Enforcement Matters Sample Clauses
Enforcement Matters a. Except as may be otherwise provided in this Agreement, all disputes and controversies arising under or in connection with this Agreement shall be settled by arbitration conducted in accordance with the arbitration procedures described in this section. Except as otherwise provided in the JAMS’ Comprehensive Arbitration Rules and Procedures as in effect from time to time (the “JAMS Rules”), the arbitration procedures described in this section and any Final Arbitration Award (as defined below) will be governed by, and will be enforceable pursuant to, the Uniform Arbitration Act as in effect in the State of New Jersey from time to time. Arbitral proceedings initiated hereunder shall take place in Cranbury, NJ, or another place agreeable to the parties to the dispute, before a single arbitrator who is agreeable to such parties. If the parties are unable to agree on an arbitrator within a reasonable period of time, an arbitrator shall be selected in accordance with the JAMS Rules. The arbitration (including discovery) will be conducted under the JAMS Rules, as the same may be modified by any written agreement between the parties to the dispute. The arbitrator will conduct the arbitration in a manner so that the final result, determination, finding, judgment or award determined by the arbitrator (the “Final Arbitration Award”) is made or rendered as soon as practicable, and the parties to the dispute will use reasonable efforts to cause a Final Arbitration Award to occur within ninety (90) days after the arbitrator is selected. Any Final Arbitration Award will be final and binding upon the parties to the dispute, and there will be no appeal from or reexamination of any Final Arbitration Award, except in the case of fraud or perjury or misconduct by the arbitrator prejudicing the rights of any party to the dispute or to correct manifest clerical errors. A Final Arbitration Award may be enforced in any state or federal court having jurisdiction over the subject matter of the dispute. Each party to the dispute shall bear and be solely responsible for all costs and expenses (including fees and disbursements of counsel) incurred by such party in connection with any arbitration conducted hereunder, and the costs and expenses of the arbitrator shall be borne 50% by the Company and 50% by the Participant.
b. Except to the extent required by subsection a., for the purpose of litigating disputes that arise under this Agreement, the parties hereby consent to exclusive ju...
Enforcement Matters. The following provisions shall apply to the parties to the 1994 Agreement, as amended:
a. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to the 2001 Amended Agreement, as it may be amended from time to time, or the Employee's employment by the Company, such controversy, claim or dispute shall be settled in accordance with the rules of arbitration of the American Arbitration Association under the rules then pertaining in Boston, Massachusetts, and shall be conducted under the Expedited Procedures thereof. The arbitrator shall be a person with significant experience in businesses similar to the business conducted by the Company. The parties agree that such arbitration shall be binding and conclusive upon them. At the request of either party, arbitration proceedings will be conducted in secrecy, and in such case, all documents, testimony and records shall be received, heard and maintained by the arbitrators in confidence and available for inspection only by the parties or any court in which an award is finally entered. Judgment upon any award so rendered may be entered in any court of competent jurisdiction.
b. In the event of litigation or arbitration relating to the 2001 Amended Agreement, as it may be amended from time to time, the Employee, if the prevailing party, shall be paid its reasonable expenses and reasonable attorney's fees by the other party.
c. In the event of litigation or arbitration relating to the payment of the obligations by the Company under the 2001 Amended Agreement, as it may be amended from time to time, the Employee, if the prevailing party, shall be paid treble damages by the other party.
d. In the event of litigation or arbitration relating to the 2001 Amended Agreement, as it may be amended from time to time, the Employee, if the prevailing party, shall be paid interest by the other party on any amounts due at the rate of 12% per annum, calculated on a daily basis.
e. Any litigation or arbitration relating to the 2001 Amended Agreement, as it may be amended from time to time shall be decided in the federal or state courts of Massachusetts as to litigation, or in Boston, Massachusetts as to arbitration.
Enforcement Matters. Notwithstanding anything to the contrary contained herein or in any other Loan Document, the authority to enforce rights and remedies hereunder and under the other Loan Documents against Parent, the ABL Administrative Borrower, any of its Restricted Subsidiaries or any of them shall be vested exclusively in, and all actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, the Administrative Agent in accordance with Section 7.1 for the benefit of the Required Lenders; provided that the foregoing shall not prohibit (a) the Administrative Agent from exercising on its own behalf the rights and remedies that inure to its benefit (solely in its capacity as Administrative Agent) hereunder and under the other Loan Documents, (b) any Lender from exercising setoff rights in accordance with Section 9.8 (subject to the terms of Section 2.21(c)), or (c) any Lender from filing proofs of claim or appearing and filing pleadings on its own behalf during the pendency of a proceeding relative to any Loan Party under any Debtor Relief Law; and provided, further, that if at any time there is no Person acting as Administrative Agent hereunder and under the other Loan Documents, then the Required Lenders (and no other Person) shall have the rights otherwise ascribed to the Administrative Agent at the instruction of the Required Lenders pursuant to Section 7.1.
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Enforcement Matters. The Parties agree to work and cooperate to fulfill their respective duties and responsibilities for alcohol and tobacco tax administration, regulation, and enforcement, in accordance with Maryland law and any appropriate delegation of authority. In the performance of their duties under State law and pursuant to this MOU, the Parties shall work cooperatively and, unless prohibited by law, share information with each other regarding joint enforcement efforts. When, upon request by the COM, field enforcement agents or inspectors employed by the OED perform any inspection or enforcement activity that relates to the COM’s functions, duties, and/or oversight, those field enforcement agents or inspectors act under the authority of the COM’s Field Enforcement Bureau Director. When, upon request by the OED, field enforcement agents or inspectors employed by the COM perform any inspection or enforcement activity that relates to the Office of the Executive Director’s functions, duties, and/or oversight, those COM field enforcement agents or inspectors act under the authority of the OED of the ATCC. The COM agrees to maintain and authorize use of the radio frequency currently used by field enforcement agents and inspectors of both agencies to maintain effective radio communications by field enforcement agents and inspectors employed by the OED of the ATCC. Such maintenance and authorization by the COM shall continue until the OED establishes an independent radio frequency for use by its field enforcement agents and inspectors. Once the OED establishes its independent radio frequency, it will no longer be authorized to use the radio frequency maintained by the COM, and the OED shall immediately cease all use of the COM’s radio frequency. The OED shall promptly notify the COM when it establishes its own independent radio frequency.
Enforcement Matters