Common use of Conduct of Arbitration Clause in Contracts

Conduct of Arbitration. The Arbitrator(s) shall expeditiously (and, if possible, on or before the 90th Day after the Arbitrator(s)’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Houston, Texas. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner will provide such materials, information, testimony and evidence requested by the Arbitrator(s), except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem necessary, the Arbitrator(s) may propose to the Disputing Partners that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing Partners, which shall not be unreasonably withheld. Each Disputing Partner, the Arbitrator(s) and any proposed expert shall disclose to the other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner (or the Arbitrator(s)) and the proposed expert; and any Disputing Partner may disapprove of the proposed expert on the basis of that relationship or affiliation. The decision of the Arbitrator(s) (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners and may be enforced in any court of competent jurisdiction; provided, however, that the Partners agree that the Arbitrator(s) and any court enforcing the award of the Arbitrator(s) shall not have the right or authority to award punitive, special, consequential, indirect, exemplary or similar damages to any Disputing Partner. The responsibility for paying the costs and expenses of the arbitration, including compensation to any experts retained by the Arbitrator(s), shall be divided equally among the Disputing Partners. Each Disputing Partner shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) determines that compelling reasons exist for allocating all or a portion of those costs and expenses to one or more other Disputing Partners.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within ninety (90) days after the Arbitrator(s)’s Arbitrator's selection) hear and decide all matters concerning the Dispute. Any Except as the Participants agree otherwise, arbitration hearing shall be held in the City of Houston, Texas. Except as the Participants agree otherwise, the arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence in the manner as it deems appropriate relevant to the dispute before it (and each Partner Participant will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Participants that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersParticipants, which shall not be unreasonably withheld. Each Disputing PartnerParticipant, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the each other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner such Participant (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Participant may disapprove of the such proposed expert on the basis of that such relationship or affiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Participants and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Participants agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitive, special, consequential, indirect, punitive or exemplary or similar damages to any Disputing PartnerParticipant. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally among allocated between the Disputing PartnersParticipants in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Participant shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one in another manner. Any costs or more other Disputing Partnersexpenses incurred by a Participant(s) in enforcing any award of the Arbitrator shall be borne by the Participant challenging the enforcement.

Conduct of Arbitration. The Arbitrator(s) shall expeditiously (and, if possible, on or before the 90th Day after the Arbitrator(s)’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Houston, TexasTexas or such other location as the Disputing Members may mutually agree. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s), except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem necessary, the Arbitrator(s) may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner Member (or the Arbitrator(s)) and the proposed expert; and any Disputing Partner Member may disapprove of the proposed expert on the basis of that relationship or affiliation. The decision of the Arbitrator(s) (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, that the Partners Members agree that the Arbitrator(s) and any court enforcing the award of the Arbitrator(s) shall not have the right or authority to award punitive, special, consequential, indirect, exemplary or similar damages to any Disputing PartnerMember. The responsibility for paying the costs and expenses of the arbitration, including compensation to any experts retained by the Arbitrator(s), shall be divided equally among the Disputing PartnersMembers. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) determines that compelling reasons exist for allocating all or a portion of those costs and expenses to one or more other Disputing PartnersMembers.

