Common use of Procedure Generally Clause in Contracts

Procedure Generally. In the event that the parties fail to settle at the mediation required by this Agreement, and the Company does not exercise its right to opt out of arbitration as provided in Section 6.2(b) above, the parties agree to submit the Dispute to a single arbitrator selected from a panel of JAMS arbitrators. The arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced, subject to the terms and modifications of this Agreement. If for any reason JAMS cannot serve as the arbitration administrator or cannot fulfill the panel requirements of the Arbitration Provision, the Company may select an alternative arbitration administrator, such as AAA, to serve under the terms of this Agreement.

Appears in 6 contracts

Samples: Employment Agreement (GNC Acquisition Holdings Inc.), Employment Agreement (General Nutrition Centers, Inc.), Employment Agreement (General Nutrition Centers, Inc.)

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Procedure Generally. In the event that the parties fail to settle at the mediation required by this Agreement, and the Company does not exercise its right to opt out of arbitration as provided in Section 6.2(b7.2(b) above, the parties agree to submit the Dispute to a single arbitrator selected from a panel of JAMS arbitrators. The arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced, subject to the terms and modifications of this Agreement. If for any reason JAMS cannot serve as the arbitration administrator or cannot fulfill the panel requirements of the Arbitration Provision, the Company may select an alternative arbitration administrator, such as AAA, to serve under the terms of this Agreement.

Appears in 2 contracts

Samples: Employment Agreement (GNC Holdings, Inc.), Form of Employment Agreement (GNC Holdings, Inc.)

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Procedure Generally. In the event that the parties Parties fail to settle at the mediation required by this Agreement, and the Company does not exercise its right to opt out of arbitration as provided in Section 6.2(b) above, the parties Parties agree to submit the Dispute to a single arbitrator selected from a panel of JAMS arbitrators. The arbitration will be governed by the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced, subject to the terms and modifications of this Agreement. If for any reason JAMS cannot serve as the arbitration administrator or cannot fulfill the panel requirements of the Arbitration Provision, the Company may may, with the consent of Executive (not to be unreasonably withheld, delayed or conditioned), select an alternative arbitration administrator, such as AAA, using its rules and procedures to serve under the terms of this Agreement.

Appears in 1 contract

Samples: Employment Agreement (GNC Holdings, Inc.)

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