Certain Additional Matters. (a) Any arbitration award shall be a bare award limited to a holding for or against a party and shall be without findings as to facts, issues or conclusions of law (including with respect to any matters relating to the validity or infringement of patents or patent applications) and shall be without a statement of the reasoning on which the award rests, but must be in adequate form so that a judgment of a court may be entered thereupon. Judgment upon any arbitration award hereunder may be entered in any court having jurisdiction thereof.
Certain Additional Matters. The Employee agrees that at all times during the term of this Agreement and for a period of two years following any cessation of employment with the Company:
Certain Additional Matters. (a) Any arbitration award shall be an award with a holding in favor of or against a party and shall include findings as to facts, issues or conclusions of Law (including with respect to any matters relating to the validity or infringement of patents or patent applications) and shall include a statement of the reasoning on which the award rests. The award must also be in adequate form so that a judgment of a court may be entered thereupon. Judgment upon any arbitration award hereunder may be entered in any court having jurisdiction thereof. Any award shall not be vacated or appealed except on the bases of (i) the award being procured by fraud or corruption, (ii) an arbitrator being partial or corrupt, (iii) the arbitrators wrongfully refusing to postpone a hearing or hear evidence, or (iv) the arbitrators exceeding the scope of the power granted to them in this Agreement.
Certain Additional Matters. (a) If a party fails or refuses to appear at and participate in an arbitration hearing after due notice, the arbitrator may hear and determine the controversy upon evidence produced by the appearing party.
Certain Additional Matters. The Employee agrees that at all times during the term of this Agreement and for the two-year period specified in Section 8:
Certain Additional Matters. 32 8.8. Continuity of Service and Performance.......................................33 8.9. Law Governing Arbitration Procedures........................................33
Certain Additional Matters. 30 Section 6.01
Certain Additional Matters. (i) The amount of any and all Losses under this ARTICLE 9 shall be determined net of, and the amount of any "Losses" shall be deemed be reduced by (i) the net present value of any Tax benefits realizable (calculated using a discount rate of 6%) by any party seeking indemnification hereunder arising from the deductibility of any such Losses and (ii) any amounts recovered, recoverable or for which there is a right of recovery by an Indemnified Party or by any of such Indemnified Party's Affiliates in respect of such claim under or pursuant to (A) the Title Policies (including, if issued, the La Bokay Endorsement), (B) the Original Agreement or (C) any other agreement (including the La Bokay Assignment Consent) with any of the Forest Products Sellers to which or pursuant to which an Indemnified Party or its Affiliates has rights (collectively, the "ALTERNATIVE ARRANGEMENTS") and no Indemnified Party shall assert any claim against an Indemnifying Party under this ARTICLE 9 in respect of any matter for which amounts have been recovered, are recoverable or for which there is a right of recovery pursuant to an Alternative Arrangement. Furthermore, if recovery is made pursuant to another arrangement (i.e., other than an Alternative Arrangement) for which the Purchaser or another Purchaser Indemnified Party has rights to recovery prior to any claim for indemnification being paid hereunder, the amount of Losses suffered by the Purchaser Indemnified Parties with respect to such claim shall be reduced by the excess of the amount of such recovery over the expenses incurred by the Purchaser Indemnified Parties in connection with such recovery. If, after a claim for indemnification is paid hereunder, a Purchaser Indemnified Party recovers amounts under such other arrangement, the Purchaser shall promptly remit to the Sellers the excess of (x) the lesser of (A) the amount of proceeds received for such claim under the other arrangement and (B) the amount previously paid to the Purchaser Indemnified Parties pursuant to this ARTICLE 9 over (y) expenses incurred by the Purchaser Indemnified Parties in connection with such recovery. Notwithstanding the foregoing, to the extent any such Loss indemnifiable hereunder served to reduce the Deductible, and subsequent recovery is made under another arrangement, the portion of the Deductible so reduced shall be automatically deemed restored (but only to the extent that the amount of such recovery exceeds the expenses incurred by the P...
Certain Additional Matters. Section 5.01.
Certain Additional Matters. (a) Any arbitration award shall be an award with a holding for or against a party and shall include findings as to facts, issues or conclusions of law (including with respect to any matters relating to the validity or infringement of patents or patent applications) and shall include a statement of the reasoning on which the award rests. The award must also be in adequate form so that a judgment of a court may be entered thereupon. Judgment upon any arbitration award hereunder may be entered in any court having jurisdiction thereof.