Conduct of Arbitration. The Arbitrator(s) shall expeditiously (and, if possible, on or before the 90th Day after the Arbitrator(s)’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Houston, TexasTexas or such other location as the Disputing Partners may mutually agree. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner will provide such materials, information, testimony and evidence requested by the Arbitrator(s), except to the extent any information so requested is proprietary, subject to a third-third- party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem necessary, the Arbitrator(s) may propose to the Disputing Partners that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing Partners, which shall not be unreasonably withheld. Each Disputing Partner, the Arbitrator(s) and any proposed expert shall disclose to the other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner (or the Arbitrator(s)) and the proposed expert; and any Disputing Partner may disapprove of the proposed expert on the basis of that relationship or affiliation. The decision of the Arbitrator(s) (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners and may be enforced in any court of competent jurisdiction; provided, however, that the Partners agree that the Arbitrator(s) and any court enforcing the award of the Arbitrator(s) shall not have the right or authority to award punitive, special, consequential, indirect, exemplary or similar damages to any Disputing Partner. The responsibility for paying the costs and expenses of the arbitration, including compensation to any experts retained by the Arbitrator(s), shall be divided equally among the Disputing Partners. Each Disputing Partner shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) determines that compelling reasons exist for allocating all or a portion of those costs and expenses to one or more other Disputing Partners.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 Days after the Arbitrator(s)Arbitrator’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in HoustonNew York, TexasNew York. The arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such Rules do not conflict with the terms of this Agreement Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and ), (b) to grant injunctive relief and enforce specific performance, and (c) fashion such relief as the Arbitrator deems equitable and appropriate, regardless of whether such is not consistent with the relief requested/or position taken by the Disputing Members. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation Affiliation that may exist or may have existed between the such Disputing Partner Member (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Member may disapprove of the such proposed expert on the basis of that such relationship or affiliationAffiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Members agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitive, special, consequential, indirect, punitive or exemplary or similar damages to any Disputing PartnerMember. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally allocated among the Disputing PartnersMembers in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one or more other Disputing PartnersMembers.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 days after the Arbitrator(s)Arbitrator’s selection) hear and decide all matters concerning the Dispute. Any Except as the Participants agree otherwise, the arbitration hearing shall be held in Houstonthe City of Tulsa, TexasOklahoma. Except as the Participants agree otherwise, the arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence in the manner as it deems appropriate and relevant to the dispute before it (and each Partner Participant will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Participants that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersParticipants, which shall not be unreasonably withheld. Each Disputing PartnerParticipant, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the each other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner such Participant (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Participant may disapprove of the such proposed expert on the basis of that such relationship or affiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Participants and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Participants agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award special, punitive, specialexemplary, consequential, indirect, exemplary indirect or other similar damages (including without limitation damages on account of lost profits or opportunities) to any Disputing PartnerParticipant. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts duly retained by the Arbitrator(s)Arbitrator, shall be divided equally among allocated between the Disputing PartnersParticipants in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Participant shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one in another manner. Any costs or more other Disputing Partnersexpenses incurred by a Participant(s) in enforcing any Award of the Arbitrator shall be borne by the Participant challenging the enforcement.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 days after the Arbitrator(s)Arbitrator’s selection) hear and decide all matters concerning the Dispute. Any Except as the Participants agree otherwise, the arbitration hearing shall be held in Houstonthe City of Tulsa, TexasOklahoma. Except as the Participants agree otherwise, the arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence in the manner as it deems appropriate and relevant to the dispute before it (and each Partner Participant will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Participants that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersParticipants, which shall not be unreasonably withheld. Each Disputing PartnerParticipant, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the each other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner such Participant (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Participant may disapprove of the such proposed expert on the basis of that such relationship or affiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Participants and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Participants agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitiveaward, special, punitive, exemplary, consequential, indirect, exemplary indirect or other similar damages (including without limitation damages on account of lost profits or opportunities) to any Disputing PartnerParticipant. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts duly retained by the Arbitrator(s)Arbitrator, shall be divided equally among allocated between the Disputing PartnersParticipants in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Participant shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one in another manner. Any costs or more other Disputing Partnersexpenses incurred by a Participant(s) in enforcing any Award of the Arbitrator shall be borne by the Participant challenging the enforcement.

