Common use of Non-Binding Arbitration Clause in Contracts

Non-Binding Arbitration. (a) Any controversy or claim between the parties, including without limitation those arising out of or relating to this Agreement or any related agreements or instruments and those arising from any alleged tort, may be determined, subject to mutual agreement of the parties, by non-binding arbitration in accordance with the Federal Arbitration Act, the rules of practice and procedure for the arbitration of commercial disputes of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and the provisions of subsection (b) below. Arbitrability of any and all disputes shall be decided by the arbitrator. In the event of any inconsistency, the provisions of subsection (b) below shall control. (b) Arbitration hereunder shall be conducted in the State of Delaware and administered by JAMS/Endispute, Inc., which shall appoint an arbitrator. If JAMS/Endispute, Inc. is unable or legally precluded from administering the arbitration, then the American Arbitration Association shall serve. All arbitration hearings will be commenced within ninety (90) days of the demand for arbitration, provided that the arbitrator shall only be permitted to extend the commencement of such hearing for an additional sixty (60) days, and only upon a showing of cause.

Non-Binding Arbitration. (a) Any controversy or claim between the partiesParties, including without limitation those arising out of or relating to this Agreement or any related agreements or instruments and those arising from any alleged tort, may be determined, subject to mutual agreement of by the partiesParties, by non-binding arbitration in accordance with the Federal Arbitration Act, the rules of practice and procedure for the arbitration of commercial disputes of Judicial Arbitration and Mediation Services, Inc. (“"JAMS”") and the provisions of subsection (b) below. Arbitrability of any and all disputes shall be decided by the arbitrator. In the event of any inconsistency, the provisions of subsection (b) below shall control. (b) Arbitration hereunder shall be conducted in at such site as may be agreed upon by the State of Delaware Parties and administered by JAMS/Endispute, Inc., which shall appoint an arbitrator. If JAMS/Endispute, Inc. is unable or legally precluded from administering the arbitration, then the American Arbitration Association shall serve. All arbitration hearings will be commenced within ninety (90) days of the demand for arbitration, provided that the arbitrator shall only be permitted to extend the commencement of such hearing for an additional sixty (60) days, and only upon a showing of cause.