Common use of LIMITED COURT ACTIONS Clause in Contracts

LIMITED COURT ACTIONS. (a) Notwithstanding anything herein to the contrary, in the event that any party reasonably determines the amount in controversy in any Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 million and if such party desires to commence a lawsuit in lieu of complying with the arbitration provisions of this Article IV, such party shall so state in its Demand or by notice given to the other parties within 20 days after receipt of a Demand with respect thereto. If the other party to the arbitration does not agree that the amount in controversy in such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 million, the arbitrator selected pursuant to Section 4.02 hereof shall decide whether the amount in controversy in such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 million. The arbitrator shall set a date that is no later than ten days after the date of his or her appointment for submissions by the parties with respect to such issue. There shall not be any discovery in connection with such issue. The arbitrator shall render his or her decision on such issue within five days of such date so set to the arbitrator. In the event that the arbitrator determines that the amount in controversy in such Dispute (or such series of related Disputes) is, or is reasonably likely to be, in excess of $100 million, the provisions of Sections 4.01, 4.02, 4.03, 4.04, and 4.05 of Article IV of this Agreement shall not apply, and on or before (but, except as expressly set forth in Section 4.06(b), not after) the tenth business day after the date of such decision, either party to the arbitration may elect, in lieu of arbitration, to commence a lawsuit with respect to such Dispute in any court of competent jurisdiction. If the arbitrator does not so determine, the provisions of this Article IV (including with respect to time periods) shall apply as if no determinations were sought or made pursuant to this Section 4.06(a).

LIMITED COURT ACTIONS. (a) Notwithstanding anything herein to the contrary, in the event that any party reasonably determines the amount in controversy in any Dispute (or any series of related Disputes) under this Agreement or any Ancillary Agreement is, or is reasonably likely to be, in excess of $25 million and if such party desires to commence an Action in lieu of complying with the arbitration provisions of this Article, such party shall so state in its Arbitration Demand Notice or by notice given to the other parties within 20 days after receipt of an Arbitration Demand Notice with respect thereto. If the other parties to the arbitration do not agree that the amount in controversy in such Dispute (or such series of related Disputes) is, or is reasonably likely to be, in excess of $100 million and if such party desires 25 million, the arbitrator selected pursuant to commence a lawsuit in lieu of complying with the arbitration provisions of this Article IV, such party Section 8.4 hereof shall so state in its Demand or by notice given to the other parties within 20 days after receipt of a Demand with respect thereto. If the other party to the arbitration does not agree that decide whether the amount in controversy in such Dispute (or such series of related Disputes) is, or is reasonably likely to be, in excess of $100 25 million, the arbitrator selected pursuant to Section 4.02 hereof . There shall decide whether the amount not be any discovery in controversy in connection with such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 millionissue. The arbitrator shall set a date that is no later than ten days after the date of his or her appointment for submissions by the parties with respect to such issue. There shall not be any discovery in connection with such issue. The arbitrator shall render his or her decision on such issue within five days of such date so set to by the arbitrator. In the event that the arbitrator determines that the amount in controversy in such Dispute (or such series of related Disputes) is, is or is reasonably likely to be, be in excess of $100 25 million, the provisions of Sections 4.018.4(d) and (e), 4.028.5, 4.038.6, 4.04, 8.7 and 4.05 of Article IV of this Agreement 8.10 hereof shall not apply, apply and on or before (but, except as expressly set forth in Section 4.06(b8.8(b), not after) the tenth business day after the date of such decision, either any party to the arbitration may elect, in lieu of arbitration, to commence a lawsuit an Action with respect to such Dispute (or such series of related Disputes) in any court of competent jurisdiction. If the arbitrator does not so determine, the provisions of this Article IV (including with respect to time periods) shall apply as if no determinations were sought or made pursuant to this Section 4.06(a8.8(a).