Conduct of Arbitration. The Arbitrator(s) shall expeditiously (and, if possible, on or before the 90th Day after the Arbitrator(s)’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Houston, TexasTexas or such other location as the Disputing Partners may mutually agree. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner will provide such materials, information, testimony and evidence requested by the Arbitrator(s), except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem necessary, the Arbitrator(s) may propose to the Disputing Partners that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing Partners, which shall not be unreasonably withheld. Each Disputing Partner, the Arbitrator(s) and any proposed expert shall disclose to the other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner (or the Arbitrator(s)) and the proposed expert; and any Disputing Partner may disapprove of the proposed expert on the basis of that relationship or affiliation. The decision of the Arbitrator(s) (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners and may be enforced in any court of competent jurisdiction; provided, however, that the Partners agree that the Arbitrator(s) and any court enforcing the award of the Arbitrator(s) shall not have the right or authority to award punitive, special, consequential, indirect, exemplary or similar damages to any Disputing Partner. The responsibility for paying the costs and expenses of the arbitration, including compensation to any experts retained by the Arbitrator(s), shall be divided equally among the Disputing Partners. Each Disputing Partner shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) determines that compelling reasons exist for allocating all or a portion of those costs and expenses to one or more other Disputing Partners.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 Days after the Arbitrator(s)Arbitrator’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in the City of Houston, Texas. The arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such Rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation Affiliation that may exist or may have existed between the such Disputing Partner Member (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Member may disapprove of the such proposed expert on the basis of that such relationship or affiliationAffiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Members agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitive, special, consequential, indirect, consequential or exemplary or similar damages to any Disputing PartnerMember. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally allocated among the Disputing PartnersMembers in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one or more other Disputing PartnersMembers.

Conduct of Arbitration. The Arbitrator(s) shall expeditiously (and, if possible, on or before the 90th Day after the Arbitrator(s)’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in HoustonWilmington, TexasDelaware. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner will provide such materials, information, testimony and evidence requested by the Arbitrator(s), except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem necessary, the Arbitrator(s) may propose to the Disputing Partners that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing Partners, which shall not be unreasonably withheld. Each Disputing Partner, the Arbitrator(s) and any proposed expert shall disclose to the other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner (or the Arbitrator(s)) and the proposed expert; and any Disputing Partner may disapprove of the proposed expert on the basis of that relationship or affiliation. The decision of the Arbitrator(s) (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners and may be enforced in any court of competent jurisdiction; provided, however, that the Partners agree that the Arbitrator(s) and any court enforcing the award of the Arbitrator(s) shall not have the right or authority to award punitive, special, consequential, indirect, exemplary or similar damages to any Disputing Partner. The responsibility for paying the costs and expenses of the arbitration, including compensation to any experts retained by the Arbitrator(s), shall be divided equally among the Disputing Partners. Each Disputing Partner shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) determines that compelling reasons exist for allocating all or a portion of those costs and expenses to one or more other Disputing Partners.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 Days after the Arbitrator(s)Arbitrator’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in the City of Houston, Texas. The arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such Rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation Affiliation that may exist or may have existed between the such Disputing Partner Member (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Member may disapprove of the such proposed expert on the basis of that such relationship or affiliationAffiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable non-appealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Members agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award incidental, indirect, punitive, special, consequential, indirect, consequential or exemplary or similar damages to any Disputing PartnerMember. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally allocated on an equal basis among the Disputing PartnersMembers. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) determines that compelling reasons exist for allocating all or a portion of those costs and expenses to one or more other Disputing Partners.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 Days after the Arbitrator(s)Arbitrator’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in HoustonNew York, TexasNew York. The arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such Rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and ), (b) to grant injunctive relief and enforce specific performance, and (c) fashion such relief as the Arbitrator deems equitable and appropriate, regardless of whether such is not consistent with the relief requested/or position taken by the Disputing Members. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation Affiliation that may exist or may have existed between the such Disputing Partner Member (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Member may disapprove of the such proposed expert on the basis of that such relationship or affiliationAffiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Members agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitive, special, consequential, indirect, punitive or exemplary or similar damages to any Disputing PartnerMember. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally allocated among the Disputing PartnersMembers in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one or more other Disputing PartnersMembers.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 days after the Arbitrator(s)’s Arbitrator's selection) hear and decide all matters concerning the Dispute. Any Except as the Participants agree otherwise, the arbitration hearing shall be held in the City of Houston, TexasTexas and such arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence in the manner as it deems appropriate relevant to the dispute before it (and each Partner Participant will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Participants that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersParticipants, which shall not be unreasonably withheld. Each Disputing PartnerParticipant, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the each other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner such Participant (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Participant may disapprove of the such proposed expert on the basis of that such relationship or affiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Participants and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Participants agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitive, special, consequential, indirect, punitive or exemplary or similar damages to any Disputing PartnerParticipant. