisdiction over the parties for provisional or interim measures, including injunctive relief. After the arbitration panel is empaneled, it shall have sole jurisdiction to hear such applications, except that the parties agree that any measures ordered by the arbitrators may be immediately and specifically enforced by a court otherwise having jurisdiction over the parties. The parties agree that judgment on the arbitration award may be entered by any court having jurisdiction thereof.
(b) The parties agree that the federal and state courts located in Houston, Texas shall have exclusive jurisdiction over an action brought to enforce the rights and obligations created in or arising from this Agreement to arbitrate, and each of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act parties hereto irrevocably submits to the sole arbitrationjurisdiction of said courts. Notwithstanding the above, application may be made by a party to any court of some other competent jurisdiction wherever situated for enforcement of any judgment and the entry of whatever orders are necessary for such enforcement. Process in any action arising out of or relating to this Agreement may be served on any party to the Agreement anywhere in the world by delivery in person appointed against receipt or by registered or certified mail, return receipt requested.
(c) The arbitration shall be conducted before a tribunal composed of three neutral arbitrators drawn from, in the first instance, the Texas Large Complex Claims panel and then, if necessary, from the Commercial panel. Each arbitrator shall sign an oath agreeing to be bound by the Chairman & Managing DirectorCode of Ethics for Arbitrators in Commercial Disputes promulgated by the AAA for Neutral Arbitrators. It is the intent of the parties to avoid the appearance of impropriety due to bias or partiality on the part of any arbitrator. Prior to his or her formal appointment, willing each arbitrator shall disclose to act the parties and to the other members of the tribunal, any financial, fiduciary, kinship or other relationship between that arbitrator and any party or its counsel, or between that arbitrator and any individual or entity with any financial, fiduciary, kinship or other relationship with any party. For the purposes of this Agreement, “appearance of impropriety” shall be defined as such arbitrator. There will be no objection if relationship or behavior as would cause a reasonable person to believe that bias or partiality on the part of the arbitrator so appointed is an employee may exist in favor of Uranium Corporation any party. Any award or portion thereof, whether preliminary or final, shall be in a written opinion containing findings of India Limited, Jaduguda fact and that he had to deal with the matters to which the Contract relates and that in the course conclusions of his duties as such he had expressed views on all or any of the matters in dispute or differencelaw signed by each arbitrator. The arbitrator dissenting from an award or portion thereof shall issue a dissent from the award or portion thereof in writing, stating the reasons for his or her dissent. The arbitrators shall hear and determine any preliminary issue of law asserted by a party to whom be dispositive of any claim, in whole or part, in the matter manner of a court hearing a motion to dismiss for failure to state a claim or for summary judgment, pursuant to such terms and procedures as the arbitrators deem appropriate.
(d) It is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation intent of the office of inability to actparties that, barring extraordinary circumstances, any arbitration hearing shall appoint another person to act as arbitrator in accordance with the terms be concluded within two months of the Contractdate the statement of claim is received by the AAA. Such person Unless the parties otherwise agree, once commenced, hearings shall be held 5 days a week, with each hearing day to begin at 9:00 A.M. and to conclude at 5:00 P.M. The parties may upon agreement extend these time limits, or the chairman of the panel may extend them if he or she determines that the interests of justice otherwise require. The arbitrators shall use their best efforts to issue the final award or awards within a period of 30 days after closure of the proceedings. Failure to do so shall not be a basis for challenging the award. The parties and arbitrators shall treat all aspects of the arbitration proceedings, including without limitation, discovery, testimony and other evidence, briefs and the award, as strictly confidential. The place of arbitration shall be Houston, Texas, U.S.A. unless otherwise agreed by the parties.
(e) The parties agree that discovery shall be limited and shall be handled expeditiously. Discovery procedures available in litigation before the courts shall not apply in an arbitration conducted pursuant to this Agreement. However, each party shall produce relevant and non-privileged documents or copies thereof requested by the other parties within the time limits set and to the extent required by order of the arbitrators. All disputes regarding discovery shall be promptly resolved by the arbitrators. No witness or party may be required to waive any privilege recognized at law. The parties hereby waive any claim to any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages, and the arbitration tribunal is specially divested of any power to award any damages in the nature of punitive, exemplary or statutory damages in excess of compensatory damages, or any form of damages in excess of compensatory damages. Except as provided in Section 5(d), the party prevailing on substantially all of its claims shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorrecover its costs, as aforesaid should act as arbitrator and if for any reasonincluding attorneys’ fees, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaidarbitration proceedings, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard workany ancillary proceeding, which may be decided including a proceeding to be acceptedcompel arbitration, will be final and would not be open to arbitration. The arbitrator shall be deemed request interim measures or to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractconfirm or set aside an award.
Appears in 3 contracts
Sources: Employment Agreement (Mens Wearhouse Inc), Employment Agreement (Mens Wearhouse Inc), Employment Agreement (Mens Wearhouse Inc)
Arbitration. Except where as otherwise expressly provided for in the Contractherein, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship any dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or to the execution breach, termination, or failure validity of this Agreement, will be resolved as follows: each Party shall discuss the matter and make reasonable efforts to execute attempt to resolve the samedispute. If the Parties are unable to resolve the dispute, whether arising during the progress chief executive officer of each Party, or their designees, will meet within [***] days of a request to attempt to resolve such dispute being made by a Party. If the chief executive officers, or their designees, cannot resolve the dispute through good faith negotiations within [***] days after a Party requests such meeting, then the Parties shall resort to binding arbitration before a single arbitrator, in New York, New York, using the arbitration procedures set forth under the laws of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration State of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardNew York. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would not be open subject to appeal and the arbitrator may apportion the costs of the arbitration, including the reasonable fees and disbursements of the Parties, between or among the Parties in such manner as the arbitrator considers reasonable. The arbitrator All matters in relation to the arbitration shall be deemed kept confidential to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearingfull extent permitted CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. The venue of Arbitration A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECRETARY OF THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 PROMULGATED UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. by law, and no individual shall be such place appointed as may an arbitrator unless he or she agrees in writing to be fixed bound by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractprovision.
Appears in 3 contracts
Sources: Distribution Agreement, Distribution Agreement (Braeburn Pharmaceuticals, Inc.), Distribution Agreement (Braeburn Pharmaceuticals, Inc.)
Arbitration. Except where otherwise provided for in the Contracti. Any controversy, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute breach hereof which cannot be settled by mutual agreement will be finally settled by binding arbitration in the sameCommonwealth of Massachusetts, whether arising during under the progress jurisdiction of the work American Arbitration Association or after the completion or abandonment thereofother mutually agreeable alternative arbitration dispute resolution service, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person before a single arbitrator appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms arbitration rules of the ContractAmerican Arbitration Association or other selected service, modified only as herein expressly provided. Such person shall be entitled The arbitrator may enter a default decision against any party who fails to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim participate in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardproceedings.
ii. The decision of the Engineerarbitrator on the points in dispute will be final, non-in-charge regarding appealable and binding, and judgment on the quantum of reduction as well as justification thereof in respect of rates for substandard work, which award may be decided to be accepted, entered in any court having jurisdiction thereof.
iii. The fees and expenses of the arbitrator will be final shared equally by the parties, and would not be open each party will bear the fees and expenses of its own attorney; provided that, to arbitrationthe extent the arbitrator determines you have prevailed on at least one material issue involved in any dispute commencing during the Change in Control Protection Period, the Company shall reimburse you for all reasonable attorneys’ fees in connection with such Dispute.
iv. The arbitrator shall parties agree that this Section 13(f) has been included to resolve any disputes between them with respect to this Agreement, and that this Section 13(f) will be deemed grounds for dismissal of any court action commenced by either party with respect to have entered on this Agreement, other than post-arbitration actions seeking to enforce an arbitration award or actions seeking an injunction or temporary restraining order. In the reference on the date he issues notice event that any court determines that this arbitration procedure is not binding, or otherwise allows any litigation regarding a dispute, claim, or controversy covered by this Agreement to both proceed, the parties fixing hereto hereby waive, to the date of the first hearing. maximum extent allowed by law, any and all right to a trial by jury in or with respect to such litigation.
v. The venue of Arbitration shall be such place parties will keep confidential, and will not disclose to any person, except as may be fixed required by law or the Arbitrator, in his sole discretion. The award rules and regulations of the Arbitrator shall be finalSecurities and Exchange Commission or other government agencies, conclusive and binding all the parties existence of any controversy hereunder, the referral of any such controversy to this Contractarbitration or the status or resolution thereof.
Appears in 3 contracts
Sources: Employment Agreement (Marimed Inc.), Employment Agreement (Marimed Inc.), Employment Agreement (Marimed Inc.)
Arbitration. Except where otherwise provided for All appeals from determinations by the EB Committee as described in the Contractparagraph (b) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofUnits Damages Dispute, shall be referred fully and finally settled by arbitration administered by the American Arbitration Association (“AAA”) on an individual basis (and not on a collective or class action basis) before a single arbitrator pursuant to the sole AAA’s Commercial Arbitration Rules in effect at the time any such arbitration is initiated. Any such arbitration must be initiated in writing pursuant to the aforesaid rules of the Chairman & Managing Director AAA no later than one year from the date that the claim accrues, except where a longer limitations period is required by applicable law. Decisions about the applicability of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed limitations period contained herein shall be made by the Chairman & Managing Director, willing to act as such arbitrator. There will A copy of the AAA’s Commercial Arbitration Rules may be no objection if obtained from Human Resources. The Participant agrees that the arbitrator so appointed is an employee arbitration shall be held at the office of Uranium Corporation the AAA nearest the place of India Limitedthe Participant’s most recent employment by the Company or a Related Company, Jaduguda and that he had unless the parties agree in writing to deal with a different location. All claims by the matters to which Company or a Related Company against the Contract relates and that in the course Participant, except for breaches of his duties as such he had expressed views on all or any of the matters Participant’s Obligations, may also be raised in such arbitration proceedings.
(i) The arbitrator shall have the authority to determine whether any dispute or differencesubmitted for arbitration hereunder is arbitrable. The arbitrator shall decide all issues submitted for arbitration according to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan, this Agreement (except for breaches of any of the Participant’s Obligations), existing Company policy, and applicable substantive New York State and U.S. federal law and shall have the authority to award any remedy or relief permitted by such laws. Such person The final decision of the EB Committee with respect to a Plan Dispute shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by upheld unless such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 decision was arbitrary or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcapricious. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive conclusive, not subject to appeal, and binding all the parties and enforceable in any applicable court.
(ii) The Participant understands and agrees that, pursuant to this ContractAgreement, both the Participant and the Company or a Related Company waive any right to ▇▇▇ each other in a court of law or equity, to have a trial by jury, or to resolve disputes on a collective, or class, basis (except for breaches of any of the Participant’s Obligations), and that the sole forum available for the resolution of Units Award Disputes and Units Damages Disputes is arbitration as provided in this paragraph 25. If an arbitrator or court finds that the arbitration provisions of this Agreement are not enforceable, both Participant and the Company or a Related Company understand and agree to waive their right to trial by jury of any Units Award Dispute or Units Damages Dispute. This dispute resolution procedure shall not prevent either the Participant or the Company or a Related Company from commencing an action in any court of competent jurisdiction for the purpose of obtaining injunctive relief to prevent irreparable harm pending and in aid of arbitration hereunder; in such event, both the Participant and the Company or a Related Company agree that the party who commences the action may proceed without necessity of posting a bond.
(iii) In consideration of the Participant’s agreement in paragraph (ii) above, the Company or a Related Company will pay all filing, administrative and arbitrator’s fees incurred in connection with the arbitration proceedings. If the AAA requires the Participant to pay the initial filing fee, the Company or a Related Company will reimburse the Participant for that fee. All other fees incurred in connection with the arbitration proceedings, including but not limited to each party’s attorney’s fees, will be the responsibility of such party.
(iv) The parties intend that the arbitration procedure to which they hereby agree shall be the exclusive means for resolving all Units Award Disputes (subject to the mandatory EB Committee procedure provided for in paragraph 25(b) above) and Units Damages Disputes. Their agreement in this regard shall be interpreted as broadly and inclusively as reason permits to realize that intent.
(v) The Federal Arbitration Act (“FAA”) shall govern the enforceability of this paragraph 25. If for any reason the FAA is held not to apply, or if application of the FAA requires consideration of state law in any dispute arising under this Agreement or subject to this dispute resolution provision, the laws of the State of New York shall apply without giving effect to the conflicts of laws provisions thereof.
(vi) To the extent an arbitrator determines that the Participant was not terminated for Cause and is entitled to the RSUs or any other benefits under the Plan pursuant to the provisions applicable to an involuntary termination without Cause, the Participant’s obligation to execute a release satisfactory to Verizon as provided under paragraph 7(b)(2) shall remain applicable in order to receive the benefit of any RSUs pursuant to this Agreement.
