DETERMINATION OF ARBITRATOR Sample Clauses

DETERMINATION OF ARBITRATOR. The Parties shall instruct the arbitrator to make a determination within 30 days after the date on which the dispute was referred to the arbitrator and the determination of the arbitrator shall be final and binding on all Parties. The Closing Date Statement and the Purchase Price shall be adjusted in accordance with the determination of the arbitrator.
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DETERMINATION OF ARBITRATOR. The arbitrator shall have no power to recommend the alteration, amendment, change, addition or subtraction of, any of the terms of this Agreement, but shall determine only whether or not there has been a violation of this Agreement. The decision of the arbitrator shall conform to the terms of this Agreement and the laws of the State of California.
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DETERMINATION OF ARBITRATOR. In rendering the award the arbitrator shall determine the rights and obligations of the parties according to the substantive and procedural laws of the State of California. The award may be limited to a statement that one party pay the other a sum of money. However, upon the request of a party, the arbitrators' award shall include findings of fact and conclusions of law. The arbitrators do not exceed their powers (per California Code of Civil Procedure Section 1286.2 or 1286.6) by committing an error of law or legal reasoning. The decision of the arbitrators shall be final and unreviewable for errors of law or legal reasoning of any kind. The arbitrators shall have the power to grant all legal and equitable remedies and award compensatory damages provided by California law, including punitive damages, with respect to the disputes covered by these arbitration provisions. Initials [ILLEGIBLE] Addendum - Page 5 Initials [ILLEGIBLE] ---------------- -------------
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DETERMINATION OF ARBITRATOR. The Arbitrator shall have full power and authority to resolve all disputes (including the discretion to order proceedings in the manner the Arbitrator believes will allow appropriate review of any disputes put before the Arbitrator) and, subject to Section 4.9.5, order remedies relating to the parties’ non-compliance with the Change of Control Procedures, to interpret the requirements of the Change of Control Procedures, or otherwise relating to the applicable Change of Control. The Arbitrator shall, by the end of the third (3rd) Business Day following the date of the Arbitrator’s receipt of the Breach Notice (or, if the Arbitrator determines that additional time is necessary, within such additional amount of time), provide a written determination (the “Arbitrator Determination”) setting forth whether either party has committed a breach of the Change of Control Procedures (or such other applicable determination) and the appropriate cure or remedy for such breach. The Arbitrator Determination shall be final and binding upon the Company, the Principal Investors and the Televisa Investors (unless vacated or modified by the Delaware Court on the ground that the Arbitrator was biased or engaged in improper conduct or that the ruling was outside the jurisdiction of the Arbitrator as set forth in this Section 4.9), none of the Company, the Televisa Investors or the Principal Investors shall have the right to appeal such Arbitrator Determination in any court or otherwise commence any legal action with respect to the breach(es) alleged in the Breach Notice or the cure or remedy ordered by the Arbitrator (other than on the ground that the Arbitrator was biased or engaged in improper conduct or that the ruling was outside the jurisdiction of the Arbitrator as set forth in this Section 4.9). All issues concerning the arbitrability of any matter relating to the Change of Control Procedures or the applicable Change of Control shall be determined by the Arbitrator and not by any court of law or any other method. The jurisdiction of the Arbitrator shall be limited to enforcing the terms of the Change of Control Procedures, ensuring that a Change of Control is a Compliant Change of Control Transaction, and/or resolving any other disputed matters relating to the applicable Change of Control during the Sponsor Sale or Merger Exit process and promptly thereafter in connection with any claims of breach of or non-compliance with the Change of Control Procedures, that a Change o...
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DETERMINATION OF ARBITRATOR. The determination of the Arbitrator shall be made within 30 days after the date on which the dispute was referred to it and the determination of the Arbitrator shall be final and binding on all Parties. The Effective Date Balance Sheet and the Purchase Price shall be adjusted in accordance with the determination of the Arbitrator.
Sample 1
DETERMINATION OF ARBITRATOR. The determination of the arbitrator shall be made within thirty (30) days after the date on which the dispute was referred to it and the determination of the arbitrator shall be final and binding on all Parties. The Purchase Price shall be increased to the extent the arbitrator determines that items included in Schedule 1.1(a) ought not to have been included or items which ought to have been included in Schedules 1.1(b), 4.14 or 4.15 were omitted and shall be decreased to the extent that the arbitrator determines that items which ought to have been included in Schedule 1.1(a) were omitted or items included in Schedules 1.1(b), 4.14 or 4.15 ought not to have been included.
Sample 1

Related to DETERMINATION OF ARBITRATOR

  • Selection of Arbitrator The Claims shall be resolved by a single arbitrator. The arbitrator shall be selected in accordance with the Rules, and must have experience in the types of financial transactions at issue in the Claims. In the event of a conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall supersede the conflicting Rules only to the extent of the inconsistency. If AAA is unavailable to resolve the Claims, and if you and we do not agree on a substitute forum, then you can select the forum for the resolution of the Claims.

  • Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators:

  • Compensation of Arbitrator Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.

  • Cost of Arbitration The fees for a single Arbitrator or a Chair of a Board of Arbitration shall be shared equally by the parties. Other costs incurred by each party shall be the responsibility of that party.

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Initiation of Arbitration Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

  • Selection and Payment of Arbitrator (a) Within ten (10) calendar days after the Service Date, Investor shall select and submit to Company the names of three (3) arbitrators that are designated as “neutrals” or qualified arbitrators by Utah ADR Services (xxxx://xxx.xxxxxxxxxxxxxxx.xxx) (such three (3) designated persons hereunder are referred to herein as the “Proposed Arbitrators”). For the avoidance of doubt, each Proposed Arbitrator must be qualified as a “neutral” with Utah ADR Services. Within five (5) calendar days after Investor has submitted to Company the names of the Proposed Arbitrators, Company must select, by written notice to Investor, one (1) of the Proposed Arbitrators to act as the arbitrator for the parties under these Arbitration Provisions. If Company fails to select one of the Proposed Arbitrators in writing within such 5-day period, then Investor may select the arbitrator from the Proposed Arbitrators by providing written notice of such selection to Company.

  • Number of Arbitrators The arbitral tribunal shall consist of:

  • Appointment of Arbitrator When a Party has requested that a grievance be submitted to arbitration, an arbitrator shall be selected from the following list: Xxxxx Xxxxxxx Xxxx Xxxxxx Xxx Xxxxxxxx

  • Authority of Arbitrator The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions under the Labour Relations Code.

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