Common use of Disputes to be Arbitrated Clause in Contracts

Disputes to be Arbitrated. If a dispute ("Dispute") between the parties to this Agreement arises out of or in connection with this Agreement and the parties hereto have not been successful in resolving such Dispute through negotiation, such Dispute shall be resolved by binding arbitration pursuant to the Federal Arbitration Act. The arbitration may be initiated by either party by providing to the other a written notice of arbitration specifying the Disputes to be arbitrated. If a party refuses to honor its obligations to arbitrate, the other party may seek to compel arbitration in either federal or state court. The arbitration proceeding shall be conducted in Houston, Texas, or other location mutually agreed upon by the parties. Within thirty (30) days of the notice initiating the arbitration procedure, each party shall designate one arbitrator, who need not be impartial. If either party fails to designate an arbitrator, the other party may have an arbitrator appointed by applying to the senior active United States District Judge for the Southern District of Texas. The two arbitrators shall select a third arbitrator. If the two arbitrators chosen by the parties fail to agree upon the third arbitrator, both or either of the parties may apply to the senior active United States District Judge for the Southern District of Texas for the appointment of a third arbitrator. The third arbitrator shall take an oath of neutrality.

Appears in 1 contract

Samples: Forward Sale Contract (Eex Corp)

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Disputes to be Arbitrated. If a dispute ("Dispute") between the parties to this Agreement arises Any and all claims, demands, causes of action, disputes, controversies, and other matters in question arising out of or relating to this Agreement, any of its provisions, or the relationship between the Parties created by this Agreement, whether sounding in connection with this Agreement and contract, tort, or otherwise, whether provided by statute or the parties hereto have not been successful in resolving such Dispute through negotiationcommon law, such Dispute for damages or any other relief, including, without limitation, all Claims (all of which are referred to herein as "DISPUTES"), shall be resolved by binding arbitration pursuant to the Federal Arbitration Act. The arbitration may be initiated by either party Party by providing to the other a written notice of arbitration specifying the Disputes to be arbitrated. If a party Party refuses to honor its obligations to arbitrate, the other party Party may seek to compel arbitration in either federal or state court. The arbitration proceeding shall be conducted in Houston, Texas, or other location mutually agreed upon by the partiesParties. Within thirty (30) days 30 Days of the notice initiating the arbitration procedure, each party Party shall designate one arbitrator, who need not be impartial. If either party a Party fails to designate an arbitrator, the other party Party may have an arbitrator appointed by applying to the senior active United States District Judge for the Southern District of Texas. The two arbitrators shall select a third arbitrator. If the two arbitrators chosen by the parties fail fails to agree upon the third arbitrator, both or either of the parties all Parties may apply to the senior active United States District Judge for the Southern District of Texas for the appointment of a third arbitrator. The third arbitrator shall take an oath of neutrality.

Appears in 1 contract

Samples: Sale Agreement (Newpower Holdings Inc)

Disputes to be Arbitrated. If a dispute ("Dispute") between the parties to this Agreement arises Any and all claims, demands, causes of ------------------------------------- action, disputes, controversies, and other matters in question arising out of or relating to this Agreement, any of its provisions, or the relationship between the Parties created by this Agreement, whether sounding in connection with this Agreement and contract, tort, or otherwise, whether provided by statute or the parties hereto have not been successful in resolving such Dispute through negotiationcommon law, such Dispute for damages or any other relief, including, without limitation, all Claims (all of which are referred to herein as "Disputes"), shall be resolved by binding arbitration -------- pursuant to the Federal Arbitration Act. The arbitration may be initiated by either party Party by providing to the other a written notice of arbitration specifying the Disputes to be arbitrated. If a party Party refuses to honor its obligations to arbitrate, the other party Party may seek to compel arbitration in either federal or state court. The arbitration proceeding shall be conducted in Houston, Texas, or other location mutually agreed upon by the partiesParties. Within thirty (30) days 30 Days of the notice initiating the arbitration procedure, each party Party shall designate one arbitrator, who need not be impartial. If either party a Party fails to designate an arbitrator, the other party Party may have an arbitrator appointed by applying to the senior active United States District Judge for the Southern District of Texas. The two arbitrators shall select a third arbitrator. If the two arbitrators chosen by the parties Parties fail to agree upon the third arbitrator, both or either of the parties Parties may apply to the senior active United States District Judge for the Southern District of Texas for the appointment of a third arbitrator. The third arbitrator shall take an oath of neutrality.

Appears in 1 contract

Samples: Agreement (Boston Gas Co)

Disputes to be Arbitrated. If a dispute ("Dispute") between the parties to this Agreement arises Any and all claims, demands, causes of action, disputes, controversies, and other matters in question arising out of or relating to this Contract, any of its provisions, or the relationship between the Parties created by this Contract, whether sounding in connection with this Agreement and contract, tort, or otherwise, whether provided by statute or the parties hereto have not been successful in resolving such Dispute through negotiationcommon law, such Dispute for damages or any other relief, including, without limitation, all Claims (all of which are referred to herein as "Disputes"), shall be resolved by binding arbitration pursuant to the Federal Arbitration Act. The arbitration may be initiated by either party Party by providing to the other a written notice of arbitration specifying the Disputes to be arbitrated. If a party Party refuses to honor its obligations to arbitrate, the other party Party may seek to compel arbitration in either federal or state court. The arbitration proceeding shall be conducted in Houston, Texas, or other location mutually agreed upon by the partiesParties. Within thirty 30thirty (30) days Days of the notice initiating the arbitration procedure, each party Party shall designate one arbitrator, who need not be impartial. If either party a Party fails to designate an arbitrator, the other party Party may have an arbitrator appointed by applying to the senior active United States District Judge for the Southern District of Texas. The two arbitrators shall select a third arbitrator. If the two arbitrators chosen by the parties Parties fail to agree upon the third arbitrator, both or either of the parties Parties may apply to the senior active United States District Judge for the Southern District of Texas for the appointment of a third arbitrator. The third arbitrator shall take an oath of neutrality.

Appears in 1 contract

Samples: Gas Purchase Contract

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Disputes to be Arbitrated. If a dispute ("Dispute") between the parties to this Agreement arises Any and all claims, demands, causes of action, disputes, controversies, and other matters in question arising out of or relating to this Agreement, any of its provisions, or the relationship between the Parties created by this Agreement, whether sounding in connection with this Agreement and contract, tort, or otherwise, whether provided by statute or the parties hereto have not been successful in resolving such Dispute through negotiationcommon law, such Dispute for damages or any other relief, including, without limitation, all Claims (all of which are referred to herein as "Disputes"), shall be resolved by binding arbitration pursuant to the Federal Arbitration Act. The arbitration may be initiated by either party Party by providing to the other a written notice of arbitration specifying the Disputes to be arbitrated. If a party Party refuses to honor its obligations to arbitrate, the other party Party may seek to compel arbitration in either federal or state court. The arbitration proceeding shall be conducted in Houston, Texas, or other location mutually agreed upon by the partiesParties. Within thirty (30) days 30 Days of the notice initiating the arbitration procedure, each party Party shall designate one arbitrator, who need not be impartial. If either party a Party fails to designate an arbitrator, the other party Party may have an arbitrator appointed by applying to the senior active United States District Judge for the Southern District of Texas. The two arbitrators shall select a third arbitrator. If the two arbitrators chosen by the parties Parties fail to agree upon the third arbitrator, both or either of the parties Parties may apply to the senior active United States District Judge for the Southern District of Texas for the appointment of a third arbitrator. The third arbitrator shall take an oath of neutrality.

Appears in 1 contract

Samples: Gas Purchase Agreement

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