Appears in 3 contracts
Sources: Restricted Stock Unit Agreement, Restricted Stock Unit Agreement (Verizon Communications Inc), Restricted Stock Unit Agreement (Verizon Communications Inc)
Arbitration. Except where otherwise provided for in I hereby agree to submit all claims against the Contract, all questions and disputes relating to the meaning manufacturers or distributors of the specifications, designs, drawings and instructions herein before mentioned and as rental equipment rented and/or used by me at Mohawk to the quality of workmanship or materials used on the work or as binding arbitration. I further agree to submit any other questiondispute with Mohawk, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress which arises from use of the work or after the completion or abandonment thereofequipment and/or skiing at Mohawk Mountain Ski Area, Inc. to binding arbitration. For any dispute submitted to binding arbitration pursuant to this agreement, there shall be referred a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the sole arbitration of “Panel”), to be chosen by the Chairman & Managing Director of Uranium Corporation of India Limitedparty-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, Jaduguda and if neutral arbitrator, the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person neutral arbitrator shall be appointed by the Chairman & Managing DirectorUnited States District Court, willing to act as such for the District of Connecticut. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. There will The arbitration proceeding shall proceed in West Hartford, Connecticut and shall be no objection governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. With regard to disputes between me and Mohawk, if the arbitrator so appointed is an employee of Uranium Corporation of India Limiteddispute arises from a personal injury or death, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any first phase of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person arbitration shall be entitled to proceed with the reference determine whether said injury or death arose from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allhazard/risk inherent in skiing. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract event that the party invoking arbitration shall specify Panel determines the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed alleged injury/death arose from a hazard/risk inherent in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorskiing, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered barred, as a matter of law, and the Participant shall be barred from recovering any compensation from Mohawk. In the event that the Panel determines the alleged injury did not arise from a hazard/risk inherent in skiing, the Panel may, at its discretion, allow for additional discovery and evidence, and then it shall decide any remaining issues on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractmerits.
Appears in 3 contracts
Sources: Rental Agreement, Rental Agreement, Rental Agreement
Arbitration. Except where otherwise provided for All appeals from determinations of a Units Award Dispute by the EB Committee as described in the Contractsubsection (b) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofUnits Damages Dispute, shall be referred fully and finally settled by arbitration administered by the American Arbitration Association (“AAA”) on an individual basis (and not on a collective or class action basis) before a single arbitrator pursuant to the sole AAA’s Commercial Arbitration Rules in effect at the time any such arbitration is initiated. Any such arbitration must be initiated in writing pursuant to the aforesaid rules of the Chairman & Managing Director AAA no later than one year from the date that the claim accrues. Decisions about the applicability of Uranium Corporation the limitations period contained herein are for the arbitrator to decide. A copy of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to AAA’s Commercial Arbitration Rules may be obtained from Human Resources. The Participant agrees that the sole arbitration, arbitration shall be held at the office of some other person appointed the AAA nearest the place of the Participant’s most recent employment by the Chairman & Managing DirectorCompany or a Related Company, willing unless the parties agree to act as such arbitratora different location. There will be no objection if All claims by the arbitrator so appointed is an employee Company or a Related Company against the Participant, except for breaches of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters Participant’s Obligations contained in Exhibit A hereto, shall also be raised in such arbitration proceedings.
(i) The arbitrator shall have the authority to determine whether this arbitration agreement is enforceable and whether any dispute or differencesubmitted for arbitration hereunder is arbitrable. The arbitrator shall decide all issues submitted for arbitration according to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan, this Agreement, existing Company policy, and applicable substantive New York State and U.S. federal law and shall have the authority to award any remedy or relief permitted by such laws. Such person The final decision of the EB Committee with respect to a Units Award Dispute shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by upheld unless such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 decision was arbitrary or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcapricious. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will arbitrator shall be final and would binding and enforceable in any applicable court.
(ii) The Participant understands and agrees that, pursuant to this Agreement, both the Participant and the Company or a Related Company waive any right to ▇▇▇ each other in a court of law or equity, to have a trial by jury, or to resolve disputes on a collective, or class, basis, and that the sole forum available for the resolution of Units Award Disputes and Units Damages Disputes is arbitration as provided herein. This dispute resolution procedure shall not be open prevent either the Participant or the Company or a Related Company from commencing an action in any court of competent jurisdiction for the purpose of obtaining injunctive relief to arbitrationprevent irreparable harm pending arbitration hereunder; in such event, both the Participant and the Company or a Related Company agree that the party who commences the action may proceed without necessity of posting a bond.
(iii) In consideration of the Participant’s agreement in subsection (ii) above, the Company or a Related Company will pay all filing, administrative and arbitrator’s fees incurred in connection with the arbitration proceedings. If the AAA requires the Participant to pay the initial filing fee, the Company or a Related Company will reimburse the Participant for that fee.
(iv) The arbitrator parties intend that the arbitration procedure to which they hereby agree shall be deemed the exclusive means for resolving all Units Award Disputes (subject to have entered on the reference on mandatory EB Committee procedure provided for in Paragraph 25(b) above) and Units Damages Disputes. Their agreement in this regard shall be interpreted as broadly and inclusively as reason permits to realize that intent.
(v) Notwithstanding any other provision of this Agreement, any dispute arising under this Agreement or subject to this dispute resolution provision shall be governed by and construed in accordance with the date he issues notice to both the parties fixing the date laws of the first hearing. The venue State of Arbitration shall be such place as may be fixed by New York, without giving effect to the Arbitrator, in his sole discretion. The award conflicts of the Arbitrator shall be final, conclusive and binding all the parties to this Contractlaws provisions thereof.
Appears in 3 contracts
Sources: Performance Stock Unit Agreement (Verizon Communications Inc), Special Restricted Stock Unit Agreement (Verizon Communications Inc), Restricted Stock Unit Agreement (Verizon Communications Inc)
Arbitration. Except where otherwise provided 11.1 Each party shall designate a project manager to coordinate such party's activities under this Agreement. Such project managers shall also, when necessary, confer in order to resolve problems or disputes that may arise in connection with each party's performance hereunder. If the project managers cannot resolve such problems or disputes, such problems or disputes shall be referred to each party's respective senior management for in the Contractdiscussion and resolution.
11.2 Subject to Paragraph 11.4, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contractthis Agreement, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall and which cannot be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator resolved in accordance with the terms procedure set forth in the preceding paragraph, shall be submitted to arbitration before a panel of three (3) arbitrators. The arbitrators shall be selected and the arbitration conducted in accordance with the _________________________. An award shall be conclusive and binding if concurred in by two (2) of the Contractarbitrators, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Such person The arbitrators shall be entitled required to proceed deliver a written decision setting forth their findings of fact and basis for their award. The arbitrators' award shall provide for the payment of the arbitrators' expenses and fees, together with other expenses incurred in the reference from conduct of the stage at which his predecessor left it. It is also a terms of this Contract that no person arbitration proceeding other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator legal fees and if for any reason, that is not possibleexpenses. However, the matter is not arbitrators shall award the prevailing party reasonable attorneys' fees and other expenses incurred in the arbitration proceeding in the event that the arbitrators determine that either party acted in bad faith in connection with either asserting a claim or a defense in the arbitration proceeding itself.
11.3 The parties hereby agree to be referred submit to arbitration at all. In all cases where the amount exclusive personal jurisdiction and venue of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) _______________________________ for purposes of enforcing the agreement to arbitrate, providing provisional relief pending the award, and above, the arbitrator shall give reasons for entering judgment on the award. Subject as aforesaidIf for any reason the aforesaid court does not have subject matter jurisdiction, the parties alternatively agree to submit to the exclusive personal jurisdiction and venue of the applicable court of the _____________________ for the foregoing purposes. Nothing contained in this paragraph shall preclude the arbitrators from granting, where appropriate, injunctive or other provisional relief pending a final award.
11.4 Notwithstanding the provisions of Paragraphs 11.2 and 11.3, any party hereto may pursue any provisional remedy (including but not limited to preliminary injunctive relief) to enforce its rights hereunder in the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being courts designated in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractParagraph 11.
Appears in 3 contracts
Sources: Cross License Agreement (Synavant Inc), Cross License Agreement (Synavant Inc), Cross License Agreement (Ims Health Inc)
Arbitration. Except where as otherwise provided for set forth in Section 6 hereof, any dispute or controversy between the Contract, all questions Company or its respective affiliates (including the Partnership and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used Parent) on the work or as to any one hand, and the Executive on the other questionhand, claim, right, matter or thing whatsoever in any way whether arising out of or relating to this Agreement, the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksbreach of this Agreement, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofotherwise, shall be referred to the sole settled by final and binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedin ▇▇▇▇ County, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed Illinois administered by the Chairman & Managing DirectorAmerican Arbitration Association, willing to act as with any such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred controversy arising under this Agreement being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator so administered in accordance with its Commercial Rules then in effect, and judgment on the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed award rendered by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationentered in any court having jurisdiction thereof. The arbitrator shall be deemed have the authority to have entered on award any remedy or relief that a court of competent jurisdiction could order or grant, including, without limitation, the reference on issuance of an injunction. Except as necessary in court proceedings to enforce this arbitration provision or an award rendered hereunder, or to obtain interim relief, neither a party nor an arbitrator may disclose the date he issues notice to both existence, content or results of any arbitration hereunder without the parties fixing the date prior written consent of the first hearingCompany and the Executive. The venue Company and the Executive acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding any choice of law provision included in this Agreement, the United States Federal Arbitration Act shall govern the interpretation and enforcement of this arbitration provision. In the event action is brought to enforce the provisions of this Agreement pursuant to this Section 9, the non-prevailing parties shall be such place as may be fixed by required to pay the Arbitrator, in his sole discretion. The award reasonable attorney’s fees and expenses of the Arbitrator prevailing parties, except that if in the opinion of the arbitrator deciding such action there is no prevailing party, each party shall be finalpay its own attorney’s fees and expenses. For purposes of complying with the requirements of Section 409A of the Internal Revenue Code of 1986, conclusive and binding all as amended (the parties “Code”):
(a) The right of the Executive to reimbursement of attorney’s fees or expenses pursuant to this ContractSection 9 shall apply until the tenth (10th) anniversary of the expiration of the Employment Period.
(b) The amount of expenses eligible for reimbursement during a calendar year shall not affect the expenses eligible for reimbursement in any other calendar year.
(c) The reimbursement of an expense must be paid to the Executive on or before the last day of the calendar year following the calendar year in which the expense was incurred.
(d) The right to reimbursement is not subject to liquidation or exchange for another benefit.
Appears in 3 contracts
Sources: Employment Agreement (Aviv REIT, Inc.), Employment Agreement (Aviv REIT, Inc.), Employment Agreement (Aviv REIT, Inc.)
Arbitration. (a) Except where otherwise as provided for in Section 7(c) below, both the Contract, all questions Company and disputes relating to the meaning of the specifications, designs, drawings you acknowledge and instructions herein before mentioned and as to the quality of workmanship agree that any dispute or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way controversy arising out of of, relating to, or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksin connection with this Agreement, or the execution interpretation, validity, construction, performance, breach, or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment termination thereof, shall be referred settled by binding arbitration unless otherwise required by law, to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedbe held in Richmond, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator Virginia in accordance with the terms National Rules for the Resolution of Employment Disputes then in effect of the ContractAmerican Arbitration Association. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person The arbitrator may grant injunctions or other than a person appointed by relief in such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcontroversy. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The party against whom the arbitrator(s) shall render an award shall pay the other party’s reasonable attorneys’ fees and other reasonable costs and expenses in connection with the enforcement of its rights under this ContractAgreement (including the enforcement of any arbitration award in court), unless and to the extent the arbitrator(s) shall determine that under the circumstances recovery by the prevailing party of all or a part of any such fees and costs and expenses would be unjust.
(b) The arbitrator(s) shall apply Virginia law to the merits of any dispute or claim, without reference to rules of conflicts of law. You hereby consent to the personal jurisdiction of the state and federal courts located in Virginia for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parties are participants.
(c) The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration agreement and without abridgment of the powers of the arbitrator.
(d) YOU HEREBY CONFIRM YOU HAVE READ AND UNDERSTAND THIS SECTION 7, WHICH DISCUSSES ARBITRATION, AND UNDERSTAND THAT BY SIGNING THIS AGREEMENT, YOU AGREE, EXCEPT AS PROVIDED IN SECTION 7(c), TO SUBMIT ANY CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, OR THE INTERPRETATION, VALIDITY, CONSTRUCTION, PERFORMANCE, BREACH OR TERMINATION THEREOF TO BINDING ARBITRATION, UNLESS OTHERWISE REQUIRED BY LAW, AND THAT THIS ARBITRATION CLAUSE CONSTITUTES A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RELATES TO THE RESOLUTION OF ALL DISPUTES RELATING TO ALL ASPECTS OF YOUR RELATIONSHIP WITH THE COMPANY.