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally among allocated between the Disputing PartnersParticipants in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Participant shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one in another manner. Any costs or more other Disputing Partnersexpenses incurred by a Participant(s) in enforcing any award of the Arbitrator shall be borne by the Participant challenging the enforcement.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 Days after the Arbitrator(s)’s Arbitrator's selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in HoustonNew York, TexasNew York. The arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such Rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and ), (b) to grant injunctive relief and enforce specific performance, and (c) fashion such relief as the Arbitrator deems equitable and appropriate, regardless of whether such is not consistent with the relief requested/or position taken by the Disputing Members. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation Affiliation that may exist or may have existed between the such Disputing Partner Member (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Member may disapprove of the such proposed expert on the basis of that such relationship or affiliationAffiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Members agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitive, special, consequential, indirect, punitive or exemplary or similar damages to any Disputing PartnerMember. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally allocated among the Disputing PartnersMembers in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one or more other Disputing PartnersMembers.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 days after the Arbitrator(s)’s Arbitrator's selection) hear and decide all matters concerning the Dispute. Any Except as the Participants agree otherwise, the arbitration hearing shall be held in Houstonthe City of Tulsa, TexasOklahoma. Except as the Participants agree otherwise, the arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence in the manner as it deems appropriate and relevant to the dispute before it (and each Partner Participant will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Participants that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersParticipants, which shall not be unreasonably withheld. Each Disputing PartnerParticipant, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the each other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner such Participant (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Participant may disapprove of the such proposed expert on the basis of that such relationship or affiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Participants and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Participants agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitiveaward, special, punitive, exemplary, consequential, indirect, exemplary indirect or other similar damages (including without limitation damages on account of lost profits or opportunities) to any Disputing PartnerParticipant. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts duly retained by the Arbitrator(s)Arbitrator, shall be divided equally among allocated between the Disputing PartnersParticipants in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Participant shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one in another manner. Any costs or more other Disputing Partnersexpenses incurred by a Participant(s) in enforcing any Award of the Arbitrator shall be borne by the Participant challenging the enforcement.

Conduct of Arbitration. The Arbitrator(s) shall expeditiously (and, if possible, on or before the 90th Day after the Arbitrator(s)’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Houston, Texas. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s), except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem necessary, the Arbitrator(s) may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner Member (or the Arbitrator(s)) and the proposed expert; and any Disputing Partner Member may disapprove of the proposed expert on the basis of that relationship or affiliation. The decision of the Arbitrator(s) (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, that the Partners Members agree that the Arbitrator(s) and any court enforcing the award of the Arbitrator(s) shall not have the right or authority to award punitive, special, consequential, indirect, exemplary or similar damages to any Disputing PartnerMember. The Except as otherwise provided in this Article 10, the responsibility for paying the costs and expenses of the arbitration, including compensation to any experts retained by the Arbitrator(s), shall be divided equally among the Disputing PartnersMembers. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) determines that compelling reasons exist for allocating all or a portion of those costs and expenses to one or more other Disputing PartnersMembers.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 Days after the Arbitrator(s)’s Arbitrator's selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Houston, Texas. The arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such Rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Party will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Parties that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersParties, which shall not be unreasonably withheld. Each Disputing PartnerParty, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the other Disputing Partners Parties any business, personal or other relationship or affiliation Affiliation that may exist or may have existed between the such Disputing Partner Party (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Party may disapprove of the such proposed expert on the basis of that such relationship or affiliationAffiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Parties and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Parties agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitive, special, consequential, indirect, punitive or exemplary or similar damages to any Disputing PartnerParty. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally allocated among the Disputing PartnersParties in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Party shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating the Dispute in question was frivolous, in which case all or a portion of those such costs and expenses shall be allocated to one or more other the Disputing PartnersParty who initiated such frivolous Dispute.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 Days after the Arbitrator(s)Arbitrator’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in HoustonSan Diego, TexasCalifornia. The arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such Rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and ), (b) to grant injunctive relief and enforce specific performance, and (c) to fashion such relief as the Arbitrator deems equitable and appropriate, regardless of whether such relief is not consistent with the relief requested/or position taken by the Disputing Members. