ENDISPUTE. If the Parties are unable to agree upon a provider of arbitration services for the arbitration of their next dispute, if any, under the Agreement, then the provider of arbitration services for that arbitration shall be the American Arbitration Association. Thereafter, if the Parties are unable to agree to the provider of arbitration services for subsequent disputes that may arise under the Agreement, the provider shall alternate between the American Arbitration Association and J.A.M.S./Endispute. Applicable commercial arbitration rules of the provider selected or determined under this Section shall govern the proceeding before an arbitrator appointed by that provider.
ENDISPUTE. The third broker shall, within twenty (20) days after his or her appointment, make a determination of the Prevailing Rate. The determinations of Prevailing Rate prepared by all three (3) brokers shall be compared and the Prevailing Rate shall be the average of the two closest determinations. Such determination shall be final and binding upon the parties. The Renewal Rate shall be the Prevailing Rate so determined in accordance with the foregoing sentence. Landlord and Tenant shall each bear the expense of the broker selected by it and shall share equally the expense of the third broker, if any. Promptly following the determination of the Renewal Rate pursuant to this Section 9(c), the parties shall execute an amendment to the Lease memorializing such Renewal Rate.
ENDISPUTE. If the parties cannot agree on any of the three arbitrators within ten (10) days after a party initiates such process, the arbitrator(s) whom the parties cannot mutually agree on shall be selected by J.A.M.S./Endispute within seven (7) days following the end of such ten (10) day period. The three arbitrators shall determine all Disputes by majority vote.
ENDISPUTE. Each party agrees to pay its own costs in connection with the mediation, as well as its share the fees and costs of J.A.M.S./ENDISPUTE in connection with the mediation. If the dispute is not resolved by mediation, either party may file an action in any court of competent jurisdiction in the City of New York, State of New York; provided, however, no party to any such action shall be entitled to punitive, exemplary, special, indirect, consequential, or similar damages of any kind, including lost profits and lost business opportunity.
ENDISPUTE. If mediation does not resolve the dispute, the parties agree to binding arbitration with J.A.M.S./
ENDISPUTE. The parties shall abide by and perform any arbitration award and such award shall be entered as a judgement by any court having jurisdiction thereof.
ENDISPUTE. The arbitration shall be conducted in any state where real or personal property collateral for the credit is located or if there is no collateral, in the state of any Borrower's domicile at the time of the execution of this Agreement or at the commencement of any arbitration proceeding. The arbitration hearing shall commence within 90 days of the demand for arbitration and close within 90 days of commencement, and any award, which may include legal fees, shall be issued (with a brief written statement of the reasons therefore) within 30 days of the close of hearing. Any dispute concerning whether a claim is arbitrable or barred by the statute of limitations shall be determined by the arbitrator. This arbitration provision is not intended to limit the right of any party to exercise self-help remedies, to seek and obtain interim or provisional relief of any kind or to initiate judicial or non-judicial foreclosure against any real or personal property collateral. NOTICE OF FINAL AGREEMENT. THIS WRITTEN AGREEMENT AND THE OTHER LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. SWAP AGREEMENT. Borrower and Lender have entered into that certain international SWAP Dealers Association, Inc. Master Agreement, dated March 20, 2000 (together with all exhibits, schedules and addenda attached thereto the "SWAP Agreement"), which accomplishes an interest rate swap for the interest payments due under this Note; however Borrower hereby acknowledges that at all times Borrower is obligated to perform all covenants in this Note and other loan documents, irrespective of the terms of the SWAP Agreement. Borrower hereby acknowledges that the SWAP Agreement does not alter Borrower's obligations pursuant to this Note. FINANCIAL COVENANTS. An exhibit, titled "FINANCIAL COVENANTS," is attached to this Note and by this reference is made a part of this Note just as if all the provisions, terms and conditions of the Exhibit had been fully set forth in this Note.
ENDISPUTE. Each of the parties to the arbitration shall bear its own expenses, except that all expenses relating to the fees of the arbitrators and the administrative fee of the American Arbitration Association shall be shared equally between the parties. If the parties are not able to agree upon the rate of compensation of the impartial and neutral arbitrator, the American Arbitration Association shall determine such rate based upon the normal and customary hourly or daily consulting rate of such impartial and neutral arbitrator. The arbitrators shall be instructed to conduct the arbitration in a manner as expeditious as reasonably possible, consistent with the parties’ intention to have a full and fair hearing on the merits of the disputed matter. Unless otherwise agreed by the parties, the parties shall make their initial and any supplemental claims to the arbitration panel within 20 days after the Arbitration Request. The arbitrators shall set a limited time period and establish procedures designed to reduce the cost and time for discovery while allowing the parties an opportunity, adequate in the sole judgment of the majority of the three arbitrators to discover relevant information from the opposing parties about the subject matter of the dispute. The majority of the three arbitrators shall rule upon motions to compel or limit discovery and shall have the authority to impose sanctions, including attorneys’ fees and costs, to the same extent as a competent court of law or equity, should the majority of the three arbitrators determine that discovery was sought without substantial justification or that discovery was refused or objected to without substantial justification. Each party shall supply to the other party copies of any and all materials that are supplied to the arbitrators concurrently with delivery of such materials to the arbitrators. At least five days prior to the commencement of any hearing on the merits before the arbitration panel, each party shall deliver to the arbitrators and to the other party a list of all witnesses whose testimony such party tends to introduce in connection with all such hearings as well as copies of all documents not previously delivered which such party intends to introduce into evidence or to rely upon in connection with such hearings. The decision of a majority of the three arbitrators as to the validity and amount of any claim shall be final, binding, and conclusive upon the parties to this Agreement. Such conclusions s...
ENDISPUTE. The arbitrator(s) shall determine how all expenses relating to the arbitration shall be paid, including the respective expenses of each party, the fees of each arbitrator and the administrative fee of the American Arbitration Association. The arbitrator or arbitrators, as the case may be, shall set a limited time period and establish procedures designed to reduce the cost and time for discovery while allowing the parties an opportunity, adequate in the sole judgment of the arbitrator or majority of the three arbitrators, as the case may be, to discover relevant information from the opposing parties about the subject matter of the dispute. The arbitrator, or a majority of the three arbitrators, as the case may be, shall rule upon motions to compel or limit discovery and shall have the authority to impose sanctions, including attorneys' fees and costs, to the same extent as a competent court of law or equity, should the arbitrators or a majority of the three arbitrators, as the case may be, determine that discovery was sought without substantial justification or that discovery was refused or objected to without substantial justification. The decision of the arbitrator or a majority of the three arbitrators, as the case may be, as to the validity and amount of any claim shall be final, binding, and conclusive upon the parties to this Agreement. Such conclusions shall set forth the award, judgment, decree or order awarded by the arbitrator(s), and the Escrow Agent shall be entitled to rely on, and make distributions from the Indemnification Escrow Fund in accordance with, the terms of such award, judgment, decree or order as applicable. Within thirty (30) days of a decision of the arbitrator(s) requiring payment by one party to another, such party shall make the payment to such other party or, in the case of a payment to a Parent Indemnified Party, cause the Escrow Agent to make the payment to such Indemnified Party.