Appears in 3 contracts
Sources: Employment Agreement (Union Bankshares Corp), Employment Agreement (Union First Market Bankshares Corp), Employment Agreement (Union First Market Bankshares Corp)
Arbitration. Except where as provided in Section 13, if any legally actionable dispute arises under this Agreement or otherwise provided for which cannot be resolved by mutual discussion between the parties, then the Company and Executive each agree to resolve that dispute by binding arbitration before an arbitrator experienced in employment law. Any arbitration hereunder shall be conducted in accordance with the Judicial Arbitration and Mediation Services (“JAMS”) Employment Arbitration Rules in effect at the time of the arbitration (the “JAMS Rules”) and the law applicable to the claim(s) asserted therein. The parties shall have fifteen (15) calendar days after JAMS issues a Commencement Letter (as defined in the Contract, all questions and disputes relating JAMS Rules) to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as attempt to the quality of workmanship or materials used agree on the work selection of an arbitrator from the JAMS roster. In the event the parties are unable to agree in such time, JAMS will provide a list of five (5) qualified and available arbitrators, and an arbitrator will be selected from that list by the parties alternately striking out one name of a potential arbitrator until only one name remains. The party entitled to strike an arbitrator first shall be selected by a coin toss. The parties agree that this agreement to arbitrate includes any claims that the Company may have against Executive, or as to any other questionthat Executive may have against the Company and/or its related entities and/or employees, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contractthis Agreement, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksExecutive’s employment, or Executive’s termination, including but not limited to any claims of discrimination or harassment in violation of applicable law and any other aspect of Executive’s compensation, employment, or termination. The parties further agree that arbitration as provided for in this Section 16(g) is the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda exclusive and if the Chairman binding remedy for any such dispute and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if used instead of any court action, and the arbitrator so appointed is an employee of Uranium Corporation of India Limitedparties hereby expressly waive any rights to litigate claims covered by this agreement to arbitrate in a court or other venue, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all except for (i) a request by any party for temporary, preliminary or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator permanent injunctive relief pending arbitration in accordance with applicable law; (ii) breaches by Executive of Executive’s obligations under Sections 11, 12, 14 or 15 hereof; or (iii) an administrative claim with an administrative agency. The parties agree that the terms arbitrator shall have the authority to and shall determine all gateway issues related to any dispute submitted to arbitration hereunder, including but not limited to the jurisdiction of the Contractarbitrator, the arbitrability of any dispute (including the scope, validity, or enforceability of this agreement to arbitrate), and the proper or permissible parties to any such arbitration. Such person The parties further agree that the arbitrator shall be entitled empowered to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directoraward damages and/or equitable relief, as aforesaid should act as arbitrator and if appropriate. Any arbitration provided for herein shall be conducted in or around Morristown, New Jersey, unless otherwise mutually agreed. The Company shall pay the cost of any reasonarbitration brought pursuant to this paragraph, that is not possibleexcluding, however, the matter costs of Executive’s representation in the arbitration (including but not limited to the fees and costs of Executive’s attorneys, advisors, experts, and other service providers), unless such cost is not to be referred to arbitration at allawarded in accordance with law or otherwise awarded by the arbitrator. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and Except as otherwise provided above, the arbitrator may award legal fees to the prevailing party in the arbitrator’s sole discretion; provided that the percentage of fees so awarded shall give reasons for not exceed 1% of the award. Subject as aforesaidnet worth of the paying party (i.e., the provisions Company or Executive). Judgment upon any resulting arbitration award may be entered in any federal or state court of competent jurisdiction. Neither a party nor the Arbitration Actarbitrator may disclose the existence, 1940 content, or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect outcome of any claim(s) in writing within 90 days of receiving arbitration hereunder without the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released prior written consent of all liabilities under parties to the Contract in respect of these claims. The arbitrator(sarbitration, except (1) may from time to time with consent of the parties enlarge the time, for making as provided by Section 10 hereof; and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place (2) as may be fixed required by law, including for purposes of entering judgment upon or enforcing the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractarbitrator’s award.
Appears in 3 contracts
Sources: Employment Agreement (Bausch & Lomb Corp), Employment Agreement (Bausch & Lomb Corp), Employment Agreement (Bausch & Lomb Corp)
Arbitration. Except where otherwise provided for All appeals from determinations by the EB Committee as described in the Contractparagraph (b) above, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofUnits Damages Dispute, shall be referred fully and finally settled by arbitration administered by the American Arbitration Association (“AAA”) on an individual basis (and not on a collective or class action basis) before a single arbitrator pursuant to the sole AAA’s Commercial Arbitration Rules in effect at the time any such arbitration is initiated. Any such arbitration must be initiated in writing pursuant to the aforesaid rules of the Chairman & Managing Director AAA no later than one year from the date that the claim accrues, except where a longer limitations period is required by applicable law. Decisions about the applicability of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed limitations period contained herein shall be made by the Chairman & Managing Director, willing to act as such arbitrator. There will A copy of the AAA’s Commercial Arbitration Rules may be no objection if obtained from Human Resources. The Participant agrees that the arbitrator so appointed is an employee arbitration shall be held at the office of Uranium Corporation the AAA nearest the place of India Limitedthe Participant’s most recent employment by the Company or a Related Company, Jaduguda and that he had unless the parties agree in writing to deal with a different location. All claims by the matters to which Company or a Related Company against the Contract relates and that in the course Participant, except for breaches of his duties as such he had expressed views on all or any of the matters Participant’s Obligations, may also be raised in such arbitration proceedings.
(i) The arbitrator shall have the authority to determine whether any dispute or differencesubmitted for arbitration hereunder is arbitrable. The arbitrator shall decide all issues submitted for arbitration according to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the ContractPlan, this Agreement (except for breaches of any of the Participant’s Obligations), existing Company policy, and applicable substantive New York State and U.S. federal law and shall have the authority to award any remedy or relief permitted by such laws. Such person The final decision of the EB Committee with respect to a Plan Dispute shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by upheld unless such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 decision was arbitrary or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardcapricious. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive conclusive, not subject to appeal, and binding all the parties and enforceable in any applicable court.
(ii) The Participant understands and agrees that, pursuant to this ContractAgreement, both the Participant and the Company or a Related Company waive any right to ▇▇▇ each other in a court of law or equity, to have a trial by jury, or to resolve disputes on a collective, or class, basis (except for breaches of any of the Participant’s Obligations), and that the sole forum available for the resolution of Units Award Disputes and Units Damages Disputes is arbitration as provided in this paragraph 25. If an arbitrator or court finds that the arbitration provisions of this Agreement are not enforceable, both Participant and the Company or a Related Company understand and agree to waive their right to trial by jury of any Units Award Dispute or Units Damages Dispute. This dispute resolution procedure shall not prevent either the Participant or the Company or a Related Company from commencing an action in any court of competent jurisdiction for the purpose of obtaining injunctive relief to prevent irreparable harm pending and in aid of arbitration hereunder; in such event, both the Participant and the Company or a Related Company agree that the party who commences the action may proceed without necessity of posting a bond.
(iii) In consideration of the Participant’s agreement in paragraph (ii) above, the Company or a Related Company will pay all filing, administrative and arbitrator’s fees incurred in connection with the arbitration proceedings. If the AAA requires the Participant to pay the initial filing fee, the Company or a Related Company will reimburse the Participant for that fee. All other fees incurred in connection with the arbitration proceedings, including but not limited to each party’s attorney’s fees, will be the responsibility of such party.
(iv) The parties intend that the arbitration procedure to which they hereby agree shall be the exclusive means for resolving all Units Award Disputes (subject to the mandatory EB Committee procedure provided for in paragraph 25(b) above) and Units Damages Disputes. Their agreement in this regard shall be interpreted as broadly and inclusively as reason permits to realize that intent.
(v) The Federal Arbitration Act (“FAA”) shall govern the enforceability of this paragraph 25. If for any reason the FAA is held not to apply, or if application of the FAA requires consideration of state law in any dispute arising under this Agreement or subject to this dispute resolution provision, the laws of the State of New York shall apply without giving effect to the conflicts of laws provisions thereof.
(vi) To the extent an arbitrator determines that the Participant was not terminated for Cause and is entitled to the PSUs or any other benefits under the Plan pursuant to the provisions applicable to an involuntary termination without Cause, the Participant’s obligation to execute a release satisfactory to Verizon as provided under paragraph 7(b)(2) shall remain applicable in order to receive the benefit of any PSUs pursuant to this Agreement.
Appears in 3 contracts
Sources: Performance Stock Unit Agreement, Performance Stock Unit Agreement (Verizon Communications Inc), Performance Stock Unit Agreement (Verizon Communications Inc)
Arbitration. Except where otherwise provided for If the grievance is not resolved in Step Three of the ContractGrievance Procedure, all questions and disputes relating either the Association or the District may submit the grievance to arbitration by notifying the other party within ten (10) days after the answer to Step Three. The submission to arbitration shall contain a statement of the issues to be arbitrated, reference to the meaning specific Article and Section allegedly violated, the contention of the specificationsparty filing for arbitration, designsand shall be signed by the Local Association President or his/her designee and the employee involved. Within the ten (10) days following receipt of the written notice of intent to arbitrate, drawings the Association and instructions herein before mentioned a representative of the District shall file a demand for arbitration with the American Arbitration Association, with a copy to the other party. The arbitrator shall then be selected according to the Rules of the American Arbitration Association. Failure to comply with any of these provisions shall render the grievance non-arbitrable. It shall be the function of the arbitrator, and he/she shall be empowered, except as his/her powers are limited by this Agreement, after due investigation, to make a decision in cases of alleged violation of a specific Article(s) and Section(s) of this Agreement. He/she shall have no power to add to, subtract from, disregard, alter or modify any of the terms of this Agreement. He/ she shall have no power to establish salary structures or change any salary or wage. He/she shall not substitute his/her judgment for that of the District's as to the quality qualifications and ability of workmanship an employee, if such judgment was not arbitrary or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at allcapricious. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and aboverendering decisions, the arbitrator shall give reasons for due regard to the awardresponsibility of management as conditioned by this Agreement. Subject as aforesaidIf the District disputes the arbitrability of any grievance under the terms of this Agreement, the provisions arbitrator shall have to decide if the grievance is arbitrable before hearing the merits of the Arbitration Actgrievance. In the event that a case is appealed to an arbitrator on which he/ she has no power to rule, 1940 it shall be referred back to the parties without decision or any statutory modification or re-enactment thereof and recommendation on its merits. There shall be no appeal from an arbitrator's decision if within the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clausescope of his/her authority as set forth above. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationbinding on the Association, its members, the employee(s) involved, and the District. The fees and expenses of the arbitrator shall be deemed to have entered on shared equally by the reference on the date he issues notice to both the parties fixing the date parties. All other costs and expenses of the first hearing. The venue of Arbitration arbitration, including filing fees and witness expenses, shall be such place as may be fixed borne by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractparty incurring them.
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Professional Services, Professional Agreement
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating Subject to the meaning right of the specificationseach party to seek specific performance (which right shall not be subject to arbitration), designs, drawings and instructions herein before mentioned and as to the quality if a dispute arises out of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever is in any way arising out of or relating related to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment asserted breach thereof, such dispute shall be referred to arbitration before the sole American Arbitration Association the (“AAA”) pursuant to the AAA’s National Rules for the Resolution of Employment Disputes (the “Arbitration Rules”). A dispute subject to the provisions of this section will exist if either party notifies the other party in writing that a dispute subject to arbitration exists and states, with reasonable specificity, the issue subject to arbitration (the "Arbitration Notice"). The parties agree that, after the issuance of the Chairman & Managing Director of Uranium Corporation of India LimitedArbitration Notice, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to parties will try in good faith between the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any date of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation issuance of the office of inability Arbitration Notice and the date the dispute is set for arbitration to act, shall appoint another person to act as arbitrator resolve the dispute by mediation in accordance with the terms Arbitration Rules. If the dispute is not resolved by the date set for arbitration, then any controversy or claim arising out of this Agreement or the Contract. Such person asserted breach hereof shall be entitled resolved by binding arbitration and judgment upon any award rendered by arbitrator(s) may be entered in a court having jurisdiction. In the event any claim or dispute involves an amount in excess of $100,000, either party may request that the matter be heard and resolved by a single arbitrator. The arbitrator shall have the same power to proceed with compel the reference from attendance of witnesses and to order the stage at which his predecessor left itproduction of documents or other materials and to enforce discovery as could be exercised by a United States District Court judge sitting in the Northern District of New York. It is also In the event of any arbitration, each party shall have a terms reasonable right to conduct discovery to the same extent permitted by the Federal Rules of this Contract Civil Procedure, provided that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, discovery shall be concluded within 90 days after the date the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons set for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator or arbitrators shall have the power to award reasonable attorneys’ fees to the prevailing party. Any provisions in this Agreement to the contrary notwithstanding, this section shall be deemed to governed by the Federal Arbitration Act and the parties have entered on the reference on the date he issues notice into this Agreement pursuant to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractAct.
Appears in 3 contracts
Sources: Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc), Employment Agreement (NBT Bancorp Inc)
Arbitration. Except where otherwise provided for in The parties shall use their best efforts and good will to settle all disputes by amicable negotiations. The Company and ▇▇▇▇▇▇▇ agree that, with the Contractexpress exception of any dispute or controversy arising under Section 9 of this Agreement, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or in any way relating to ▇▇▇▇▇▇▇’▇ employment with the ContractCompany, designsincluding, drawingswithout limitation, specifications, estimates, instructions, orders or these conditions or otherwise any and all disputes concerning this Agreement and the works, or the execution or failure to execute the same, whether arising during the progress termination of the work or after the completion or abandonment thereofthis Agreement that are not amicably resolved by negotiation, shall be referred settled by arbitration in New Jersey, or such other place agreed to by the sole parties, as follows:
(a) Any such arbitration of shall be heard by a single arbitrator. Except as the Chairman & Managing Director of Uranium Corporation of India Limitedparties may otherwise agree, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, including the procedures for the selection of some other person appointed by the Chairman & Managing Director, willing to act as such an arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator be conducted in accordance with the terms National Rules for the Resolution of Employment Disputes of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator American Arbitration Association (“AAA”).
(b) All attorneys’ fees and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount costs of the claim arbitration shall in dispute is Rs. 50,000/-(Rupees Fifty Thousand) the first instance be borne by the respective party incurring such costs and abovefees, but the arbitrator shall give reasons for have the awarddiscretion to award costs and/or attorneys’ fees as he or she deems appropriate under the circumstances. Subject as aforesaidThe parties hereby expressly waive punitive damages, and under no circumstances shall an award contain any amounts that are in any way punitive in nature.
(c) Judgment on the provisions of award rendered by the Arbitration Act, 1940 or arbitrator may be entered in any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. court having jurisdiction thereof.
