Right of Arbitration. If a Claimant wishes to contest a final decision of the Committee, the Claimant may request arbitration. If the Claimant does not request arbitration pursuant to the procedures set forth herein, the decision of the Committee will be final, binding and unappealable. A written request for arbitration must be filed by the Claimant (or the Claimant's duly authorized representative) with the Committee within 15 days after the date on which the Claimant receives the written decision of the Committee. If a request for arbitration is timely filed, the Claimant and the Committee will each name an arbitrator within 20 days after the Committee receives the Claimant's written request for arbitration. The two arbitrators will jointly name a third arbitrator within 15 days after their appointment. If either party fails to select an arbitrator within the 20 day period, or if the two arbitrators fail to select a third arbitrator within 15 days after their appointment, then the presiding judge of the county court (or its equivalent) in the county in which the principal office of the Sponsor is located will appoint such other arbitrator or arbitrators. The arbitrators will render a decision within 60 days after their appointment and will conduct all proceedings pursuant to the laws of the state in which the Sponsor's principal place of business is located and the then current Rules of the American Arbitration Association governing commercial transactions, to the extent that such rules are not inconsistent with applicable state law. The cost of the arbitration procedure will be borne by the losing party or, if the decision is not clearly in favor of one party or the other, in the manner determined by the arbitrators. The arbitration proceeding provided for in this Section will be the sole and exclusive remedy of a Claimant to contest decisions of the Committee under this Plan, and the arbitrators' decision will be final and unappealable.
Right of Arbitration. An Arbitrator of Arbitration Board hearing a complaint or grievance under this Article shall have jurisdiction to:
Right of Arbitration. If, after such good faith discussions, (a) AstraZeneca is in material breach of its material obligations under Section 8.10, and (b) AstraZeneca does not take reasonable steps designed to rectify such breach within [ * ] days of meeting with Dynavax pursuant to Section 8.11.1 (or, if such failure cannot be rectified within such [ * ]-day period, if AstraZeneca does not commence actions to rectify such breach within such period and thereafter diligently pursue such actions) the Parties agree to meet and discuss in good faith a possible resolution thereof, which good faith efforts shall include at least one in-person meeting between representatives of each Party having decision-making authority (subject only to Board of Directors’ or equivalent approval, if required). All such discussions under this Section 8.11.2 shall be confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. If the matter is not resolved within [ * ] days following the request for discussions, Dynavax may thereafter commence a special arbitration pursuant to Section 24.13 in respect of such matter.
Right of Arbitration. Any dispute between the parties as to matters arising pursuant to this Agreement which cannot be settled amicably within Thirty (30) days after receipt by one party of the other party’s request for such amicable settlement may be referred by either party for Arbitration by a single Arbitrator to be appointed by agreement of both parties and failing such agreement to be appointed by the Chairperson for the time being of The Chartered Institute of Arbitrators (Kenya) and the arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration Act (No. 4 of 1995) or such other statutory enactment in replacement thereof.
Right of Arbitration. The auspices of the State of Washington Arbitration Panel shall resolve any disputes under this agreement. The findings of this arbitration panel shall be binding and final. This letter agreement has been prepared in duplicate originals. If the foregoing meets with your understanding, please so indicate by your signature at the space provided below on page 6. hereto. Xxxxx, we look forward to a long and mutually beneficial relationship between our two companies. Sincerely, EPWC MANAGEMENT, INC. /S/ Xxxxxx X. Xxxx, President EPW/clb Versatechengltr022004.doc
