Dispute resolution; Attorney’s fees. In the event RANW MLS claims that Firm, Salesperson, or Consultant has violated the RANW MLS Policies, RANW MLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the RANW MLS Policies, provided RANW MLS does not also base a claim that Firm, Salesperson, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any controversy or claim to which Consultant is not a party arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, including its Optional Rules for Emergency Measures of Protection (collectively, the “Arbitration Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Wisconsin located in Outagamie or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to RANW MLS’s disciplinary procedures or to arbitration. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.
Dispute resolution; Attorney’s fees. The Company and Executive agree that any dispute arising as to the parties' rights and obligations hereunder, other than with respect to Section 6, shall, at the election and upon written demand of either party, be submitted to arbitration before a single arbitrator in Delaware County, PA under the National Rules for the Resolution of Employment Disputes of the American Arbitration Association.
Dispute resolution; Attorney’s fees. The Employer and the Employee agree that any dispute arising as to the parties' rights and obligations hereunder shall be resolved by binding arbitration before an arbitrator to be determined by mutually agreeable means. In such event, each of the Employer and the Employee shall have the right to full discovery. The Employer shall bear all costs of the arbitrator in any such proceeding, and if the arbitration is definitively decided in the Employee's favor, the Employee shall have the right, in addition to any other relief granted by such arbitrator, to recover reasonable attorneys' fees; provided, however, that the Employer shall have the right, in any dispute other than a dispute relating to the occurrence of a Change in Control or the payment of an amount under Section 3(e)(iii), in addition to any other relief granted by such arbitrator, to recover reasonable attorneys' fees in the event that a claim brought by the Employee is definitively decided in the Employer's favor (with the amount of such fees being limited to those expended defending the claim or claims decided in favor of the Employer). Any judgment by such arbitrator may be entered into any court with jurisdiction over the dispute.
Dispute resolution; Attorney’s fees. In the event HiCentral MLS claims that Participant Party, Sales Associate Party, or Consultant has violated the HiCentral MLS Policies, HiCentral MLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the HiCentral MLS Policies, provided HiCentral MLS does not also base a claim that Participant Party, Sales Associate Party, or Consultant has breached this Agreement on the same facts. Except as set forth in the preceding sentence, any and all claims, controversies or disputes arising out of or relating to the interpretation or enforcement of this Agreement, or the breach thereof, which remain unresolved after direct negotiations between the parties, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc. (Hawaii), then in effect. If any issues, claims or disputes remain unresolved after mediation concludes, the parties shall submit any such issues to binding arbitration before one arbitrator in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. The parties further agree that the award of the arbitrator shall be binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction. As may be necessary, the parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Hawaii located in Honolulu County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to HiCentral MLS’s disciplinary procedures or to arbitration. Nothing in this section shall prevent HiCentral MLS from exercising any of its rights under Section 23. If HiCentral MLS prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.
Dispute resolution; Attorney’s fees. The Company, the Employer and the Executive agree that any dispute arising as to the parties' rights and obligations hereunder shall be resolved by binding arbitration before a private judge to be determined by mutually agreeable means. In such event, each of the Company, the Employer and the Executive shall have the right to full discovery. The Executive shall have the right, in addition to any other relief granted by such arbitrator, to attorneys' fees in the event that a claim brought by the Executive is decided in the Executive's favor (with the amount of such fees being limited to those expended defending the claim or claims decided in favor of the Executive). Any judgment by such arbitrator may be entered into any court with jurisdiction over the dispute.
Dispute resolution; Attorney’s fees. Subject to the Company’s rights under Section 6(b), any dispute, claim or controversy arising out of or relating to this Agreement or the employment relationship, including without limitation any dispute, claim or controversy concerning validity, enforceability, breach or termination hereof or any claims under federal or state law for age, race, sex, disability or other discrimination, shall be finally settled by arbitration in accordance with the then-prevailing Commercial Arbitration Rules of the American Arbitration Association, as modified herein (“Rules”). There shall be one arbitrator who shall be jointly selected by the parties. If the parties have not jointly agreed upon an arbitrator within twenty (20) calendar days of respondent’s receipt of claimant’s notice of intention to arbitrate, either party may request the American Arbitration Association to furnish the parties with a list of names from which the parties shall jointly select an arbitrator. If the parties have not agreed upon an arbitrator within ten (10) calendar days of the transmittal date of the list, then each party shall have an additional five (5) calendar days in which to strike any names objected to, number the remaining names in order of preference, and return the list to the American Arbitration Association, which shall then select an arbitrator in accordance with Rule 13 of the Rules. The place of arbitration shall be Chicago, Illinois. By agreeing to arbitration, the parties hereto do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of arbitration. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment upon the award of the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its or his own costs and expenses in any such arbitration and one-half of the arbitrator’s fees and expenses. If the arbitration is definitively decided in the Executive’s favor, the Executive shall have the right, in addition to any other relief granted by such arbitrator, to recover reasonable attorneys’ fees; provided, however, that the Company shall have the right, in addition to any other relief granted by such arbitrator, to recover reasonable attorneys’ fees in the event that a claim brought by the Executive is definitively decided in the Company’s favor.
Dispute resolution; Attorney’s fees. The Employer and the Employee agree that any dispute arising as to the parties' rights and obligations hereunder shall be resolved by binding arbitration before a private judge to be determined by mutually agreeable means. In such event, the Employer and the Employee shall have the right to full discovery. The Employee shall have the right, in addition to any other relief granted by such arbitrator, to attorneys' fees in the event that a claim brought by the Employee is decided in the Employee's favor (with the amount of such fees being limited to those expended defending the claim or claims decided in favor of the Employee). Any judgment by such arbitrator may be entered into any court with jurisdiction over the dispute.
Dispute resolution; Attorney’s fees. In the event CTMLS claims that Firm, Subscriber Party, or Consultant has violated the CTMLS Policies, CTMLS may, at its option, resolve such a claim according to the disciplinary procedures set out in the CTMLS Policies, provided CTMLS does not also base a claim that Firm, Subscriber Party, or Consultant has breached this Agreement on the same facts. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of South Carolina located in Charleston County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to CTMLS’s disciplinary procedures. If any party prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.
Dispute resolution; Attorney’s fees. The Company and the Executive agree that any dispute arising as to the parties' rights and obligations hereunder, other than with respect to Section 6 hereof, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association for resolution of employment disputes then in effect and/or commercial disputes. Each party shall have the right, in addition to any other relief granted by such arbitrator (or by any court with respect to relief granted with respect to Section 6 hereof), to reasonable attorneys' fees based on a determination by the arbitrator (or, with respect to Section 6 hereof, the court) of the extent to which each party has prevailed as to the material issues raised the dispute.
Dispute resolution; Attorney’s fees. In the event KAAR claims that Firm, Licensee Party, or Third Party Vendor has violated the KAAR Policies, KAAR may, at its option, resolve such a claim according to the disciplinary procedures set out in the KAAR Policies. Except as set forth in the preceding sentence, any controversy or claim shall have venue before the state or federal courts in Xxxx County Tennessee. The parties irrevocably agree, consent, and submit themselves to personal jurisdiction in the courts of the State of Tennessee located in Xxxx County or the federal court of the United States situated therein, as applicable, which shall have sole and exclusive jurisdiction over any action under this Agreement not subject to KAAR’s disciplinary procedures. If KAAR prevails in an action or proceeding to enforce or interpret this Agreement or any provision hereof, it shall be entitled to reasonable attorney’s fees and costs for the legal action.