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation Affiliation that may exist or may have existed between the such Disputing Partner Member (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Member may disapprove of the such proposed expert on the basis of that such relationship or affiliationAffiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Members agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitive, special, consequential, indirect, punitive or exemplary or similar damages to any Disputing PartnerMember. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally allocated among the Disputing PartnersMembers in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one or more other Disputing PartnersMembers.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 days after the Arbitrator(s)Arbitrator’s selection) hear and decide all matters concerning the Dispute. Any Except as the Participants agree otherwise, the arbitration hearing shall be held in Houstonthe City of Charleston, TexasWest Virginia. Except as the Participants agree otherwise, the arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence in the manner as it deems appropriate and relevant to the dispute before it (and each Partner Participant will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Participants that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersParticipants, which shall not be unreasonably withheld. Each Disputing PartnerParticipant, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the each other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner such Participant (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Participant may disapprove of the such proposed expert on the basis of that such relationship or affiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Participants and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Participants agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitiveaward, special, punitive, exemplary, consequential, indirect, exemplary indirect or other similar damages (including without limitation damages on account of lost profits or opportunities) to any Disputing PartnerParticipant. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts duly retained by the Arbitrator(s)Arbitrator, shall be divided equally among allocated between the Disputing PartnersParticipants in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Participant shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one in another manner. Any costs or more other Disputing Partnersexpenses incurred by a Participant(s) in enforcing any Award of the Arbitrator shall be borne by the Participant challenging the enforcement.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within sixty (60) Days after the Arbitrator(s)’s Arbitrator's selection) hear and decide all matters concerning the Dispute. Any arbitration Arbitration hearing shall be held in the City of Houston. The Arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (excluding rules governing the payment of arbitration, Texasadministrative, or other fees or expenses to the Arbitrator or such Association), to the extent that such Rules do not conflict with the terms of this Operating Agreement. Except as expressly provided to the contrary in this Operating Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony testimony, and evidence as it deems relevant to the dispute before it (and each Partner will Member shall provide such materials, information, testimony testimony, and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Parties that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersParties, which shall not be unreasonably withheld. Each Disputing PartnerParty, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the other Disputing Partners Parties any business, personal familial or other relationship or affiliation Affiliation that may exist or may have existed between the such Disputing Partner Party (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Party may disapprove of the such proposed expert on on. the basis of that such relationship or affiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable nonappealable, and binding upon the Disputing Partners Parties and may be enforced in any court of competent jurisdiction; provided, however, that the Partners agree that the Arbitrator(s) and any court enforcing the award of the Arbitrator(s) shall not have the right or authority to award punitive, special, consequential, indirect, exemplary or similar damages to any Disputing Partner. The responsibility for paying the costs and expenses of the arbitrationArbitration, including compensation to the Arbitrator and any experts Experts retained by the Arbitrator(s)Arbitrator, shall be divided equally allocated among the Disputing PartnersParties in a manner determined by the Arbitrator to be fair and reasonable 'under the circumstances. Each Disputing Partner Party shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one or more other Disputing PartnersParties.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 days after the Arbitrator(s)Arbitrator’s selection) hear and decide all matters concerning the Dispute. Any Except as the Participants agree otherwise, the arbitration hearing shall be held in the City of Houston, Texas. Except as the Participants agree otherwise, the arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence in the manner as it deems appropriate and relevant to the dispute before it (and each Partner Participant will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Participants that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersParticipants, which shall not be unreasonably withheld. Each Disputing PartnerParticipant, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the each other Disputing Partners any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner such Participant (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Participant may disapprove of the such proposed expert on the basis of that such relationship or affiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Participants and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Participants agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitiveaward, special, punitive, exemplary, consequential, indirect, exemplary indirect or other similar damages (including without limitation damages on account of lost profits or opportunities) to any Disputing PartnerParticipant. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts duly retained by the Arbitrator(s)Arbitrator, shall be divided equally among allocated between the Disputing PartnersParticipants in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Participant shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one in another manner. Any costs or more other Disputing Partnersexpenses incurred by a Participant(s) in enforcing any Award of the Arbitrator shall be borne by the Participant challenging the enforcement.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 Days after the Arbitrator(s)Arbitrator’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in the City of Houston, Texas. The arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such Rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation Affiliation that may exist or may have existed between the such Disputing Partner Member (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Member may disapprove of the such proposed expert on the basis of that such relationship or affiliationAffiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Members agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitive, special, consequential, indirect, consequential or exemplary or similar damages to any Disputing PartnerMember. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally allocated among the Disputing PartnersMembers in a manner determined 52 by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating all or a portion of those such costs and expenses to one or more other Disputing PartnersMembers.

