Common use of conducted Clause in Contracts

conducted. The rendering of the decision by the arbitrator within the aforesaid period of time is a condition to the parties' obligation to pay the fees of the arbitrator. Within two days after designation of the arbitrator, PhoneTel and Sellers' Representatives shall notify the Escrow Agent of his identity. (c) The powers of the arbitrator shall include, but not be limited to, the awarding of injunctive or other equitable relief but shall not include the power to modify or amend in any respect the provisions of this Escrow Agreement. The arbitrator shall include in any award the amount of the reasonable attorneys' fees and expenses and all other reasonable costs and expenses of the arbitration incurred by the prevailing party and a direction that it be paid by the other party within ten days after the making of such award. In the event that the arbitrator does not rule in favor of the prevailing party in respect of all the claims alleged by such party, the arbitrator shall include in any award the portion of the amount of the reasonable attorneys' fees and other expenses of the arbitration incurred by the prevailing party as the arbitrator deems just and equitable under the circumstances, together with a direction that such amounts be paid by the other party within ten days thereof. Except as provided above, each party shall bear his or its own attorneys' fees and expenses and the parties shall bear equally all other costs and expenses of the arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. (d) Nothing contained in this Section 14 shall be construed to limit or preclude a party from bringing any action in any court of competent jurisdiction for interim or provisional relief pending establishment of the arbitral tribunal and the arbitral tribunal's determination of the merits of the dispute to protect the rights or property of that party or to compel another party to comply with its obligations under this Escrow Agreement during the pendency of the arbitration proceedings.