NONBINDING ARBITRATION Sample Clauses

NONBINDING ARBITRATION. IF THE PARTIES TO THE DISPUTE CANNOT RESOLVE SUCH DISPUTE PURSUANT TO THE PROCEDURES DESCRIBED IN SUBSECTIONS c and d, ABOVE, THE MATTER SHALL BE SUBMITTED TO NONBINDING ARBITRATION BEFORE DPR OR ANY SUCCESSOR THERETO OR ANY OTHER ENTITY OFFERING ARBITRATION SERVICES THAT IS ACCEPTABLE TO SUCH PARTIES (ANY ONE OF THEM “DISPUTE AGENCY”) AND PURSUANT TO THE DISPUTE AGENCY’S RULES AND PROCEDURES (EXCEPT AS SUCH RULES ARE MODIFIED BY THE PROVISIONS OF THIS SECTION). THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ARBITRATION OF ANY DISPUTES SHALL BE BY AND BETWEEN THE PARTIES ONLY. THE PARTIES EXPRESSLY WAIVE ANY AND ALL RIGHTS TO PURSUE CLASS-WIDE CLAIMS RELATING TO ANY DISPUTE. PURSUANT TO HAWAII REVISED STATUTES, SECTION 658A-10(c), THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ARBITRATION OF ANY DISPUTE SHALL NOT BE CONSOLIDATED WITH THE CLAIMS OF ANY OTHER PARTY, PERSON, OR ENTITY. ALL ARBITRATION PROCEEDINGS SHALL BE CONDUCTED IN HONOLULU, HAWAII OR SUCH OTHER PLACE AS IS MUTUALLY ACCEPTABLE TO THE PARTIES TO THE DISPUTE PARTICIPATING IN THE NONBINDING ARBITRATION. THE PARTIES AGREE THAT THE NONBINDING ARBITRATION PROCESS SET FORTH IN THIS SUBSECTION e AND ITS SUBPARTS MUST BE CONDUCTED AND COMPLETED BEFORE ANY PARTY MAY INITIATE FURTHER PROCEEDINGS ON THE DISPUTE.