Common use of Resolution of Disputes; Arbitration Clause in Contracts

Resolution of Disputes; Arbitration. All disputes concerning this Agreement or any claim or issue of any nature (whether brought by the Parties hereto or by any other person whatsoever) arising from or relating to this Agreement or to the corporate steps taken to enter into it (including, without limitation, claims for alleged fraud, breach of fiduciary duty, breach of contract, tort, etc.) which cannot be resolved within reasonable time through discussions between the opposing entities, shall be resolved solely and exclusively by means of arbitration to be conducted in the City of Whittier, California, which arbitration will proceed in accordance with the Commercial Arbitration Rules of the American Arbitration Association (or any successor organization thereto) then in force for resolution of commercial disputes unless the parties mutually agree in writing otherwise. The Arbitrators themselves shall have the right to determine and to arbitrate the threshold issue of arbitrability itself. The decision of the Arbitrators shall be final, conclusive, and binding upon the opposing entities, and a judgment upon the award may be obtained and entered in any federal or state court of competent jurisdiction. Each entity or Party involved in litigation or arbitration shall be responsible for its own costs and expenses of any litigation or arbitration proceeding, including its own attorney’s fees (for any litigation, arbitration, and any appeals).

Appears in 3 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Pop N Go Inc), Agreement to Purchase Stock (Pop N Go Inc)

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Resolution of Disputes; Arbitration. All disputes concerning this Agreement or any claim or issue of any nature (whether brought by the Parties hereto or by any other person whatsoever) arising from or relating to this Agreement or to the corporate steps taken to enter into it (including, without limitation, claims for alleged fraud, breach of fiduciary duty, breach of contract, tort, etc.) which cannot be resolved within reasonable time through discussions between the opposing entities, shall be resolved solely and exclusively by means of arbitration to be conducted in the City of Whittier, California, which arbitration will proceed in accordance with the Commercial Arbitration Rules rules of the American Arbitration Association (or any successor organization thereto) then in force for resolution of commercial disputes unless the parties mutually agree in writing otherwisedisputes. The Arbitrators themselves shall have the right to determine and to arbitrate the threshold issue of arbitrability itself. The , the decision of the Arbitrators shall be final, conclusive, and binding upon the opposing entities, and a judgment upon the award may be obtained and entered in any federal or state court of competent jurisdiction. Each entity or Party involved in litigation or arbitration shall be responsible for its own costs and expenses of any litigation or arbitration proceeding, including its own attorney’s 's fees (for any litigation, arbitration, and any appeals).

Appears in 1 contract

Samples: Agreement to Purchase Membership Interests (Pop N Go Inc)

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Resolution of Disputes; Arbitration. All disputes concerning this Agreement or any claim or issue of any nature (whether brought by the Parties hereto or by any other person whatsoever) arising from or relating to this Agreement or to the corporate steps taken to enter into it (including, without limitation, claims for alleged fraud, breach of fiduciary duty, breach of contract, tort, etc.) which cannot be resolved within reasonable time through discussions between the opposing entities, shall be resolved solely and exclusively by means of arbitration to be conducted in the City of WhittierSan Bernardino County, California, which arbitration will proceed in accordance with the Commercial Arbitration Rules rules of the American Arbitration Association (or any successor organization thereto) then in /19/ force for resolution of commercial disputes unless the parties mutually agree in writing otherwisedisputes. The Arbitrators themselves shall have the right to determine and to arbitrate the threshold issue of arbitrability itself. The , the decision of the Arbitrators shall be final, conclusive, and binding upon the opposing entities, and a judgment upon the award may be obtained and entered in any federal or state court of competent jurisdiction. Each entity or Party involved in litigation or arbitration shall be responsible for its own costs and expenses of any litigation or arbitration proceeding, including its own attorney’s 's fees (for any litigation, arbitration, and any appeals).

Appears in 1 contract

Samples: Plan of Merger (Cyber Group Network Corp)

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