Common use of Resolution of Differences Over Breaches of Agreement Clause in Contracts

Resolution of Differences Over Breaches of Agreement. Except as otherwise provided herein, in the event of any controversy, dispute or claim arising out of, or relating to this Agreement, or the breach thereof, or arising out of any other matter relating to the Employee’s employment with the Company or the termination of such employment, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and if any relief other than injunctive relief is sought, the Company and the Employee agree that such underlying controversy, dispute or claim shall be settled by arbitration conducted in Pittsburgh, Pennsylvania in accordance with this Section 11 of this Agreement and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The matter shall be heard and decided, and awards rendered by a panel of three (3) arbitrators (the “Arbitration Panel”). The Company and the Employee shall each select one arbitrator from the AAA National Panel of Commercial Arbitrators (the “Commercial Panel”) and AAA shall select a third arbitrator from the Commercial Panel. The award rendered by the Arbitration Panel shall be final and binding as between the parties hereto and their heirs, executors, administrators, successors and assigns, and judgment on the award may be entered by any court having jurisdiction thereof.

Appears in 23 contracts

Samples: Change of Control Agreement (EQT Midstream Partners, LP), Change of Control Agreement (EQT Corp), Change of Control Agreement (EQT Corp)

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Resolution of Differences Over Breaches of Agreement. Except as otherwise provided herein, in the event of any controversy, dispute or claim arising out of, or relating to to, this Agreement, or the breach thereof, or arising out of any other matter relating to the EmployeeExecutive’s employment with the Company or the termination of such employmentCompany, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and if any relief other than injunctive relief is sought, the Company and the Employee Executive agree that such underlying controversy, dispute or claim shall be settled by arbitration conducted in PittsburghErie, Pennsylvania in accordance with this Section 11 of this Agreement 10 and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The matter shall be heard and decided, and awards rendered by a panel of three (3) arbitrators (the “Arbitration Panel”). The Company and the Employee Executive shall each select one arbitrator from the AAA National Panel of Commercial Arbitrators (the “Commercial Panel”) and AAA shall select a third arbitrator from the Commercial Panel. The award rendered by the Arbitration Panel shall be final and binding as between the parties hereto and their heirs, executors, administrators, successors and assigns, and judgment on the award may be entered by any court having jurisdiction thereof. Except as provided in Section 11 hereof, each party shall bear sole responsibility for all expenses and costs incurred by such party in connection with the resolution of any controversy, dispute or claim in accordance with this Section 10.

Appears in 19 contracts

Samples: Employment Agreement (Erie Family Life Insurance Co), Employment Agreement (Erie Family Life Insurance Co), Employment Agreement (Erie Indemnity Co)

Resolution of Differences Over Breaches of Agreement. Except as otherwise provided herein, in the event of any controversy, dispute or claim arising out of, or relating to to, this Agreement, or the breach thereof, or arising out of any other matter relating to the Employee’s Executive's employment with the Company or the termination of such employmentCompany, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and if any relief other than injunctive relief is sought, the Company and the Employee Executive agree that such underlying controversy, dispute or claim shall be settled by arbitration conducted in PittsburghErie, Pennsylvania in accordance with this Section 11 of this Agreement 10 and the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The matter shall be heard and decided, and awards rendered by a panel of three (3) arbitrators (the "Arbitration Panel"). The Company and the Employee Executive shall each select one arbitrator from the AAA National Panel of Commercial Arbitrators (the "Commercial Panel") and AAA shall select a third arbitrator from the Commercial Panel. The award rendered by the Arbitration Panel shall be final and binding as between the parties hereto and their heirs, executors, administrators, successors and assigns, and judgment on the award may be entered by any court having jurisdiction thereof. Except as provided in Section 11 hereof, each party shall bear sole responsibility for all expenses and costs incurred by such party in connection with the resolution of any controversy, dispute or claim in accordance with this Section 10.