(d) It is a term of the Contract intended that the party invoking arbitration shall specify the dispute controversies or disputes to be referred claims submitted to arbitration under this Section 10 shall remain confidential, and to that end it is agreed by the clause together with parties that neither the amount for amounts claimed facts disclosed in respect of each such dispute. It is also a term of the Contract that if arbitration, the Contractor does not make any demand for arbitration in respect issues arbitrated, nor the view or opinions of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorpersons concerning them, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under disclosed to third persons at any time, except to the Contract extent necessary to enforce an award or judgment or as required by law or in respect of these claims. The arbitrator(sresponse to legal process or in connection with such arbitration.
(e) may from time to time with consent Notwithstanding the foregoing, each of the parties enlarge agrees that, prior to submitting a dispute under this Agreement to arbitration, the timeparties agree to submit for a period of sixty (60) days, for making and publishing to voluntary mediation before a jointly selected neutral third party mediator under the award. The decision auspices of JAMS, New York, New York Resolutions Center (or any successor location), pursuant to the procedures of JAMS International Mediation Rules conducted in New Jersey (however, such mediation or obligation to mediate shall not suspend or otherwise delay any termination or other action of the Engineer-in-charge regarding Company or affect the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractCompany’s other rights).
Appears in 2 contracts
Sources: Employment Agreement (Everest Re Group LTD), Employment Agreement (Everest Re Group LTD)
Arbitration. Except where otherwise provided 35.01. Either party may request arbitration of any matter in dispute which, pursuant to the terms of this Lease, expressly allows such dispute to be resolved by arbitration. The party desiring such arbitration shall give notice to the other party (the “Arbitration Notice”), (a) requesting that the dispute be submitted to arbitration, (b) setting forth with particularity the nature of the dispute sought to be arbitrated, and (c) stating that the party sending the Arbitration Notice desires to meet within ten (10) days with the other party to attempt to agree on a single arbitrator (the “Arbitrator”). If the parties shall not have agreed on a choice of an arbitrator within fifteen (15) days after the service of such Arbitration Notice, then either party may apply to the local office of the AAA, or if the AAA shall not then exist or shall fail, refuse or be unable to act such that the Arbitrator is not appointed by the AAA within thirty (30) day after application therefor, then either party may apply to the presiding judge of the Supreme Court of New York County (the “Court”) and the other party shall not raise any question as to the Court’s full power and jurisdiction to entertain the application and make the appointment. The date on which the Arbitrator is appointed by agreement of the parties, by the AAA or by appointment by the Court, is referred to herein as the “Appointment Date”. If any Arbitrator appointed hereunder shall be unwilling or unable, for reason, to serve, or continue to serve, a replacement shall be appointed in the Contractsame manner as the original Arbitrator.
(a) The arbitration shall be conducted in accordance with the then prevailing rules of the local office of the AAA, modified as follows:
(i) The Arbitrator shall be disinterested and impartial, shall not be Affiliated with any party to the arbitration, and shall have at least ten (10) years’ experience with the matter which is the subject of the arbitration.
(ii) Promptly following the Appointment Date, the Arbitrator shall hold one or more hearings with respect to the matter which is the subject of the arbitration. The hearings shall be held in the City of New York, at such location and time as shall be specified by the Arbitrator. Each of the parties shall be entitled to present all questions relevant evidence and disputes relating to cross-examine witnesses at the hearings. The Arbitrator shall have the authority to adjourn any hearing to such later date as the Arbitrator shall specify, provided that in all events all hearings shall be concluded not later than forty-five (45) days following the Appointment Date.
(iii) The Arbitrator shall render his or her determination in a signed and acknowledged written instrument, original counterparts of which shall be sent simultaneously to all of the parties to the arbitration, within ten (10) days after the conclusion of the hearing(s) required by clause (ii) of this subparagraph.
(b) The arbitration decision, determined as provided in this Section, shall be conclusive and binding on the parties, shall constitute an “award” by the Arbitrator within the meaning of the specifications, designs, drawings AAA rules and instructions herein before mentioned applicable law and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever judgment may be entered thereon in any way arising out court of or competent jurisdiction.
(c) Each party shall pay its own fees and expenses relating to the Contractarbitration (including, designswithout being limited to, drawingsthe fees and expenses of its counsel and of experts and witnesses retained or called by it). Each party shall pay one-half (1/2) of the fees and expenses of the AAA and of the Arbitrator, specificationsprovided that the Arbitrator shall have the authority to award such fees and expenses in favor of the prevailing party if the Arbitrator determines that the position of the non-prevailing party lacked substantial basis.
35.03. Landlord and Tenant agree to sign all documents and to do all other things necessary to submit any such matter to arbitration and further agree to, estimatesand hereby do waive, instructionsany and all rights they or either of them may at any time have to revoke their agreement hereunder to submit to arbitration and to abide by the decision rendered thereunder. For such period, orders or these conditions or otherwise concerning the worksif any, that this agreement to arbitrate is not legally binding or the execution or failure arbitrator’s award is not legally enforceable, the provisions requiring arbitration shall be deemed deleted, and matters to execute be determined by arbitration shall be subject to litigation.
35.04. Any dispute which is required by this Lease to be resolved by Expedited Arbitration shall be submitted to binding arbitration under the sameExpedited Procedures provisions (currently, whether arising during the progress Rules 56 through 60) of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration Arbitration Rules of the Chairman & Managing Director Real Estate Industry of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling AAA. In cases where the parties utilize such expedited arbitration: (i) the parties will have no right to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection object if the arbitrator so appointed is an employee was on the list submitted by the AAA and was not objected to in accordance with Rule 54 (except that any objection shall be made within four days from the date of Uranium Corporation mailing), (ii) the Notice of India LimitedHearing shall be given four days in advance of the hearing, Jaduguda (iii) the first hearing shall be held within seven (7) Business Days after the appointment of the arbitrator, (iv) if the arbitrator shall find that a party acted unreasonably in withholding or delaying a consent or approval, such consent or approval shall be deemed granted (but the arbitrator shall not have the right to award damages, unless the arbitrator shall find that such party acted in bad faith), and that he had to deal (v) the losing party in such arbitration shall pay the arbitration costs charged by the AAA and/or the arbitrator, together with the matters to which reasonable counsel fees and disbursements incurred by the Contract relates and that prevailing party in the course of his duties as connection with such he had expressed views on all or any of the matters in dispute or differencearbitration.
35.05. The arbitrators shall, in rendering any decision pursuant to this Article 35, answer only the specific question or questions presented to them. In answering such question or questions (and rendering their decision), the arbitrators shall be bound by the provisions of this Lease, and shall not add to, subtract from or otherwise modify such provisions.
35.06. Judgment may be had on the decision and award of an arbitrator rendered pursuant to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation provisions of the office of inability to act, shall appoint another person to act as arbitrator this Article 35 and may be enforced in accordance with the terms laws of the ContractState of New York.
35.07. Such person The provisions of this Article 35 shall not apply to any arbitration pursuant to Section 1.04(b), which shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed governed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of Article XX, Section 8(b) of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and Declaration.
35.08. The provisions of this Article 35 shall be applicable with regard to the rules made Lease whenever (x) there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term dispute between Landlord and Tenant as to (i) the reasonableness of Landlord’s refusal to consent to any Alterations within the Contract applicable time periods therefor set forth in this Lease, where Landlord has agreed that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with its consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open unreasonably withheld, conditioned or delayed, (ii) the reasonableness of Landlord’s refusal to arbitration. The arbitrator shall consent to any subletting or assignment, where Landlord has agreed that its consent would be deemed unreasonably withheld, conditioned or delayed, or (iii) Landlord’s refusal to have entered on consent to any other matter, where Landlord has agreed that its consent would not be unreasonably withheld, conditioned or delayed, within the reference on time period specified in this Lease for the date he issues notice to both the parties fixing the date granting of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitratorconsent, or (y) where otherwise provided in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this ContractLease.
Appears in 2 contracts
Sources: Operating Agreement (New York Times Co), Operating Agreement (New York Times Co)
Arbitration. Except where otherwise provided for (a) The Parties shall submit any disputes arising under this Agreement to an arbitration panel conducting a binding arbitration in the ContractBoston, all questions and disputes relating Massachusetts or at such other location as may be agreeable to the meaning of the specificationsParties, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms National Rules for the Resolution of Employment Disputes of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim American Arbitration Association in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference effect on the date he issues notice to both of such arbitration (the parties fixing “Rules”), and judgment upon the date of award rendered by the first hearing. The venue of Arbitration shall be such place as arbitrator or arbitrators may be fixed by the Arbitrator, entered in his sole discretionany court having jurisdiction thereof. The award of the Arbitrator arbitrator shall be finalfinal and shall be the sole and exclusive remedy between the Parties regarding any claims, conclusive counterclaims, issues or accountings presented to the arbitrator.
(b) The Parties agree that the arbitration shall be conducted by one (1) person mutually acceptable to the Company and binding the Executive, provided that if the Parties cannot agree on an arbitrator within thirty (30) days of filing a notice of arbitration, the arbitrator shall be selected by the manager of the principal office of the American Arbitration Association in Suffolk County in the Commonwealth of Massachusetts. Any action to enforce or vacate the arbitrator’s award shall be governed by the federal Arbitration Act, if applicable, and otherwise by applicable state law.
(c) If either Party pursues any claim, dispute or controversy against the other in a proceeding other than the arbitration provided for herein, the responding Party shall be entitled to dismissal or injunctive relief regarding such action and recovery of all costs, losses and attorney’s fees related to such action. Notwithstanding anything to the contrary contained in this Agreement, the Company and its subsidiaries shall be entitled to fully enforce their legal and equitable rights (including the right to seek an injunction) under the terms of the Noncompetition Agreement.
(d) The Executive acknowledges and expressly agrees that this arbitration provision constitutes a voluntary waiver of trial by jury in any action or proceeding to which the Executive or the Company may be parties arising out of or pertaining to this ContractAgreement.
Appears in 2 contracts
Sources: Change in Control Agreement, Change in Control Agreement (Brooks Automation Inc)
Arbitration. Except where otherwise provided for in the Contract(a) Any dispute, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship claim or materials used on the work controversy arising from or as to any other question, claim, right, matter or thing whatsoever related in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, this Agreement or the execution interpretation, application, breach, termination or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment validity thereof, shall be referred to including any claim of inducement of this Agreement by fraud or otherwise, not resolved under the sole arbitration provisions of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There Section 14.5.1 will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda resolved by final and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator binding arbitration conducted in accordance with the terms of this Section 14.5.3. The arbitration will be held in New York, New York, USA according to Rules of Arbitration of the ContractInternational Chamber of Commerce (“ICC”). Such person shall The arbitration will be entitled conducted by a panel of three arbitrators with significant experience in the pharmaceutical industry, unless otherwise agreed by the Parties, appointed in accordance with applicable ICC rules. Any arbitration herewith will be conducted in the English language to proceed with the reference from maximum extent possible. The arbitrators will render a written decision no later than six months following the stage at which his predecessor left it. It is also selection of the arbitrators, including a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if basis for any reasondamages awarded and a statement of how the damages were calculated. Any award will be promptly paid in U.S. dollars free of any tax, that is not possiblededuction or offset. Each Party agrees to abide by the award rendered in any arbitration conducted pursuant to this Section 14.5.3. With respect to money damages, nothing contained herein will be construed to permit the arbitrator or any court or any other forum to award punitive or exemplary damages, except in the case of breach of Article 7. By entering into this agreement to arbitrate, the matter is not Parties expressly waive any claim for punitive or exemplary damages, except in the case of breach of Article 7. Each Party will pay its legal fees and costs related to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause(including witness and expert fees). It is a term of Judgment on the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, award so rendered will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitratorentered in any court having jurisdiction thereof.
(b) EACH PARTY HERETO WAIVES ITS RIGHT TO TRIAL OF ANY ISSUE BY JURY. EACH PARTY HERETO WAIVES ANY CLAIM FOR ATTORNEYS’ FEES AND COSTS AND PREJUDGMENT INTEREST FROM THE OTHER.
(c) EXCEPT FOR LOSSES COVERED BY THE INDEMNITIES PROVIDED UNDER ARTICLE 11, in his sole discretion. The award of the Arbitrator shall be finalAND ANY BREACH OF THE CONFIDENTIALITY RESTRICTIONS UNDER ARTICLE 7, conclusive and binding all the parties to this ContractEACH PARTY HERETO WAIVES (1) ANY CLAIM TO PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES FROM THE OTHER; AND (2) ANY CLAIM OF CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FROM THE OTHER.
Appears in 2 contracts
Sources: Collaboration and License Agreement, Collaboration and License Agreement (Regulus Therapeutics Inc.)
Arbitration. (a) Subject to Sections 14.5 and 15.1, all Disputes shall be settled by arbitration conducted in New York, NY or such other place as the parties may agree. If the applicable parties are unable to resolve any Dispute, such Dispute shall be submitted to mandatory and binding arbitration at the election of any party to the Dispute (the “Disputing Party”). Except where as otherwise provided in this Section 15.2, the arbitration shall be pursuant to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) and the AAA’s Supplementary Procedure for Large, Complex Disputes. Each of the arbitrators in the Contract, all questions and disputes relating to panel of three arbitrators (the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, “Arbitration Panel”) shall be referred an attorney licensed to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that practice law in the course of his duties as such he had expressed views on all or United States for at least fifteen (15) years and experienced in representing businesses in commercial matters and provided that no arbitrator shall have represented any of the matters parties to this Agreement in dispute or differenceany matter whatsoever during the prior ten (10) years. The If only two parties are involved in the Dispute, then each party to the Dispute shall select one arbitrator to whom and the matter is originally referred being transferred or vacating his office or being unable to act for any reasonstwo arbitrators so selected shall select a third, such Chairman & Managing Director as aforesaid at neutral arbitrator. If all three parties are involved in the transferDispute, vacation of then the office of inability to act, shall appoint another person to act as Dispute will be decided by a single neutral arbitrator selected in accordance with the terms of the Contract. Such person shall be entitled AAA rules specified above.