LIMITED COURT ACTIONS. (a) Notwithstanding anything herein to the contrary, in the event that any party reasonably determines the amount of controversy in any dispute, controversy or claim (or any series of related disputes, controversies or claims) under this Agreement is, or is reasonably likely to be, in excess of one hundred million dollars ($100,000,000) and if such party desires to commence an Action in lieu of complying with the arbitration provisions of this Article, such party shall so state in its Arbitration Demand Notice or by notice given to the other parties within twenty (20) days after receipt of an Arbitration Demand Notice with respect thereto. If the other parties to the arbitration do not agree that the amount in controversy in any Dispute such dispute, controversy or claim (or such series of related Disputesdisputes, controversies or claims) is, or is reasonably likely to be, in excess of one hundred million dollars ($100 million and if such party desires 100,000,000), the arbitrator selected pursuant to commence a lawsuit in lieu of complying with the arbitration provisions of this Article IVSection 5A.4, such party ARBITRATORS, hereof shall so state in its Demand or by notice given to the other parties within 20 days after receipt of a Demand with respect thereto. If the other party to the arbitration does not agree that decide whether the amount in controversy in such Dispute (controversies or series of related Disputesclaims) is, or is reasonably likely to be, in excess of one hundred million dollars ($100 million, the arbitrator selected pursuant to Section 4.02 hereof shall decide whether the amount in controversy in such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 million100,000,000). The arbitrator shall set a date that is no later than ten (10) days after the date of his or her appointment for submissions by the parties with respect to such issue. There shall not be any discovery in connection with such issue. The arbitrator shall render his or her decision on such issue within five (5) days of such date so set to by the arbitrator. In the event that the arbitrator determines that the amount in controversy in such Dispute dispute, controversy or claim (or such series of related Disputesdisputes, controversies or claims) is, or is reasonably likely to be, in excess of one hundred million dollars ($100 million100,000,000), the provisions of Sections 4.01, 4.02, 4.03, 4.045A.4(d), and 4.05 of Article IV of this Agreement (e), ARBITRATORS, 5A.5, HEARINGS, 5A.6, DISCOVERY AND CERTAIN OTHER XXXXXXX, 0X.0, XXXXXXX ADDITIONAL MATTERS, and 5A.10, LAW GOVERNING ARBITRATION PROCEDURES, hereof shall not apply, apply and on or before (but, except as expressly set forth in Section 4.06(b5A.8(b), not after) the tenth (10th) business day after the date of such decision, either any party to the arbitration may elect, in lieu of arbitration, to commence a lawsuit an Action with respect to such Dispute dispute, controversy or claim (or such series of related disputes, controversies or claims) in any court of competent jurisdiction. If the arbitrator does not so determine, the provisions of this Article IV (including with respect to time periods) shall apply as if no determinations were sought or made pursuant to this Section 4.06(a)5A.8.

LIMITED COURT ACTIONS. (a) Notwithstanding anything herein to the contrary, in the event that any party reasonably determines the amount in controversy in any Dispute (or any series of related Disputes) under this Agreement or any Ancillary Agreement is, or is reasonably likely to be, in excess of $25 million and if such party desires to commence an Action in lieu of complying with the arbitration provisions of this Article, such party shall so state in its Arbitration Demand Notice or by notice given to the other parties within 20 days after receipt of an Arbitration Demand Notice with respect thereto. If the other parties to the arbitration do not agree that the amount in controversy in such Dispute (or such series of related Disputes) is, or is reasonably likely to be, in excess of $100 million and if such party desires 25 million, the arbitrator selected pursuant to commence a lawsuit in lieu of complying with the arbitration provisions of this Article IV, such party Section 8.4 hereof shall so state in its Demand or by notice given to the other parties within 20 days after receipt of a Demand with respect thereto. If the other party to the arbitration does not agree that decide whether the amount in controversy in such Dispute (or such series of related Disputes) is, or is reasonably likely to be, in excess of $100 25 million, the arbitrator selected pursuant to Section 4.02 hereof . There shall decide whether the amount not be any discovery in controversy in connection with such Dispute (or series of related Disputes) is, or is reasonably likely to be, in excess of $100 millionissue. The arbitrator shall set a date that is no later than ten days after the date of his or her appointment for submissions by the parties with respect to such issue. There shall not be any discovery in connection with such issue. The arbitrator shall render his or her decision on such issue within five days of such date so set to by the arbitrator. In the event that the arbitrator determines that the amount in controversy in such Dispute (or such series of related Disputes) is, is or is reasonably likely to be, be in excess of $100 25 million, the provisions of Sections 4.018.4(d) and (e), 4.028.5, 4.038.6, 4.04, 8.7 and 4.05 of Article IV of this Agreement 8.10 hereof shall not apply, apply and on or before (but, except as expressly set forth in Section 4.06(b8.8(b), not after) the tenth business day after the date of such decision, either any party to the arbitration may elect, in lieu of arbitration, to commence a lawsuit an Action with respect to such Dispute in any court (or such series of competent jurisdiction. If the arbitrator does not so determine, the provisions of this Article IV (including with respect to time periods) shall apply as if no determinations were sought or made pursuant to this Section 4.06(arelated Disputes).