Appears in 13 contracts

Samples: Employment Agreement (Erie Family Life Insurance Co), Employment Agreement (Erie Family Life Insurance Co), Employment Agreement (Erie Indemnity Co)

Resolution of Differences Over Breaches of Agreement. Except as otherwise provided herein, in the event of any controversy, dispute or claim arising out of, or relating to this Agreement, or the breach thereof, or arising out of any other matter relating to the Employee’s 's employment with the Company or the termination of such employment, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and if any relief other than injunctive relief is sought, the Company and the Employee agree that such underlying controversy, dispute or claim shall be settled by arbitration conducted in Pittsburgh, Pennsylvania in accordance with this Section 11 of this Agreement and the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The matter shall be heard and decided, and awards rendered by a panel of three (3) arbitrators (the "Arbitration Panel"). The Company and the Employee shall each select one arbitrator from the AAA National Panel of Commercial Arbitrators (the "Commercial Panel") and AAA shall select a third arbitrator from the Commercial Panel. The award rendered by the Arbitration Panel shall be final and binding as between the parties hereto and their heirs, executors, administrators, successors and assigns, and judgment on the award may be entered by any court having jurisdiction thereof.

Appears in 11 contracts

Samples: Change of Control Agreement (Equitable Resources Inc /Pa/), Change of Control Agreement (Equitable Resources Inc /Pa/), Change of Control Agreement (Equitable Resources Inc /Pa/)

Resolution of Differences Over Breaches of Agreement. Except as otherwise provided herein, in the event of any controversy, dispute or claim arising out of, or relating to to, this Agreement, or the breach thereof, or arising out of any other matter relating to the EmployeeExecutive’s employment with the Company or the termination of such employmentCompany, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and if any relief other than injunctive relief is sought, the Company and the Employee Executive agree that such underlying controversy, dispute or claim shall be settled by arbitration conducted in PittsburghErie, Pennsylvania in accordance with this Section 11 of this Agreement 8 and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The matter shall be heard and decided, and awards rendered by a panel of three (3) arbitrators (the “Arbitration Panel”). The Company and the Employee Executive shall each select one arbitrator from the AAA National Panel of Commercial Arbitrators (the “Commercial Panel”) and AAA shall select a third arbitrator from the Commercial Panel. The award rendered by the Arbitration Panel shall be final and binding as between the parties hereto and their heirs, executors, administrators, successors and assigns, and judgment on the award may be entered by any court having jurisdiction thereof. Each party shall bear sole responsibility for all expenses and costs incurred by such party in connection with the resolution of any controversy, dispute or claim in accordance with this Section 8.

Appears in 2 contracts

Samples: Employment Agreement (Erie Indemnity Co), Employment Agreement (Erie Indemnity Co)

Resolution of Differences Over Breaches of Agreement. Except as otherwise provided herein, in the event of any controversy, dispute or claim arising out of, or relating to this Agreement, or the breach thereof, or arising out of any other matter relating to the Employee’s employment with the Company or the termination of such employment, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and if any relief other than injunctive relief is sought, the Company and the Employee agree that such underlying controversy, dispute or claim shall be settled by arbitration conducted in Pittsburgh, Pennsylvania in accordance with this Section 11 of this Agreement and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The matter shall be heard and decided, and awards rendered by a panel of three (3) arbitrators (the “Arbitration Panel”). The Company and the Employee shall each select one ooze arbitrator from the AAA National Panel of Commercial Arbitrators (the “Commercial Panel”) and AAA shall select a third arbitrator from the Commercial Panel. The award rendered by the Arbitration Panel shall be final and binding as between the parties hereto and their heirs, executors, administrators.administrators, successors and assigns, and arid judgment on the award may nay be entered by any court having jurisdiction thereof.