(b) The arbitration proceedings and all testimony, filings, documents and information relating to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply presented during the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator proceedings shall be deemed to be information subject to the confidentiality provisions of this Agreement. Subject to Section 15.2(f), the Arbitration Panel will have entered on no power or authority, under the reference on Commercial Arbitration Rules of the date he issues notice AAA or otherwise, to both relieve the parties fixing from their agreement hereunder to arbitrate or otherwise to amend or disregard any provision of this Agreement, except as contemplated in Section 8.2.
(c) Within fifteen (15) days after the date closing of the first arbitration hearing, the Arbitration Panel shall prepare and distribute to the applicable parties a writing setting forth the Arbitration Panel's finding of facts, conclusions of law and award relating to the Dispute, including the reasons for the giving or denial of any award. The venue of Arbitration findings and conclusions and the award, if any, shall be such place as may deemed to be fixed information subject to the confidentiality provisions of this Agreement. Notwithstanding anything contained in this Section 15.2 to the contrary, the applicable parties shall use commercially reasonable efforts to conclude any arbitration proceedings within ninety (90) days of the commencement thereof.
(d) Any award rendered by the Arbitrator, in his sole discretion. The award of the Arbitrator shall Arbitration Panel will be final, conclusive and binding upon the applicable parties and any judgment hereon may be entered and enforced in any court of competent jurisdiction.
(e) Each applicable party will bear the fees, costs and expenses of the arbitrator which it selected. Each applicable party will bear an equal share of all fees, costs and expenses of the third neutral arbitrator and all fees and expenses of the AAA in connection with the dispute resolution proceeding. Notwithstanding any law or AAA rules to the contrary, each party will bear all the parties fees, costs and expenses of its own attorneys, experts and witnesses; provided, however, that in connection with any judicial proceeding to compel arbitration pursuant to this ContractAgreement or to enforce any award rendered by the Arbitration Panel, the prevailing party in such a proceeding will be entitled to recover reasonable attorneys' fees and expenses incurred in connection with such proceeding, in addition to any other relief to which it may be entitled.
(f) The parties acknowledge and agree that performance of the obligations under this Agreement necessitates the use of instrumentalities of interstate commerce.
(g) Notwithstanding the requirement to submit all Disputes within the scope of Section 15.2 to mandatory and binding arbitration and to follow the escalation procedures set forth in Section 15.1, this provision shall not limit any party’s right to obtain any provisional or other remedy, including specific performance or injunctive relief, from any court of competent jurisdiction, as may be necessary pending arbitration or other resolution of the Dispute as contemplated by this Section 15.2 to protect its rights under this Agreement, including its rights under ARTICLE 8, ARTICLE 10 and ARTICLE 13. The parties recognize that remedies under law with respect to any breach of this Agreement may be inadequate and that any party may seek specific performance, injunctive relief or other equitable relief from a court pursuant to Section 14.5 or on a provisional basis under this Section 15.2(g) or from an Arbitration Panel pursuant to this Section 15.2 to prevent or remedy a breach hereof, including a breach of ARTICLE 8, ARTICLE 10, ARTICLE 13 or ARTICLE 14.
Appears in 2 contracts
Sources: Third Party Agreement (GRANDPARENTS.COM, Inc.), Third Party Agreement (GRANDPARENTS.COM, Inc.)
Arbitration. Except where otherwise provided for All disputes under this Agreement may at the election of the Indemnified Party, be settled by arbitration in the ContractWilmington, all questions and disputes relating Delaware, pursuant to the meaning rules of the specifications, designs, drawings and instructions herein American Arbitration Association (the "ASSOCIATION") before mentioned and as a panel of three (3) arbitrators. Arbitration may be commenced at any time by a party hereto giving written notice to the quality of workmanship or materials used on the work or as to any all other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be parties hereto that such dispute has been referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom party (or parties) initiating the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person arbitration shall be entitled to proceed select one arbitrator, the other party (or parties) shall be entitled to select one arbitrator, and the two arbitrators so selected shall select the third arbitrator; provided, that, all three of the arbitrators shall be selected from a list of arbitrators with expertise in commercial disputes and/or contract interpretation maintained by the reference from Association. Any award rendered by the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Directorarbitrators shall be conclusive and binding upon the parties hereto; provided, as aforesaid should act as arbitrator and if for any reasonhowever, that is not possible, the matter is not to any such award shall be referred to arbitration at all. In all cases where the amount accompanied by a written opinion of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, arbitrators giving the arbitrator shall give reasons for the award. Subject as aforesaid, This provision for arbitration shall be specifically enforceable by the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof parties and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof arbitrator in respect of rates for substandard work, which may be decided to be accepted, will accordance herewith shall be final and would binding and there shall be no right of appeal therefrom. Each party shall pay its own expense of arbitration and the expenses of the arbitrators shall be equally shared; provided, however, that if in the opinion of the arbitrators any claim made was unreasonable, the arbitrators may assess, as part of their award, all or any part of the arbitration expenses of the other party (including reasonable attorneys' fees) and of the arbitrators against the party raising such unreasonable claim, defense or objection. To the extent that arbitration may not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all legally permitted hereunder or the parties to this Contractany dispute hereunder may not at the time of such dispute mutually agree to submit such dispute to arbitration any party may commence a civil action in the federal district courts in Wilmington, Delaware, and the parties agree to submit to the personal jurisdiction of such court. Each party hereto irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any proceeding brought in the federal district courts in Wilmington, Delaware, any claim that any proceeding brought in such a court has been brought in an inconvenient forum, and any right to which it may be entitled on account of its place of residence or domicile.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Macquarie Infrastructure Assets LLC), Stock Purchase Agreement (Macquarie Infrastructure CO Trust)
Arbitration. Subject to paragraph 12 (G) of this agreement, the parties to this Agreement reserve the right to seek equitable relief from any court authorized to issue an injunction or extraordinary writ with respect to any breach or threatened breach of this agreement. Except where as so reserved, the parties shall submit any disputes arising under the terms of this Agreement to arbitration as set forth in this paragraph. Except as otherwise provided for in the Contractthis Agreement, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, this Agreement shall be referred to the sole decided by arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms commercial rules and regulations of Judicial Arbitration and Mediation Services ("JAMS"), except to the extent such rules and regulations are inconsistent with the provisions of this Section 21). All arbitration proceedings hereunder shall be conducted in Pleasanton, California. The substantive law of the Contract. Such person State of California shall be entitled applied by the jointly selected arbitrator to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount resolution of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, provided that the decision of the arbitrator shall give reasons be based upon the express terms, covenants and conditions of this Agreement. If the parties to the dispute agree on one arbitrator, the arbitration shall be conducted by such arbitrator. If the parties to the dispute do not so agree, they shall request JAMS to provide a list of three (3) potential arbitrators, each party shall notify JAMS of one (1) of the potential arbitrators on the list who is not acceptable to such party, and the potential arbitrator on the list who is not identified by the parties as unacceptable shall be the arbitrator who will conduct the arbitration. Each party to the dispute reserves the right to object to any individual arbitrator who is employed by or affiliated with another party. The parties to the dispute shall have the right to conduct discovery as specified for up to one month. Such discovery shall include the right to take depositions and subpoena witnesses. At the request of the Superintendent, arbitration proceedings shall be conducted in the utmost confidentiality. In such case, all documents, testimony and records shall be received, heard and maintained by the arbitrator in confidentiality under seal, available for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent inspection only of the parties enlarge to the time, for making dispute and publishing the awardtheir respective attorneys and experts who have agreed in advance in writing to receive and maintain all such information in confidence until such information becomes generally known. The decision arbitrator shall issue a written opinion of the Engineer-in-charge regarding the quantum arbitrator's findings of reduction as well as justification thereof in respect fact and conclusions of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationlaw. The arbitrator shall be deemed able to have entered on decree any and all relief of an equitable nature, including, without limitation, such relief as a temporary restraining order and a preliminary or permanent injunction, and shall also be able to award damages, with or without an accounting, and costs, except that the reference on prevailing party shall be entitled to its reasonable attorney’s fees. The decrees or judgment of an award rendered by the date he issues notice to both arbitrators shall be binding upon the parties fixing the date and may be entered in any court having jurisdiction thereof. Reasonable notice of the first hearingtime and place of arbitration shall be given to all persons as required by law. Such persons and their authorized representative shall have the right to attend or participate in all the arbitration hearings in such manner as the law requires. The venue costs and expenses of Arbitration arbitration shall be such place paid as may be fixed agreed to by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractduring arbitration.
Appears in 2 contracts
Sources: Employment Agreement, Employment Agreement
Arbitration. Except where otherwise provided To ▇▇▇▇▇▇ good government-to-government relationships and to assure that the Tribe is not unreasonably prevented from commencing a Project and benefiting therefrom, if an intergovernmental agreement with the County is not entered within seventy-five (75) days of the submission of the Final TEIR, or such further time as the Tribe and the State (for purposes of this section “the parties”) may agree in the Contractwriting, all questions and either party may demand binding arbitration before a JAMS arbitrator pursuant to JAMS Comprehensive Arbitration with respect to any remaining disputes relating arising from, connected with, or related to the meaning negotiation. The arbitration shall be conducted as follows:
(a) Each party shall exchange with each other within five (5) days of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(sits last, best written offer made during the negotiation pursuant to section 11.7.
(b) in writing The arbitrator shall schedule a hearing to be heard within 90 thirty (30) days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of his or her appointment unless the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided agree to be accepted, will be final and would not be open to arbitrationa longer period. The arbitrator shall be deemed limited to have entered awarding only one (1) of the offers submitted, without modification, based upon that proposal which best provides feasible mitigation of Significant Effects on the reference Off-Reservation Environment and on public safety and most reasonably compensates for public services pursuant to section 11.7, without unduly interfering with the principal objectives of the Project or imposing environmental mitigation measures which are different in nature or scale from the type of measures that have been required to mitigate impacts of a similar scale of other projects in the surrounding area, to the extent there are such other projects.
(c) The arbitrator shall take into consideration whether the Final TEIR provides the data and information necessary to enable the County to determine both whether the Project may result in a Significant Effect on the date he issues notice Environment and whether the proposed measures in mitigation are sufficient to both mitigate any such effect.
(d) If the parties fixing respondent does not participate in the date arbitration, the arbitrator shall nonetheless conduct the arbitration and issue an award, and the claimant shall submit such evidence as the arbitrator may require therefore. Review of the first hearing. resulting arbitration award is waived.
(e) To effectuate this section, and in the exercise of its sovereignty, the Tribe agrees to expressly waive, and to waive its right to assert, sovereign immunity in connection with the arbitrator’s jurisdiction and in any action to (i) enforce the other party’s obligation to arbitrate, (ii) enforce or confirm any arbitral award rendered in the arbitration, or (iii) enforce or execute a judgment based upon the award.
(f) The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The arbitral award will become part of the Arbitrator shall be final, conclusive and binding all intergovernmental agreements with the parties to this ContractState required under section 11.7.
Appears in 2 contracts
Sources: Tribal State Compact, Tribal State Compact
Arbitration. Except where otherwise If any dispute has not been resolved by Mediation as provided for in subparagraph 6(a) of this Agreement, the Contract, all questions Parties will submit such dispute to final and disputes relating binding arbitration pursuant to the meaning then-current AAA national rules for the resolution of employment disputes before a neutral arbitrator selected from the specificationslist of Arbitrators. THE PARTIES EXPRESSLY AGREE THAT SUCH ARBITRATION SHALL BE THE EXCLUSIVE REMEDY FOR ANY DISPUTE INVOLVING THIS AGREEMENT, designsTHE EXECUTIVE’S EMPLOYMENT, drawings and instructions herein before mentioned and as TERMINATION, COMPENSATION, OR BENEFITS AND HEREBY EXPRESSLY WAIVE ANY RIGHT THEY HAVE, OR MAY HAVE, TO A COURT TRIAL OR A JURY TRIAL OF ANY SUCH DISPUTE. In making an award, the arbitrator shall have no power to add to, delete from or modify this Agreement, or to enforce purported unwritten or prior agreements, or to construe implied terms or covenants into the Agreement. In reaching a decision, the arbitrator shall adhere to the quality of workmanship or materials used on the work or as relevant law and applicable precedent, and shall have no power to any other questionvary therefrom. In construing this Agreement, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, its language shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda given a fair and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator reasonable construction in accordance with the terms intention of the Contract. Such person shall be entitled parties and without regard to proceed with the reference from the stage at which his predecessor left party drafted it. It is also At the time of issuing a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and abovedecision, the arbitrator shall give (in the decision or separately) make specific findings of fact, and shall set forth such facts as support the decision, as well as conclusions of law, and the reasons and bases for the opinion. In the event the arbitrator exceeds the powers or jurisdiction here conferred, or fails to issue a decision in conformance herewith, it is specifically agreed that the aggrieved party may petition a court of competent jurisdiction to correct or vacate such award, and that the arbitrator’s act of exceeding his or her powers shall be grounds for granting such relief. Subject as aforesaid, the If any one or more provisions of this arbitration clause shall for any reason be held invalid or unenforceable, it is the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent specific intent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator that such provisions shall be deemed modified to have entered on the reference on the date he issues notice minimum extent necessary to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive make it or its application valid and binding all the parties to this Contractenforceable.
