Common use of Confidential Binding Arbitration Clause in Contracts

Confidential Binding Arbitration. Should the mediation procedures set forth in Section 6.8(a) fail to resolve the Parties’ differences, the Parties agree to submit their dispute to arbitration in accordance with the commercial rules of the AAA then in effect. The arbitration shall be in Denver, Colorado if arbitration is initiated by the Practice, or in Clark County, Nevada, if arbitration is initiated by Administrator, before a sole arbitrator agreed to by the Parties and selected from the panel of arbitrators of the AAA. The Parties shall attempt in good faith to agree upon an arbitrator, and if there is no agreement, then the selection of the arbitrator shall be made by the AAA. The Parties agree to keep the proceedings of the arbitration, all events leading up to the arbitration and the outcome of the arbitration confidential. It is the intent of the Parties that this Section 6.8(b) provides a broad arbitration clause and is intended to include claims and causes of action regarding, arising out of, or relating to this Agreement, whether arising in contract, tort, statute, regulation, common law or otherwise. The Parties’ submission and agreement to arbitrate shall be specifically enforceable, and the judgment of the arbitrator granting an award (the “Arbitration Award”) to a Party may be entered in any court having jurisdiction thereof. Each Party shall bear its own costs and attorneys’ fees and the Arbitrator shall have no authority to award to any party its attorneys’ fees or costs under this Agreement or State law. Except as provided in this Section 6.8, the Practice shall not pursue any litigation in any court in an effort to obtain relief under this Agreement.

Appears in 2 contracts

Sources: Practice Administration Agreement (Vivos Therapeutics, Inc.), Practice Administration Agreement (Vivos Therapeutics, Inc.)

Confidential Binding Arbitration. Should the mediation procedures set forth in Section 6.8(a) fail to resolve the Parties’ differences, the The Parties agree to submit their any dispute arising out of this Agreement to arbitration in accordance with the commercial rules of the AAA American Arbitration Association (“AAA”) then in effect. The arbitration shall be held in Denver, Colorado if arbitration is initiated by the Practice, city of the Practice or in Clark County, Nevada, if arbitration is initiated by Administrator, as close thereto as possible before a sole arbitrator agreed to by the Parties and selected from the panel of arbitrators of the AAA. The Parties shall attempt in good faith to agree upon an arbitrator, and if there is no agreement, then the selection of the arbitrator shall be made by the AAA. The Parties agree to keep the proceedings of the arbitration, all events leading up to the arbitration and the outcome of the arbitration confidential. It is the intent of the Parties that this Section 6.8(b7.5(a) provides a broad arbitration clause and is intended to include claims and causes of action regarding, arising out of, or relating to this Agreement, whether arising in contract, tort, statute, regulation, common law or otherwise. The Parties’ submission and agreement to arbitrate shall be specifically enforceable, and the judgment of the arbitrator granting an award (the “Arbitration Award”) to a Party may be entered in any court having jurisdiction thereof. Each Party shall bear its own costs and attorneys’ fees and the Arbitrator shall have no authority to award to any party its attorneys’ fees or costs under this Agreement or State law. Except as provided in this Section 6.87.5, the Practice shall not pursue any litigation in any court in an effort to obtain relief under this Agreement.

Appears in 1 contract

Sources: Program Administration Agreement