Appears in 1 contract

Samples: Change of Control Agreement (Equitable Resources Inc /Pa/)

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Resolution of Differences Over Breaches of Agreement. Except as otherwise provided hereinin this Agreement, in the event of any controversy, dispute dispute, or claim arising out of, or relating to to, this Agreement, or the breach thereofof this Agreement, or arising out of any other matter relating to the EmployeeExecutive’s employment with the Company or the termination of such employmentCompany, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and and, if any relief other than injunctive relief is sought, the Company and the Employee Executive agree that such underlying controversy, dispute dispute, or claim shall be settled by arbitration conducted in PittsburghErie, Pennsylvania in accordance with this Section 11 of this Agreement 7 and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The matter shall be heard and decided, and awards rendered by a panel of three (3) arbitrators (the “Arbitration Panel”). The Company and the Employee Executive shall each select one arbitrator from the AAA National Panel of Commercial Arbitrators (the “Commercial Panel”) and AAA shall select a third arbitrator from the Commercial Panel. The award rendered by the Arbitration Panel shall be final and binding as between the parties hereto and their heirs, executors, administrators, successors successors, and assigns, and judgment on the award may be entered by any court having jurisdiction thereofjurisdiction. Each party shall bear sole responsibility for all expenses and costs incurred by such party in connection with the resolution of any controversy, dispute, or claim in accordance with this Section 7.

Appears in 1 contract

Samples: Employment Agreement (Erie Indemnity Co)

Resolution of Differences Over Breaches of Agreement. Except as otherwise provided herein, in In the event of any controversy, dispute or claim arising out of, or relating to this Agreement, or the breach thereof, or arising out of any other matter relating to the Employee’s Executive's employment with the Company or the termination of such employment, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and if any relief other than injunctive relief is sought, the Company and the Employee Executive agree that such underlying controversy, dispute or claim shall be settled by arbitration conducted in Pittsburgh, Pennsylvania in accordance with this Section 11 5.1 of this the Agreement and the Commercial Arbitration Rules of the American Arbitration Association (“AAA”)Association. The matter shall be heard and decided, and awards award rendered by a panel of three (3) arbitrators (the “Arbitration Panel”)arbitrators. The Company and the Employee Executive shall each select one arbitrator from the AAA American Arbitration Association National Panel of Commercial Arbitrators (and the “Commercial Panel”) and AAA American Arbitration Association shall select elect a third arbitrator from the National Panel of Commercial PanelArbitrators. The award rendered by the Arbitration Panel such arbitration panel shall be final and binding as between the parties hereto and their heirs, executors, administrators, successors and assigns, and judgment on the award may be entered by any court having jurisdiction thereof.

Appears in 1 contract

Samples: Change in Control Agreement (Aristech Chemical Corp)

Resolution of Differences Over Breaches of Agreement. Except as otherwise provided herein, in the event of any controversy, dispute or claim arising out of, or relating to this Agreement, or the breach thereof, or arising out of any other matter relating to the Employee’s Executive's employment with the Company or the termination of such employment, the parties may seek recourse only for temporary or preliminary injunctive relief to the courts having jurisdiction thereof and if any relief other than injunctive relief is sought, the Company and the Employee Executive agree that such underlying controversy, dispute or claim shall be settled by arbitration conducted in PittsburghNaples, Pennsylvania Florida in accordance with this Section 11 6 of this Agreement and the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The matter shall be heard and decided, and awards rendered by a panel of three (3) arbitrators (the "Arbitration Panel"). The Company and the Employee Executive shall each select one arbitrator from the AAA National Panel of Commercial Arbitrators (the "Commercial Panel") and those two arbitrators shall select a third arbitrator; provided, however, that in the event the two arbitrators cannot agree on a third arbitrator, the AAA shall select a third arbitrator from the Commercial Panel. The award rendered by the Arbitration Panel shall be final and binding as between the parties hereto and their heirs, executors, administrators, successors and assigns, and judgment on the award may be entered by any court having jurisdiction thereof.

Appears in 1 contract

Samples: Change of Control Agreement (First National Bankshares of Florida Inc)

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