Appears in 2 contracts
Sources: Employment Agreement (GWG Holdings, Inc.), Employment Agreement (GWG Holdings, Inc.)
Arbitration. Except where otherwise provided for 8.01 If a grievance has not been settled after the foregoing procedure has been exhausted, either party may, within ten (10) working days of the decision of Management, request in writing that the Contract, all questions and disputes relating grievance be submitted to arbitration subject to the meaning provisions of 8.04 and 8.05.
8.02 The parties will meet in an attempt to select an Arbitrator. Failing agreement between the specifications, designs, drawings and instructions herein before mentioned and parties as to the quality selection of workmanship or materials used on an Arbitrator within fifteen (15) working days, the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall may be referred to the sole arbitration Minister of Labour for the Province of Ontario for the appointment of an Arbitrator.
8.03 The Union and the Company shall each be responsible for one-half of the Chairman & Managing Director expenses of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act fee payable to the sole arbitrationArbitrator, of some other person appointed by and the Chairman & Managing DirectorUnion and the Company agree that, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, notwithstanding the provisions of the Ontario Arbitration Act, 1940 the expenses of and fee payable to the Arbitrator shall be such as the Arbitrator may reasonably require.
8.04 All differences between the parties arising from the interpretation, application, administration or alleged violation of this Agreement, including any statutory modification question as to whether such a matter is arbitrable, shall be arbitrable. No other difference shall be arbitrable.
8.05 An Arbitrator shall not alter, add to, subtract from, modify or re-enactment thereof amend any part of this Agreement.
8.06 The Company delegates to the Arbitrator full discretion in cases of disciplinary action and discharge, except in the rules case of a probationary employee.
8.07 No claims, including claims for back wages, by an employee covered by this Agreement, or by the Union against the Company shall be valid for a period prior to the date the grievance was first filed in writing, unless the circumstances of the case made there under and it impossible for the time being employee, or for the Union, as the case may be, to know that the employee, or the Union had grounds for such a claim prior to that date, in forcewhich case the claim shall be limited retroactively to a period of sixty (60) days prior to the date the claim was first filed in writing.
8.08 Should any employee or the Union desire to take advantage of the procedure provided for herein for the settlement of grievances, each step in such procedure, up to and including the reference to appoint an Arbitrator, shall apply be taken by such employee or the arbitration proceeding under this clause. It is a term of Union, as the Contract that case may be, within the party invoking arbitration shall specify time limits prescribed herein or the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor grievance will be deemed to have been waived finally abandoned.
8.09 Any time limits fixed by the Grievance Procedure or the Arbitration procedure, Saturday, Sunday, and absolutely barred Holidays will not be considered for this purpose as working days.
8.10 Any time limits fixed by the Grievance Procedure for the taking of any action in connection with a specific written grievance may be extended by written agreement of the Personnel Director and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent Chairperson of the parties enlarge the timeGrievance Committee.
8.11 Any case appealed to Arbitration involving a continuing refusal of Management to return an employee to work from sick leave of absence which has continued for twenty-six (26) weeks or longer, for making and publishing the award. The decision by reason of the Engineer-in-charge regarding medical findings of a physician or physicians acting for the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be acceptedCompany, will be reviewed between the Management and the General President of the Union or the specified representative, if such findings are in conflict with the findings of the employee's personal physician with respect to whether the employee is able to do a job to which such employee is entitled in line with seniority. Failing to resolve the question, the parties may by mutual agreement, refer the employee to a clinic or physician mutually agreed upon whose decision with respect to whether the employee is or is not able to do the job to which such employee is entitled in line with seniority shall be final and would not be open to arbitrationbinding upon the Union, the employee involved and the Company. The arbitrator expense of such examination shall be deemed paid one-half by the Company and one- half by the Union. Any retroactive pay due to have entered on the reference on the date he issues notice employee shall be limited to both the parties fixing a period commencing with the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award filing of the Arbitrator shall be finalgrievance, conclusive and binding all or the parties date the employee became able to this Contractdo a job to which such employee is entitled in line with seniority, whichever is the later.
Appears in 2 contracts
Arbitration. (a) Except where as otherwise expressly provided for in this Section 15.6, the ContractParties agree that any dispute, all questions and disputes relating to the meaning of the specificationsclaim or controversy arising under, designsout of, drawings and instructions herein before mentioned and or in connection with this Agreement (a “Dispute”) as to the quality breach, performance or interpretation of workmanship or materials used on the work or as to any other questionthis Agreement, claimsuch Dispute shall, right, matter or thing whatsoever in any way arising out upon written notice of or relating either Party to the Contractother, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole for resolution by final, binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms provisions of this Section 15.6. The arbitration shall be conducted by the Judicial Arbitration and Mediation Services, Inc. (or any successor entity thereto) (“JAMS”) under its rules of arbitration then in effect, except as modified in this Agreement. The arbitration shall be conducted in the English language, by a single arbitrator. The arbitrator shall engage an independent expert with experience in the subject matter of the Contract. Such person shall be entitled Dispute to proceed with advise the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for arbitrator.
(b) With respect to any reason, that is not possible, the matter is not to be Dispute referred to arbitration at all. In all cases where pursuant to Section 15.6(a), the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) Parties and above, the arbitrator shall give reasons for use all reasonable efforts to complete any such arbitration within six (6) months from the award. Subject as aforesaid, the provisions issuance of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is notice of a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect referral of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open such Dispute to arbitration. The arbitrator shall determine what discovery will be deemed permitted, consistent with the goal of limiting the cost and time which the Parties must expend for discovery; provided that the arbitrator shall permit such discovery as he or she deems necessary to have entered on the reference on the date he issues notice to both the parties fixing the date permit an equitable resolution of the first hearingDispute.
(c) The Parties agree that the decision of the arbitrator shall be the sole, exclusive and binding remedy between them regarding the Dispute presented to the arbitrator. Any decision of the arbitrator may be entered in a court of competent jurisdiction for judicial recognition of the decision and an order of enforcement. The venue arbitration proceedings and the decision of Arbitration the arbitrator shall not be made public without the joint consent of the Parties and each Party shall maintain the confidentiality of such proceedings and decision unless each Party otherwise agrees in writing; provided that either Party may make such disclosures as are permitted for Proprietary Information of the other Party under Article X above.
(d) Unless otherwise mutually agreed upon by the Parties, the arbitration proceedings shall be such place as may be fixed conducted in San Diego, California. The Parties agree that they shall share equally the cost of the arbitration filing and hearing fees, the cost of the independent expert retained by the Arbitratorarbitrator, in his sole discretion. The award and the cost of the Arbitrator arbitrator and administrative fees of JAMS. Each Party shall be finalbear its own costs and attorneys’ and witnesses’ fees and associated costs and expenses.
(e) Pending the selection of the arbitrator or pending the arbitrator’s determination of the merits of any Dispute, conclusive and binding all either Party may seek appropriate interim or provisional relief from any court of competent jurisdiction as necessary to protect the parties to this Contractrights or property of that Party.
Appears in 2 contracts
Sources: License Agreement (Santarus Inc), License Agreement (Santarus Inc)
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship Any controversy or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claim arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or any alleged breach hereof shall be finally determined by a single arbitrator, jointly selected by Employee and Employer, provided that if Employee and Employer are unable to agree upon a single arbitrator after reasonable efforts, the execution or failure to execute arbitrator shall be an impartial arbitrator selected by the same, whether arising during American Arbitration Association. Each party hereto shall share equally the progress costs of the work arbitrator, and the parties agree that the costs of arbitration shall not be subject to reapportionment by the arbitrator; provided, however, that if following a termination of Employee’s employment that follows a Change in Control or after if following a termination of Employee’s employment for Good Reason that follows any person other than R▇▇▇▇ ▇. ▇▇▇▇▇ commencing service as the completion or abandonment thereofsenior most executive officer of MEDNAX, Employee seeks arbitration to enforce the terms of this Agreement, Employer shall bear all costs associated with such arbitration, including but not limited to all costs of the arbitrator, and shall reimburse Employee on a monthly basis for his reasonable legal and other expenses, including all fees, incurred in connection with any such arbitration. The arbitration proceedings shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limitedheld in Sunrise, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitrationFlorida, of some other person appointed unless otherwise mutually agreed by the Chairman & Managing Directorparties, willing to act as such arbitrator. There will and shall be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator conducted in accordance with the terms American Arbitration Association National Rules for the Resolution of Employment Disputes then in effect. Judgment on the Contractaward rendered by the arbitration panel may be entered and enforced by any court having jurisdiction thereof. Such person Any such arbitration shall be treated as confidential by all parties thereto, except as otherwise provided by law or as otherwise necessary to enforce any judgment or order issued by the arbitrators. Notwithstanding anything herein to the contrary, if Employer or Employee shall require immediate injunctive relief, then the party shall be entitled to proceed with seek such relief in any court having jurisdiction, and if the reference party elects to do so, the other party hereby consents to the jurisdiction of the state and federal courts sitting in the State of Florida and to the applicable service of process. Employee and Employer hereby waive and agree not to assert, to the fullest extent permitted by applicable law, any claim that (i) they are not subject to the jurisdiction of such courts, (ii) they are immune from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed any legal process issued by such Chairman & Managing Directorcourts and (iii) any litigation or other proceeding commenced in such courts is brought in an inconvenient forum. In the event that either party hereto brings suit seeking injunctive relief, as aforesaid should act as arbitrator the party found to be at fault shall pay all reasonable court costs and if for any reasonattorneys' fees of the other, whether such costs and fees are incurred in a court of original jurisdiction or one or more courts of appellate jurisdiction. Notwithstanding the foregoing, in the event that Employer brings suit against Employee seeking injunctive relief, Employer agrees to advance all of Employee’s reasonable legal and other expenses, including all fees, incurred by Employee in connection with such action, provided, however, that is not possibleif Employer ultimately prevails in seeking injunctive relief, the matter is not to be referred to arbitration at all. In Employee shall reimburse Employer all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) such advanced legal fees and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractother expenses.
Appears in 2 contracts
Sources: Employment Agreement (Mednax, Inc.), Employment Agreement (Mednax, Inc.)
Arbitration. Except where otherwise provided for If the Claim is not resolved by negotiation by the conclusion of the negotiation period referred to above, such Claim shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Title 9 of the Contract, all questions and disputes relating U.S. Code. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
(a) Any Participating Party desiring to commence arbitration shall send a written notice (an "Arbitration Notice") to the meaning of the specifications, designs, drawings other Participating Parties and instructions herein before mentioned and as to the quality of workmanship or materials used on AAA describing the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda dispute and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with setting forth the matters to which be resolved by the Contract relates and that in the course of his duties as such he had expressed views on all or any arbitration. Within ten Business Days of the date of such notice (the "Notice Period"), any other Participating Party may, if such Participating Party does not agree with the description or statement of matters in to be resolved, send an Arbitration Notice to the other Participating Parties and to the AAA describing the dispute or differenceand setting forth the matters to be resolved by the arbitration. The Within ten Business Days of the end of the Notice Period, the Participating Parties shall, if they can agree, select an arbitrator to whom resolve the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at dispute. In the transfer, vacation event that the Participating Parties have not selected an arbitrator within ten Business Days of the office end of inability to actthe Notice Period, then the dispute shall appoint another person to act as arbitrator be resolved by majority decision of a panel of three arbitrators, selected by the AAA in accordance with its rules.
(b) In selecting arbitrators, the Participating Parties or the AAA shall select persons who are experienced in and knowledgeable about the information technology and telecommunications industries and are rendering no advice or services to, and within the past two years have rendered no material advice or services to, any Party to this Agreement.
(c) The place of arbitration shall be Austin, Texas.
(d) The arbitrator(s) shall have no authority to award punitive damages or any other damages not measured by the prevailing Party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of this Agreement.
(e) At any time after the Contractcommencement of a proceeding hereunder, any Party may make an application to the arbitrators seeking injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved. Such person Any Participating Party may also apply to any court having jurisdiction hereof at any time to seek injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved.
(f) The award shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms made within one month of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions filing of the Arbitration ActNotice, 1940 or any statutory modification or re-enactment thereof and the rules made there under arbitrator(s) shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the Parties or by the arbitrator(s) if necessary. The failure to meet these time limits shall not invalidate the award when rendered.
(g) Except as required by law or by regulation, or with the consent of all Parties involved in the proceeding, no Party hereto shall disclose or disseminate any information relating to a Claim or to the dispute resolution proceedings called for hereby except for disclosure to those of its officers, employees, accountants, attorneys and for the time being agents whose duties reasonably require them to have access to such information.
(h) The Participating Parties in force, shall apply the arbitration proceeding under this clause. It is a term shall share equally the costs and expenses of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator Each Participating Party shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive otherwise bear its own fees and binding all the parties to this Contractexpenses.
Appears in 2 contracts
Sources: Supplemental Agreement (Prodigy Communications Corp), Supplemental Agreement (SBC Communications Inc)
Arbitration. Except where otherwise provided for (a) Any grievance or other matter in dispute involving the Contract, all questions and disputes relating to the meaning interpretation or application of the specificationsprovisions of this Agreement, designsnot settled by the grievance procedure in Article XX, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall may be referred to an arbitrator as hereinafter provided.
