Limited Arbitration. It is agreed, as a severable and independent arbitration agreement separately enforceable from the remainder of this Agreement, that all disputes under Article 7 or Article 8 shall be finally and exclusively submitted to, and determined by, binding arbitration. The arbitration proceedings shall be held in Houston, Texas. The arbitration shall be conducted before a single arbitrator (who shall be selected by mutual agreement of the Parties) pursuant to the then current Commercial Arbitration Rules of the American Arbitration Association (the “AAA”); provided, however, that if disputes exist with respect to both title and environmental matters, and the Parties cannot agree on a single arbitrator with experience in both such matters, the Parties agree to conduct separate arbitration proceedings with the title disputes and environmental disputes being submitted to separate arbitrators. If the Parties are unable to agree on any arbitrator, the Houston office of the AAA shall select the arbitrator. No arbitrator shall be selected who has had an affiliation with either Party or any Affiliate of either Party within the five year period preceding the arbitration, or has any financial interest in the dispute, controversy, or claim. Each arbitrator must be a licensed and practicing attorney (including any attorney practicing in-house for a company, with an outside law firm, as a solo practitioner, or as a professional arbitrator) or a retired judge of a state or federal court. If any arbitrator should die, withdraw, or otherwise become incapable of serving, or refuse to serve, a successor arbitrator shall be selected and appointed in the same manner as the original arbitrator. In the event of any conflict between the Commercial Arbitration Rules of the AAA and the provisions of this Section 8.8, the provisions of this Section 8.8 shall govern and control. Each arbitrator shall apply the laws of the State of Texas (without regard to conflict of law rules) to the dispute, controversy, or claim except to the extent the subject matter of the dispute, controversy, or claim is governed by the laws of another jurisdiction. With respect to each matter submitted to the arbitrator pursuant to this Section 8.8, the arbitrator must resolve such matter by choosing one Party’s proposed resolution, and may not resolve such matter in any other manner. To the extent that they are not inconsistent with the Commercial Arbitration Rules of the AAA, evidentiary questions shall be governe...
Limited Arbitration. In the event that the Employee is terminated by the Company hereunder for Cause, the Employee shall have the right to give notice to the Company of his decision to arbitrate whether or not such termination was for Cause or without Cause, provided that the Employee provides the Company with written notice of his intent to arbitrate such dispute within thirty (30) days of the date of termination. Each party shall select one arbitrator, and the two arbitrators thereby selected shall select a third arbitrator. The arbitration shall take place in Providence County, Rhode Island or such other place as the parties shall agree, under the then-current Commercial Arbitration Rules of the American Arbitration Association. The decision of a majority of the three arbitrators will be final and binding on the parties to this Agreement. The arbitrators will only have the authority to determine whether such termination was for Cause or without Cause, and will not have the authority to award any damages whatsoever. Following such decision, the parties agree that all of the terms of this Agreement shall continue to govern the parties, including, without limitation, the restrictive covenants in Sections 10 through 15 and any severance payments or benefits, if any, to be provided by the Company to the Employee.
Limited Arbitration. Except to the limited extent expressly provided in Section 3.5, Section 6.5 and Section 8.11(c), disputes and differences arising under or out of, in relation to or in any way connected with this Agreement shall not be subject to arbitration.
Limited Arbitration. (a) The Parties agree that all disagreements or disputes with respect to any accounting matters in connection with determining Revenue and/or with the Final Closing Balance Sheet shall be resolved in accordance with Sections 11.9(b) and (c).
Limited Arbitration. Certain paragraphs of this Agreement require that matters which cannot be mutually agreed upon by the parties shall be submitted to arbitration pursuant to the provisions of this paragraph 6. In such event, the matter, dispute or issue shall be resolved through arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration decision shall be binding upon both parties. As to all other issues, matters and disputes which are not required to be resolved through arbitration, each party shall have all legal and equitable rights and remedies as provided by law.
Limited Arbitration. Disagreements under Sections of this Agreement which make specific reference to this Section 18.3 shall be settled by arbitration in accordance with the licensing arbitration rules of the American Arbitration Association by a board of arbitrators consisting of one arbitrator appointed by B&L, one arbitrator appointed by Symbollon, and a third arbitrator chosen by the mutual agreement of B&L and Symbollon, which third arbitrator shall be unrelated either to B&L or Symbollon. Any arbitration hereunder shall be held in Boston, Massachusetts if initiated by B&L and in Rochester, New York if initiated by Symbollon. In such arbitration proceedings, this Agreement shall be governed by and construed according to Massachusetts or New York law as provided in Section 18.2. Arbitration may be commenced at any time by either party hereto giving written notice to the other party to a dispute that such dispute has been referred to arbitration. Any judgment or decision rendered by the panel shall be binding upon the parties and shall be enforceable by any court of competent jurisdiction. Each party shall pay its own expenses of arbitration and the expenses of the arbitrators shall be equally shared, provided, however, that if in the opinion of the arbitrators any claim hereunder or any defense or objection thereto was unreasonable, the arbitrators may assess, as part of their reward, all or any part of the arbitration expenses of the other party (including reasonable attorneys' fees) and of the arbitrators against the party raising such unreasonable claim, defense or objection.
Limited Arbitration. In the event the Parties are unable to agree upon the disposition of any Collaboration Work Product in accordance with section 9.5.3 above, then the matter shall be resolved by arbitration in accordance with this Section 9.5.4, and the Parties shall, upon the written demand of either party, promptly (but in no event more than ten (10) days after receipt of such demand by the receiving Party) confer to appoint a single arbitrator knowledgeable in the Field and the commercialization of products useful in the Field. If the parties are unable to agree on the appointment of a single arbitrator, the Parties shall each appoint an arbitrator not later than ten (10) days after the Parties first confer, and the two so appointed shall promptly confer to appoint a third arbitrator to act as chairman of the arbitration. The arbitration shall be conducted in a confidential manner so that all information submitted to the arbitrator(s) shall be deemed to constitute Confidential Information hereunder, and the * Confidential Treatment has been requested for the marked portion.
Limited Arbitration. (a) Landlord and Tenant agree that any dispute between the parties shall be resolved by the courts of the State of New York, and not by arbitration. Notwithstanding the preceding sentence, the parties have expressly in this Lease agreed to have disputes regarding Landlord's Statements in Section 6.5 resolved by arbitration if the parties cannot agree on their resolution.
