Common use of Litigation and Unilateral Commencement of Arbitration Clause in Contracts

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VIII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 8.1, Section 8.2 and Section 8.3 if such action is reasonably necessary to avoid irreparable damage and (b) either Party may initiate arbitration before the expiration of the periods specified in Section 8.1, Section 8.2 and/or Section 8.3 if such Party has submitted an Officer Negotiation Request, a CEO Negotiation Request and/or an Arbitration Request and the other Party has failed to comply with Section 8.1, Section 8.2 and/or Section 8.3 in good faith with respect to such negotiation and/or the commencement and engagement in arbitration. In such event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the JAMS Rules.

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VIIIVII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 8.17.1, Section 8.2 7.2, Section 7.3 and Section 8.3 7.4 if such action is reasonably necessary to avoid irreparable damage and (b) either Party may initiate arbitration before the expiration of the periods specified in Section 8.17.1, Section 8.2 and/or 7.2, Section 8.3 7.3 and Section 7.4 if such Party has submitted an Officer Negotiation Request, a General Counsel Negotiation Request, a CEO Negotiation Request and/or an Arbitration Request and the other Party has failed to comply with Section 8.17.1, Section 8.2 7.2, Section 7.3 and/or Section 8.3 7.4 in good faith with respect to such negotiation and/or the commencement and engagement in arbitration. In such event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the provisions of JAMS Comprehensive Rules or the JAMS Streamlined Rules, as applicable.

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VIIIXII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 8.112.1, Section 8.2 12.2 and Section 8.3 12.3 if such action is reasonably necessary to avoid irreparable damage damage, and (b) either Party may initiate arbitration before the expiration of the periods specified in Section 8.112.1, Section 8.2 and/or 12.2 and Section 8.3 12.3 if such Party has submitted an Officer Negotiation Request, a CEO Negotiation Request and/or an Arbitration Request and the other Party has failed to comply with Section 8.112.1, Section 8.2 and/or 12.2 and Section 8.3 12.3 in good faith with respect to such negotiation and/or the commencement and engagement in arbitration. In such event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the provisions of the JAMS Streamlined Rules.

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VIIIVII, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 8.17.1, Section 8.2 7.2 and Section 8.3 7.3 if such action is reasonably necessary to avoid irreparable damage damage, and (b) either Party may initiate arbitration before the expiration of the periods specified in Section 8.17.1, Section 8.2 and/or 7.2 and Section 8.3 7.2 if such Party has submitted an Officer Negotiation Request, a CEO Negotiation Request and/or an Arbitration Request and the other Party has failed to comply with Section 8.17.1, Section 8.2 7.2 and/or Section 8.3 7.3 in good faith with respect to such negotiation and/or the commencement and engagement in arbitration. In such event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the provisions of the JAMS Streamlined Rules.

Litigation and Unilateral Commencement of Arbitration. Notwithstanding the foregoing provisions of this Article VIIIIX, (a) a Party may seek preliminary provisional or injunctive judicial relief with respect to a Dispute without first complying with the procedures set forth in Section 8.19.1, Section 8.2 9.2 and Section 8.3 9.3 if such action is reasonably necessary to avoid irreparable damage damage, and (b) either Party may initiate arbitration before the expiration of the periods specified in Section 8.19.1, Section 8.2 and/or 9.2 and Section 8.3 9.3 if such Party has submitted an Officer Negotiation Request, a CEO Negotiation Request and/or an Arbitration Request and the other Party has failed to comply with Section 8.19.1, Section 8.2 9.2 and/or Section 8.3 9.3 in good faith with respect to such negotiation and/or the commencement and engagement in arbitration. In such event, the other Party may commence and prosecute such arbitration unilaterally in accordance with the provisions of the JAMS Streamlined Rules.