(b) Either party may institute arbitration proceedings when the sole arbitration grievance procedure has been exhausted by written demand upon the other party specifying the nature of the Chairman & Managing Director unsettled grievance or any other matter in dispute and the remedy requested. Such demand must be made within thirty days of Uranium Corporation the Union's receipt of India Limitedthe Authority's Step 3 decision of the grievance procedure or, Jaduguda and if the Chairman and Managing Director no decision is unable or unwilling to act to the sole arbitrationissued, of some other person appointed by the Chairman & Managing Directorlast day of the period permitted for issuing such decision. Within fifteen days following the presentation of such demand, willing the party demanding arbitration shall request the New Jersey Public Employment Relations Commission ("PERC") to act as such arbitrator. There will be no objection if provide an arbitrator to hear the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that arbitration in the course manner set forth in the Rules and Regulations of his duties as PERC. If such he had expressed views on all or any demand is not filed with PERC within forty-five days of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation Union's receipt of the office of inability to actAuthority's Step 3 decision or, shall appoint another person to act as arbitrator in accordance with the terms if no decision is issued of the Contract. Such person shall be entitled to proceed with last day of the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by period permitted for issuing such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possibledecision, the matter is not grievance shall cease to be referred to arbitration at all. In all cases where the amount exist.
(c) The decision of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give be in writing and shall include the reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof each finding and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardconclusion. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed binding upon the Authority and Union for the duration of this Agreement.
(d) The arbitrator appointed or selected pursuant to this Article may not alter, in any way, the provisions of this Agreement.
(e) In the event an arbitrator shall award retroactive pay to an aggrieved employee (employees), it is agreed that any interim wages or unemployment benefits which the employee (employees) may have entered on earned elsewhere during the reference on period covered by the date he issues notice award shall be deducted from the same.
(f) In the event of a change in the law governing the New Jersey Public Employment Relations Commission or its rules and regulations which would in any way effect the method of selection of an arbitrator, then, in the alternative, the party demanding the arbitration shall refer the matter to both the parties fixing American Arbitration Association to provide an arbitrator and for arbitration proceedings pursuant to the date rules of the first hearingAmerican Arbitration Association.
(g) Each party shall bear the expense of its own representatives. The venue expenses of Arbitration the neutral arbitrator and any general expenses of the arbitration, if any, shall be borne equally by both parties, except that any party unilaterally causing postponement of a scheduled arbitration shall bear any expense of the arbitrator resulting from the postponement.
(h) Nothing herein shall be construed as restricting the right of any employee or group of employees to present their problems or requests directly to their supervisor or the Executive Director at any time for adjustment as long as the adjustment is not inconsistent with the terms of a collective negotiating contract or agreement then in effect; provided further, that the negotiating representative has been given opportunity to be present at such place as adjustment.
(i) The Authority may submit complaints to the Union Local Business Agent. If these are not settled they may be fixed by submitted to the Arbitrator, in his sole discretiongrievance procedure starting with the second step. The award same procedural requirements applicable to the Union in Article XX shall be applicable to the Authority except that Step 1 shall not apply to the Authority.
(j) In the event that an employee or aggrieved party chooses to pursue a federal, state or municipal statutory remedy over a matter where a grievance, arising over the same facts, is pending or has been resolved, the grievance shall be withdrawn from the grievance or arbitration procedure or where a resolution of the Arbitrator grievance has been made, to the extent it is inconsistent with any statutory remedy obtained, the grievance determination shall be final, conclusive and binding all have no effect. Nothing herein is intended to deny an employee any right of action or appeal which he may have under the parties to this Contractlaws of the State of New Jersey.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided for in the Contract, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to (a) The Parties shall promptly submit any other questiondispute, claim, right, matter or thing whatsoever in any way controversy arising out of or relating to this Agreement (including with respect to the Contractmeaning, designseffect, drawingsvalidity, specificationstermination, estimatesinterpretation, instructions, orders or these conditions or otherwise concerning the worksperformance, or enforcement of this Agreement) or any alleged breach thereof (including any action in tort, contract, equity, or otherwise), to binding arbitration before one arbitrator (the execution “Arbitrator”). Binding arbitration shall be the sole means of resolving any dispute, claim, or failure controversy arising out of or relating to execute this Agreement (including with respect to the samemeaning, whether arising during effect, validity, termination, interpretation, performance or enforcement of this Agreement) or any alleged breach thereof (including any claim in tort, contract, equity, or otherwise).
(b) If the progress Parties cannot agree upon the Arbitrator within five (5) Business Days of the work commencement of the efforts to so agree on an Arbitrator, each of the Parties shall select one arbitrator and the two arbitrators so selected shall select the Arbitrator.
(c) The laws of the State of Florida shall apply to any arbitration hereunder. In any arbitration hereunder, this Agreement and any agreement contemplated hereby shall be governed by the laws of the State of Florida applicable to a contract negotiated, signed, and wholly to be performed in the State of Florida, which laws the Arbitrator shall apply in rendering his decision. The Arbitrator shall issue a written decision, setting forth findings of fact and conclusions of law, within thirty (30) days after he shall have been selected. The Arbitrator shall have no authority to award punitive or after other exemplary damages.
(d) The arbitration shall be held in Alachua County, Florida in accordance with and under the completion then-current provisions of the rules of the American Arbitration Association, except as otherwise provided herein.
(e) On application to the Arbitrator, any Party shall have rights to discovery to the same extent as would be provided under the Federal Rules of Civil Procedure, and the Federal Rules of Evidence shall apply to any arbitration under this Agreement; provided, however, that the Arbitrator shall limit any discovery or abandonment thereofevidence such that his decision shall be rendered within the period referred to in Section 9.01(c).
(f) The costs of the arbitration proceeding and any proceeding in court to confirm any arbitration award or to obtain relief, as applicable (including actual attorneys’ fees and costs), shall be referred to borne by the sole arbitration unsuccessful Party and shall be awarded as part of the Chairman & Managing Director of Uranium Corporation of India LimitedArbitrator’s decision, Jaduguda and if unless the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as Arbitrator shall otherwise allocate such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that costs in the course of his duties as such he had expressed views on all or any of the matters in dispute or differencedecision. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award determination of the Arbitrator shall be final, conclusive final and binding upon the Parties and not subject to appeal.
(g) Any judgment upon any award rendered by the Arbitrator may be entered in and enforced by any court of competent jurisdiction. The Parties expressly consent to the non-exclusive jurisdiction of the courts (Federal and state) in Alachua County, Florida to enforce any award of the Arbitrator or to render any provisional, temporary, or injunctive relief in connection with or in aid of the Arbitration. The Parties expressly consent to the personal and subject matter jurisdiction of the Arbitrator to arbitrate any and all matters to be submitted to arbitration hereunder. None of the parties Parties hereto shall challenge any arbitration hereunder on the grounds that any party necessary to this Contractsuch arbitration (including the Parties) shall have been absent from such arbitration for any reason, including that such Party shall have been the subject of any bankruptcy, reorganization, or insolvency proceeding.
Appears in 2 contracts
Sources: Share Exchange Agreement (Harvest Health & Recreation Inc.), Share Exchange Agreement
Arbitration. Except where otherwise provided for as set forth in the ContractSection 6.7.2 or this Section 8.3, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way claims arising out of or relating related to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the worksthis Agreement, or a breach hereof, that are not otherwise resolved by the execution parties by negotiation or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, voluntary mediation shall be referred to the sole settled by binding arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contractprocedures set forth in this Section 8.3. Such person shall All arbitrations will be entitled to proceed with the reference from the stage conducted in Tampa, Florida, or at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed another location mutually approved by such Chairman & Managing Directorparties, as aforesaid should act as arbitrator and if for any reasonpursuant to the AAA Rules, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationby one arbitrator. The arbitrator shall be deemed to have entered on a lawyer who is disinterested in the reference on the date he issues notice to both the parties fixing the date controversy, shall be independent of the first hearingparties, shall have training and experience as an arbitrator and shall have a demonstrated reputation for fairness and integrity as an arbitrator. The venue of Arbitration arbitrator is directed by this Agreement to conduct the arbitration hearing expeditiously after demand for arbitration has been filed with the AAA. Depositions shall be such place permitted only as may be fixed deemed appropriate by the Arbitratorarbitrator, in his sole discretionupon motion of the party seeking deposition discovery, but shall be limited to no more than two (2) for each party. The parties to the arbitration will be entitled to conduct document discovery as deemed appropriate by the arbitrator. The arbitrator will resolve any discovery disputes. All parties hereto and the Company agree that the arbitrator shall have the power to subpoena documents or parties as provided by law. The award of the Arbitrator arbitrator shall provide for an allocation among the parties of all costs and expenses of the arbitration on a basis that is just and equitable under the circumstances and shall award reasonable attorney’s fees to the prevailing party. The arbitrator shall have no power to award punitive damages except to the extent authorized by any applicable statute. Notices of demand for arbitration must be given in writing to the Company and the other Shareholders in accordance with Section 9.3 within a reasonable time after the claim has arisen but in no event later than the date when institution of legal or equitable proceedings based on such claim would be barred by the applicable statute of limitations. The award of the arbitrator shall be finalin writing, conclusive shall be based on the evidence admitted and the applicable law as determined by the arbitrator and shall contain a reasoned award for each claim. The award rendered by the arbitrator is final and binding on all the parties to this Contractparties, and judgment may be entered upon it by any court of competent jurisdiction.
Appears in 2 contracts
Sources: Stock Purchase and Shareholders Agreement, Stock Purchase and Shareholders Agreement (Earthfirst Technologies Inc)
Arbitration. Except where otherwise provided for in Either the Contract, all questions and disputes relating Company or Executive may require that any dispute under this Agreement be submitted to arbitration pursuant to this Section 11. To the meaning extent the provisions of this Section 11 vary from or are inconsistent with the Commercial Arbitration Rules of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship American Arbitration Association or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaidtribunal, the provisions of this Section 11 shall govern. All arbitrations shall occur at a location in Austin, Texas chosen by the arbitrators and shall be conducted pursuant to the Commercial Arbitration Act, 1940 Rules of the American Arbitration Association (or any statutory modification successor organization, of if no such successor organization exists, then from an organization composed of persons of similar professional qualifications). The party desiring arbitration shall give notice that effect to the other party and simultaneously therewith also shall give notice to the director of the Dallas, Texas regional office of the American Arbitration Association (or re-enactment thereof and any successor organization, or if no such successor organization exists, then to an organization composed of persons of similar professional qualifications), requesting such organization to select, as soon as possible but in any event within the rules made there under and next thirty (30) days, three (3) arbitrators with, if reasonably possible, recognized expertise in the subject matter of the arbitration. At the request of either party, the arbitrators shall authorize the service of subpoenas for the time being in forceproduction of documents or attendance of witnesses. Within thirty (30) days after their appointment, the arbitrators so chosen shall apply the arbitration proceeding under this clause. It is hold a term hearing at which each party may submit evidence, be heard and cross-examine witnesses, with each party having at least ten (10) days advance notice of the Contract hearing. The hearing shall be conducted such that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if Company and Executive shall have reasonably adequate time to present oral evidence or argument, but either party may present whatever written evidence it deems appropriate prior to the Contractor does not make any demand for arbitration in respect hearing (with copies of any claim(s) in writing within 90 days of receiving such written evidence being sent to the intimation from other party). In the Corporation that the bill is ready for acceptance event of the Contractorfailure, the claim refusal or inability of the Contractor will be deemed any arbitrator to have been waived and absolutely barred and the company act, a new arbitrator shall be discharged and released of all liabilities under appointed in his stead, which appointment shall be made in the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardsame manner as hereinbefore provided. The decision of the Engineer-in-charge regarding arbitrators so chosen shall be given within a period of thirty (30) days after the quantum conclusion of reduction such hearing, and shall be accompanied by conclusions of law and findings of fact. The decision in which any two arbitrators so appointed and acting hereunder concur shall in all cases be binding and conclusive upon the parties and shall be the basis for a judgment entered in any court of competent jurisdiction. The fees and expenses of arbitration under this Section 11 shall be apportioned to the Company and Executive in such a manner as well as justification thereof in respect of rates for substandard work, which decided by the arbitrators. The Company and Executive may be decided to be accepted, will be final at any time by mutual written agreement discontinue arbitration proceedings and would not be open themselves agree upon any such matter submitted to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contract.
Appears in 2 contracts
Sources: Employment Agreement (Capstar Broadcasting Partners Inc), Employment Agreement (Capstar Broadcasting Partners Inc)
Arbitration. Except where otherwise provided for 4.1 In the event the Association elects to submit a grievance to arbitration, the arbitrator shall be selected according to, and shall be governed by, the procedure set forth in this Article.
4.2 The arbitrator shall be selected by mutual agreement of the Contractparties. If the parties cannot agree within seven (7) days after receipt by the Committee of written notice that the Association intends to arbitrate, all questions and disputes relating the Association may, within seventeen (17) days after such receipt, refer the grievance to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or differenceAmerican Arbitration Association. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator be selected in accordance with the terms then current rules of the ContractAmerican Arbitration Association applicable to labor arbitrations. Such person Any arbitration hereunder shall be entitled conducted in accordance with such rules, subject to proceed with the reference from the stage at which his predecessor left it. It is also a terms provisions of this Contract that Agreement. The Committee and the Association shall share equally in compensation and expenses of the arbitrator.
4.3 Either the Committee or the Association shall have standing to question arbitrability in arbitration or in an appropriate forum.
