Exceptions to Arbitration. The obligation to arbitrate shall not be binding upon any Party with respect to (i) requests for preliminary injunctions, temporary restraining orders, specific performance, or other procedures in a court of competent jurisdiction located in New York State to obtain interim relief deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual Dispute; (ii) actions to enforce an award of an arbitrator or otherwise to collect payments not subject to bonafide dispute; or (iii) claims involving third parties who have not agreed to participate in the arbitration of the Dispute.
Appears in 2 contracts
Sources: Ground Lease, Ground Lease
Exceptions to Arbitration. The obligation to arbitrate shall not be binding upon any Party with respect to (i) requests for preliminary injunctions, temporary restraining orders, specific performance, or other procedures in a court of competent jurisdiction located in New York State to obtain interim relief deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual Dispute; (ii) actions to enforce an award of an arbitrator or otherwise to collect payments not subject to bonafide dispute; or (iii) claims involving third parties who have not agreed to participate in the arbitration of the Dispute.;
Appears in 1 contract
Sources: Ground Lease
Exceptions to Arbitration. The obligation to arbitrate shall not be binding upon any Party with respect to to: (i) requests for preliminary injunctions, temporary restraining orders, specific performance, or other procedures in a court of competent jurisdiction located in New York State to obtain interim relief deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual Dispute; (ii) actions to enforce an award of an arbitrator a Panel or otherwise to collect payments not subject to bonafide bona fide dispute; or (iii) claims involving third parties who have not agreed to participate in the arbitration of the Dispute.
Appears in 1 contract
Sources: Power Purchase Agreement
Exceptions to Arbitration. The obligation to arbitrate shall not be binding upon any Party party with respect to to: (i) requests for preliminary injunctions, temporary restraining orders, specific performance, or other procedures in a court of competent jurisdiction located in New York State to obtain interim relief deemed necessary by such court to preserve the status quo or prevent irreparable injury harm pending resolution by arbitration of the actual Dispute; (ii) actions seeking equitable relief related to enforce an award a breach or threatened breach of an arbitrator or otherwise to collect Section 22; (iii) the collection of payments not subject to bonafide a bona fide dispute; or (iiiiv) claims involving third parties who have not agreed to participate in the arbitration of the Dispute.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Exceptions to Arbitration. The obligation to arbitrate shall not be binding upon any Party with respect to (i) requests for preliminary injunctions, temporary restraining orders, specific performance, or other procedures in a court of competent jurisdiction located in New York State to obtain interim relief deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual Dispute; (ii) actions to enforce an award of an arbitrator a Panel or otherwise to collect payments not subject to bonafide dispute; or (iii) claims involving third parties who have not agreed to participate in the arbitration of the Dispute.
Appears in 1 contract
Sources: Power Purchase Agreement
Exceptions to Arbitration. The obligation to arbitrate shall not be binding upon any Party with respect to (i) requests for preliminary injunctions, temporary restraining orders, specific performance, or other procedures in a court of competent jurisdiction located in New York State to obtain interim relief deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual Dispute; (ii) actions to enforce an award of an arbitrator a Panel or otherwise to collect payments not subject to bonafide bona fide dispute; or (iii) claims involving third parties who have not agreed to participate in the arbitration of the Dispute.
Appears in 1 contract
Sources: Power Purchase Agreement