Common use of Non-Binding Arbitration Clause in Contracts

Non-Binding Arbitration. a. As to any Dispute that is not resolved by mediation in accordance with the procedures in Section 7.3, any Party may initiate non-binding arbitration with JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Procedures”) then currently in effect. Except to the extent inconsistent with this Agreement, the arbitration shall be conducted under the JAMS Procedures. b. The arbitration shall be conducted by a panel of three arbitrators, one of whom shall be selected by the Complaining Party and one of whom shall be selected by the Responding Party within ten (10) days of the Commencement of the arbitration under JAMS Procedures, and the third to be selected by the Party-appointed arbitrators within ten (10) days of the second selection. If the party-nominated Arbitrators fail or are unable to timely select a mutually agreeable third Arbitrator, the third Arbitrator shall be selected and appointed within ten (10) days in accordance with JAMS Procedures. Any person who has served under the provisions of Section 7.3 or Section 7.5 of this Agreement with respect to the particular Dispute at issue shall be ineligible to serve as an Arbitrator under Section 7.4. The arbitrators shall hold an arbitration hearing within sixty (60) days of the appointment of the third arbitrator. c. The place of arbitration shall be San Francisco, California, or such other place as the Parties may mutually agree in writing. d. The Arbitrators shall issue a final arbitration award within fifteen (15) days of the arbitration hearing. The award shall include a written statement of the basis for the decision, including the facts and law supporting it. If the Arbitrators are not unanimous, the dissenting Arbitrator may in the award include a statement of the basis of disagreement. The award shall be confidential and subject to the provisions of Section 5.0 of this Agreement or the JAMS Procedures, whichever is more restrictive, shall be advisory to the Parties only, and shall not be admissible as evidence, or used in any manner or way in any litigation. e. The Parties acknowledge and agree that a particular Dispute may involve a claim of irreparable injury for which there is no adequate remedy available at law and, in such event, in addition to any other remedies available, the Arbitrators shall have the authority to award specific performance and injunctive relief in an appropriate case. Any award of specific performance or injunctive relief shall be subject to the terms of Section 7.4.d. f. Notwithstanding any statute or other substantive law under which a Party may submit a Dispute, the Arbitrators shall have no authority to award punitive, enhanced, trebled or other damages not measured by the prevailing Party’s actual damages. g. The Parties may agree on different procedures with respect to the Arbitration described in Section 7.4a.-f. h. In the event of any inconsistency between this Agreement and the JAMS Procedures, this Agreement shall govern.

Non-Binding Arbitration. a. As to any Dispute that is not resolved by mediation in accordance with the procedures in Section 7.3, any Party may initiate non-binding arbitration with JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Procedures”) then currently in effect. Except to the extent inconsistent with this Agreement, the arbitration shall be conducted under the JAMS Procedures. b. The arbitration shall be conducted by a panel of three arbitrators, one of whom shall be selected by the Complaining Party and one of whom shall be selected by the Responding Party within ten (10) days of the Commencement of the arbitration under JAMS Procedures, and the third to be selected by the Party-appointed arbitrators within ten (10) days of the second selection. If the party-nominated Arbitrators fail or are unable to timely select a mutually agreeable third Arbitrator, the third Arbitrator shall be selected and appointed within ten (10) days in accordance with JAMS Procedures. Any person who has served under the provisions of Section 7.3 or Section 7.5 of this Agreement with respect to the particular Dispute at issue shall be ineligible to serve as an Arbitrator under Section 7.4. The arbitrators shall hold an arbitration hearing within sixty (60) days of the appointment of the third arbitrator. c. The place of arbitration shall be San Francisco, California, or such other place as the Parties may mutually agree in writing. d. The Arbitrators shall issue a final arbitration award within fifteen (15) days of the arbitration hearing. The award shall include a written statement of the basis for the decision, including the facts and law supporting it. If the Arbitrators are not unanimous, the dissenting Arbitrator may in the award include a statement of the basis of disagreement. The award shall be confidential and subject to the provisions of Section 5.0 of this Agreement or the JAMS Procedures, whichever is more restrictive, shall be advisory to the Parties only, and shall not be admissible as evidence, or used in any manner or way in any litigation. e. The Parties acknowledge and agree that a particular Dispute may involve a claim of irreparable injury for which there is no adequate remedy available at law and, in such event, in addition to any other remedies available, the Arbitrators shall have the authority to award specific performance and injunctive relief in an appropriate case. Any award of specific performance or injunctive relief shall be subject to the terms of Section 7.4.d. f. Notwithstanding any statute or other substantive law under which a Party may submit a Dispute, the Arbitrators shall have no authority to award punitive, enhanced, trebled or other damages not measured by the prevailing Party’s 's actual damages. g. The Parties may agree on different procedures with respect to the Arbitration described in Section 7.4a.-f. h. In the event of any inconsistency between this Agreement and the JAMS Procedures, this Agreement shall govern.