4.4 The function of the arbitrator is to determine the interpretation and application of specific provisions of this Agreement. There shall be no person other than a person appointed by such Chairman & Managing Directorright in arbitration to obtain, as aforesaid should act as and no arbitrator and if for shall have any reasonauthority or power to award or determine any change in, that is not possiblemodification or alteration of, addition to, or detraction from any of the matter is not to be referred to arbitration at allprovisions of this Agreement. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, reaching a decision the arbitrator shall give not substitute his/her judgment for that of the Committee, Superintendent or Principal, as the case may be; nor shall he/she set aside the decision of the Committee, Superintendent or Principal, as the case may be, unless he/she concludes that the Committee, Superintendent or Principal, as the case may be, was arbitrary and capricious, and he/she shall be subject to the principle that there are no restrictions intended on the rights or authority of the Committee, Superintendent or Principal, as the case may be, other than those expressly set forth herein. The arbitrator may or may not make his/her award retroactive as the equities of the case may require. Except in cases of group or class grievances, each grievance shall be separately processed in any arbitration proceedings hereunder unless the parties otherwise agree. The arbitrator shall furnish a written opinion specifying the reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the awardhis/her decision. The decision of the Engineer-in-charge regarding arbitrator, if within the quantum scope of reduction as well as justification thereof in respect of rates for substandard workhis/her authority and power under this Agreement, which may be decided to be accepted, will shall be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on binding upon the reference on Committee, Superintendent or Principal, as the date he issues notice to both case may be, the parties fixing Association and the date of teacher(s) who initiated the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractgrievance.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
Arbitration. Except where otherwise provided (a) Any and all disputes regarding the Indemnitee’s entitlement to indemnification or advancement of expenses that cannot be settled amicably, including any ancillary claims of any party arising out of, relating to or in connection with the validity, negotiation, execution, interpretation, performance or non-performance of this Agreement (including without limitation the arbitrability of any issue under this Agreement and the validity, scope and enforceability of this arbitration provision) may, at the Indemnitee’s option, be finally settled by arbitration conducted by a single arbitrator in New York, New York in accordance with the then-existing CPR Administered Employment Arbitration Rules of the International Institute for Conflict Prevention & Resolution. If the parties to the dispute fail to agree on the selection of an arbitrator within 30 days of the receipt of the request for arbitration, the International Chamber of Commerce shall make the appointment. The arbitrator shall be a lawyer with substantial experience in the Contractalternative asset management industry and shall conduct the proceedings in the English language. Performance under this Agreement shall continue if reasonably possible during any arbitration proceedings. Except as required by law or as may be reasonably required in connection with ancillary judicial proceedings to compel arbitration, all questions to obtain temporary or preliminary judicial relief in aid of arbitration, or to confirm or challenge an arbitration award, the arbitration proceedings, including any hearings, shall be confidential, and disputes relating to the meaning parties shall not disclose any awards, any materials produced in the proceedings created for the purpose of the specificationsarbitration, designs, drawings and instructions herein before mentioned and as to or any documents produced by another party in the quality of workmanship or materials used on proceedings not otherwise in the work or as public domain.
(b) Except with respect to any other questiondispute regarding an Indemnitee’s entitlement to indemnification or advancement of expenses or related claims that may be settled in arbitration pursuant to Section 15(a), claimeach party hereby (i) irrevocably agrees that any claims, rightsuits, matter actions or thing whatsoever proceedings arising out of or relating in any way to this Agreement (including any claims, suits or actions to interpret, apply or enforce this Section 15 or any judicial proceeding ancillary to an arbitration or contemplated arbitration arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereofthis Agreement), shall be referred exclusively brought in the Court of Chancery of the State of Delaware or, if such court does not have subject matter jurisdiction thereof, any other court in the State of Delaware with subject matter jurisdiction; (ii) irrevocably submits to the sole arbitration exclusive jurisdiction of such courts in connection with any such claim, suit, action or proceeding; (iii) irrevocably agrees not to, and waives any right to, assert in any such claim, suit, action or proceeding that (A) it is not personally subject to the jurisdiction of such courts or any other court to which proceedings in such courts may be appealed, (B) such claim, suit, action or proceeding is brought in an inconvenient forum, or (C) the venue of such claim, suit, action or proceeding is improper; (iv) expressly waives any requirement for the posting of a bond by a party bringing such claim, suit, action or proceeding; (v) consents to process being served in any such claim, suit, action or proceeding by mailing, certified mail, return receipt requested, a copy thereof to such party at the address in effect for notices hereunder, and agrees that such service shall constitute good and sufficient service of process and notice thereof; provided, that, nothing in clause (v) hereof shall affect or limit any right to serve process in any other manner permitted by law; and (vi) IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY SUCH CLAIM, SUIT, ACTION OR PROCEEDING.
(c) Notwithstanding any provision of this Agreement to the contrary, this Section 15 shall be construed to the maximum extent possible to comply with the laws of the Chairman & Managing Director State of Uranium Corporation Delaware, including the Delaware Uniform Arbitration Act (10 Del. C. § 5701 et seq.) (the “Delaware Arbitration Act”). If, nevertheless, it shall be determined by an arbitral tribunal or court of India Limitedcompetent jurisdiction that any provision or wording of this Section 15, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or including any rules of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation International Chamber of the office of inability to actCommerce, shall appoint another person to act as arbitrator in accordance with be invalid or unenforceable under the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Delaware Arbitration Act, 1940 or other applicable law, such invalidity shall not invalidate all of this Section 15. In that case, this Section 15 shall be construed so as to limit any statutory modification term or re-enactment thereof and provision so as to make it valid or enforceable within the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term requirements of the Contract that Delaware Arbitration Act or other applicable law, and, in the party invoking arbitration shall specify the dispute event such term or disputes to provision cannot be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractorso limited, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company this Section 15 shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time construed to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be omit such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Arbitrator shall be final, conclusive and binding all the parties to this Contractinvalid or unenforceable provision.
Appears in 2 contracts
Sources: Indemnification Agreement (KKR Infrastructure Conglomerate LLC), Indemnification Agreement (KKR Private Equity Conglomerate LLC)
Arbitration. Except where otherwise provided for in In the Contract, all questions and disputes relating event of any dispute under Section 6.2(a) with respect to the meaning of Annual Business Plan or the specificationsAnnual Budget, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used between Owner Member and/or its appointed Manager on the work one hand, and Investor Member and/or the SLG or as RXR Realty appointed Manager on the other hand, at any time, either Participating Member may submit such dispute to any other questionfinal and binding arbitration in New York, claimNY, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole arbitration of the Chairman & Managing Director of Uranium Corporation of India Limited, Jaduguda and if the Chairman and Managing Director is unable or unwilling to act to the sole arbitration, of some other person appointed administered by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that in the course of his duties as such he had expressed views on all or any of the matters in dispute or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasons, such Chairman & Managing Director as aforesaid at the transfer, vacation of the office of inability to act, shall appoint another person to act as arbitrator JAMS in accordance with JAMS Streamlined Arbitration Rules and Procedures in effect at that time, by an arbitrator with at least ten years of experience in operating and managing real estate operating companies owning properties similar to the terms Property in Manhattan. Each Participating Member shall submit to the Arbitrator its position on each matter in dispute and any applicable materials that it desires that the arbitrator consider in making its determination within 7 Business Days following the appointment of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration Act, 1940 or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitrationarbitrator. The arbitrator shall consider only the materials submitted to it for resolution. The Participating Members shall cooperate with JAMS and with each other in scheduling the arbitration proceedings so that a final non-appealable award is rendered within 30 calendar days after submission to arbitration, and any notice requirements under Paragraph 14(b) of the JAMS Streamlined Arbitration Rules and Procedures or otherwise may be shortened by the JAMS arbitrator in its discretion. The non-prevailing party in such arbitration shall pay all fees and disbursements due to JAMS and the JAMS arbitrator as well as the reasonable costs and expenses (including reasonable attorneys’ fees and disbursements) of the prevailing party incurred in connection with the arbitration. The JAMS arbitrator shall be (i) a disinterested and impartial person and (ii) selected in accordance with Paragraph “12(c)” et seq. of the JAMS Streamlined Arbitration Rules and Procedures. The JAMS arbitrator shall be bound by the provisions of this Agreement and by Applicable Law. The JAMS arbitrator shall select the position proposed by either the Owner Member or the Investor Member for each disputed line item (and no other position), which, in his or her opinion, is more consistent with the prevailing practices of prudent owners of similar Class A office buildings in Manhattan, and shall notify the Participating Members of its determination. The position selected by the JAMS arbitrator with respect to each item in dispute shall be deemed to have entered on be included in the reference on Annual Business Plan (including the date he issues notice to both the parties fixing the date of the first hearingAnnual Budget). The venue of Arbitration shall be such place as may be fixed Any decision rendered by the Arbitrator, JAMS arbitrator with respect to any matter in his sole discretion. The award of the Arbitrator dispute shall be final, conclusive and binding all upon the parties to this ContractCompany and the Participating Members and may be entered and enforced in any court having jurisdiction.
Appears in 2 contracts
Sources: Limited Liability Company Agreement (New York REIT, Inc.), Membership Interest Purchase Agreement (New York REIT, Inc.)
Arbitration. Except where otherwise provided for in i) In case of dispute, if any, between GRSE and the ContractContractor, all questions and disputes relating to the meaning of the specifications, designs, drawings and instructions herein before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the Contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works, or the execution or failure to execute the same, whether arising during the progress of the work or after the completion or abandonment thereof, shall be referred to the sole discretion / arbitration of CMD of GRSE or his nominated representative and his decision will be final and binding.
ii) If at any time, before doing or after the Chairman & Managing Director of Uranium Corporation of India Limitedcontract period, Jaduguda and if any unsettled claim, question, dispute or difference arises between the Chairman and Managing Director is unable parties, upon or unwilling in relation to act or in connection with or in any way touching or concerning this order, the same shall be referred to the sole arbitration, of some other person appointed by the Chairman & Managing Director, willing to act as such arbitrator. There will be no objection if the arbitrator so appointed is an employee (“ CMD” in short )of Uranium Corporation of India Limited, Jaduguda and that he had to deal with the matters to which the Contract relates and that Garden Reach Shipbuilders & Engineers Limited ( “GRSE Ltd” in the course of his duties as such he had expressed views on all or any short) for adjudication of the matters in dispute said disputes or difference. The arbitrator to whom the matter is originally referred being transferred or vacating his office or being unable to act for any reasonsdifferences, such Chairman & Managing Director as aforesaid at the transferSole Arbitrator, vacation of the office of inability to act, shall appoint another person to act as arbitrator in accordance with the terms of the Contract. Such person shall be entitled to proceed with the reference from the stage at which his predecessor left it. It is also a terms of this Contract that no person other than a person appointed by such Chairman & Managing Director, as aforesaid should act as arbitrator and if for any reason, that is not possible, the matter is not to be referred to arbitration at all. In all cases where the amount of the claim in dispute is Rs. 50,000/-(Rupees Fifty Thousand) and above, the arbitrator shall give reasons for the award. Subject as aforesaid, the provisions of the Arbitration and Conciliation Act, 1940 1996.
iii) The CMD, GRSE Ltd. If he so desires, may nominate / appoint another officer of GRSE Ltd. or person, whom he thinks fit and competent, for adjudication of the disputes or differences, referred to him as the Sole Arbitrator.
iv) Such arbitration shall, in all respects, be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and the rules framed there under or any statutory modification or re-enactment thereof and the rules made there under and for the time being in force, shall apply the arbitration proceeding under this clause. It is a term .
v) The Award of the Contract that the party invoking arbitration shall specify the dispute or disputes to be referred to arbitration under the clause together with the amount for amounts claimed in respect of each such dispute. It is also a term of the Contract that if the Contractor does not make any demand for arbitration in respect of any claim(s) in writing within 90 days of receiving the intimation from the Corporation that the bill is ready for acceptance of the Contractor, the claim of the Contractor will be deemed to have been waived and absolutely barred and the company shall be discharged and released of all liabilities under the Contract in respect of these claims. The arbitrator(s) may from time to time with consent of the parties enlarge the time, for making and publishing the award. The decision of the Engineer-in-charge regarding the quantum of reduction as well as justification thereof in respect of rates for substandard work, which may be decided to be accepted, will be final and would not be open to arbitration. The arbitrator shall be deemed to have entered on the reference on the date he issues notice to both the parties fixing the date of the first hearing. The venue of Arbitration shall be such place as may be fixed by the Arbitrator, in his sole discretion. The award of the Sole Arbitrator shall be final, conclusive and binding all upon the parties.
vi) In the event of the death or resignation for any reason whatsoever of the said Sole Arbitrator, appointed by the said CMD of GRSE Ltd. , the CMD of GRSE Ltd., on an application from either of the parties in this behalf, shall act himself as the Sole Arbitrator or nominate / appoint in place of the outgoing Arbitrator, another officer of GRSE Ltd. or a person whom he thinks fit and competent to this Contractadjudicate the said disputes and differences in accordance with law.
vii) Also in the event on Arbitration award is set aside by a competent court on an application from either party and unless otherwise ordered by the said court, the CMD of GRSE Ltd., on an application from either party, shall himself act as Sole Arbitrator or nominate / appoint another officer or GRSE Ltd. or a person whom he thinks fit and competent to adjudicate the disputes and differences in accordance with law.
viii) The cost of the arbitration, fees of the arbitrator, remuneration of the stenographer and clerk, stamp paper etc. as shall be decided by the Sole Arbitrator, shall be shared equally by the parties. The venue of arbitration, unless otherwise decided by the parties or by the Sole Arbitrator himself, shall be the premises of Garden Reach Shipbuilders & Engineers Ltd. located at ▇▇/▇▇, ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇.
Appears in 2 contracts
Sources: Annual Maintenance Contract, Annual Maintenance Contract