Conduct of Arbitration. The Arbitrator(s) Arbitrator shall expeditiously (and, if possible, on or before the 90th Day within 90 Days after the Arbitrator(s)’s Arbitrator's selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in Houston, Texas. The arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the AAA (excluding rules governing the payment of arbitration, administrative or other fees or expenses to the Arbitrator or the AAA), to the extent that such Rules do not conflict with the terms of this Agreement. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) Arbitrator shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s)Arbitrator, except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem it deems necessary, the Arbitrator(s) Arbitrator may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) Arbitrator and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation Affiliation that may exist or may have existed between the such Disputing Partner Member (or the Arbitrator(s)Arbitrator) and the such proposed expert; and any Disputing Partner Member may disapprove of the such proposed expert on the basis of that such relationship or affiliationAffiliation. The decision of the Arbitrator(s) Arbitrator (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, provided that the Partners Members agree that the Arbitrator(s) Arbitrator and any court enforcing the award of the Arbitrator(s) Arbitrator shall not have the right or authority to award punitive, special, consequential, indirect, punitive or exemplary or similar damages to any Disputing PartnerMember. The responsibility for paying the costs and expenses of the arbitration, including compensation to the Arbitrator and any experts retained by the Arbitrator(s)Arbitrator, shall be divided equally allocated among the Disputing PartnersMembers in a manner determined by the Arbitrator to be fair and reasonable under the circumstances. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) Arbitrator determines that compelling reasons exist for allocating the Dispute in question was frivolous, in which case all or a portion of those such costs and expenses shall be allocated to one or more other the Disputing PartnersMember who initiated such frivolous Dispute.

Conduct of Arbitration. The Arbitrator(s) shall expeditiously (and, if possible, on or before the 90th Day after the Arbitrator(s)’s selection) hear and decide all matters concerning the Dispute. Any arbitration hearing shall be held in HoustonWilmington, TexasDelaware. Except as expressly provided to the contrary in this Agreement, the Arbitrator(s) shall have the power (a) to gather such materials, information, testimony and evidence as it deems relevant to the dispute before it (and each Partner Member will provide such materials, information, testimony and evidence requested by the Arbitrator(s), except to the extent any information so requested is proprietary, subject to a third-party confidentiality restriction or to an attorney-client or other privilege) and (b) to grant injunctive relief and enforce specific performance. If they deem necessary, the Arbitrator(s) may propose to the Disputing Partners Members that one or more other experts be retained to assist it in resolving the Dispute. The retention of such other experts shall require the unanimous consent of the Disputing PartnersMembers, which shall not be unreasonably withheld. Each Disputing PartnerMember, the Arbitrator(s) and any proposed expert shall disclose to the other Disputing Partners Members any business, personal or other relationship or affiliation that may exist or may have existed between the Disputing Partner Member (or the Arbitrator(s)) and the proposed expert; and any Disputing Partner Member may disapprove of the proposed expert on the basis of that relationship or affiliation. The decision of the Arbitrator(s) (which shall be rendered in writing) shall be final, nonappealable and binding upon the Disputing Partners Members and may be enforced in any court of competent jurisdiction; provided, however, that the Partners Members agree that the Arbitrator(s) and any court enforcing the award of the Arbitrator(s) shall not have the right or authority to award punitive, special, consequential, indirect, exemplary or similar damages to any Disputing PartnerMember. The responsibility for paying the costs and expenses of the arbitration, including compensation to any experts retained by the Arbitrator(s), shall be divided equally among the Disputing PartnersMembers. Each Disputing Partner Member shall be responsible for the fees and expenses of its respective counsel, consultants and witnesses, unless the Arbitrator(s) determines that compelling reasons exist for allocating all or a portion of those costs and expenses to one or more other Disputing PartnersMembers.