Common use of Selection Clause in Contracts

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord shall select one arbitrator and Tenant shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 4 contracts

Samples: Lease Agreement (ExOne Co), Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)

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Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Onelink Inc)

Selection. There The number of arbitrators shall be three arbitrators(3), unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement within ten (10) business days after the initiation of an arbitration proceeding, Landlord Seller shall select one (1) arbitrator and Tenant Purchaser shall select one (1) arbitrator, and those two arbitrators shall then select, within ten (10) business days, a third arbitrator. If those two (2) arbitrators are unable to select a third arbitrator within such ten (10)-day 10) business day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two (2) of the three (3) arbitrators shall be final and binding upon the parties.

Appears in 2 contracts

Samples: Asset Sale Agreement (Southwest General Hospital Lp), Asset Sale Agreement (Southwest General Hospital Lp)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord the Representative shall select one arbitrator and Tenant the Purchaser shall select one arbitrator, and those two arbitrators shall then select, select within ten (10) days, days a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 2 contracts

Samples: Stock Purchase Agreement (America Service Group Inc /De), Asset Purchase Agreement (America Service Group Inc /De)

Selection. There The number of arbitrators shall be three arbitrators(3), unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement agreement, within ten (10) business days after the initiation of an arbitration proceeding, Landlord Seller shall select one (1) arbitrator and Tenant Buyer shall select one (1) arbitrator, and those two (2) arbitrators shall then select, within ten (10) business days, a third arbitrator. If those two (2) arbitrators are unable to select a third arbitrator within such ten (10)-day 10) business day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two (2) of the three (3) arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: LLC Interest Purchase Agreement (Medcath Corp)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration AssociationAs- sociation. The decision in writing of at least two of the three arbitrators arbitra- tors shall be final and binding upon the parties.

Appears in 1 contract

Samples: jimstclair.com

Selection. There shall be three arbitrators, unless unl ess the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord the Representative shall select one arbitrator and Tenant the Purchaser shall select one arbitrator, and those two arbitrators shall then select, select within ten (10) days, days a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (Bergen Brunswig Corp)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord the Company, or with respect to a dispute following the Effective Time, the Shareholder Representative, shall select one arbitrator and Tenant Parent shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration AssociationHKIAC. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Merger Agreement (Ii-Vi Inc)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord the Selling Parties shall select one arbitrator and Tenant the Buying Parties shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Agreement for the Purchase and Sale of Assets (Synalloy Corp)

Selection. There shall be three arbitrators, unless the parties --------- Parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord . The Petrosearch Parties shall select one arbitrator arbitration and Tenant Rock shall select one arbitrator, and those two arbitrators arbitrations shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator arbitration within such ten (10)-day 910) day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the partiesParties.

Appears in 1 contract

Samples: Agreement (Petrosearch Energy Corp)

Selection. There The arbitration shall be conducted by three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller Parties shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day ten-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties. All arbitrators shall be residents of the United States of America.

Appears in 1 contract

Samples: Agreement and Plan of Merger (K-Sea Transportation Partners Lp)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Purchaser shall select one arbitrator, and those two arbitrators shall then select, select within ten (10) days, days a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (America Service Group Inc /De)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Purchaser shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Acquisition Agreement (Northeast Bancorp /Me/)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement agreement, within ten (10) 10 days after the initiation of an arbitration proceeding, Landlord the Seller shall select one arbitrator and Tenant the Purchaser shall select one arbitrator, and those two arbitrators shall then select, within ten (10) 10 days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day 10 day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration AssociationAssociation (the "AAA"). The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (Gateway Realty New Jersey LLC)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord SOF or PFG shall select one arbitrator and Tenant Team shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Memorandum of Understanding (Team America Inc)

Selection. There The number of arbitrators shall be three arbitrators(3), unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Transferor shall select one (1) arbitrator and Tenant the General Partner shall select one (1) arbitrator, and those two arbitrators shall then select, select within ten (10) days, days a third arbitrator. If those two (2) arbitrators are unable to select a third arbitrator within such ten (10)-day 10) day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two (2) of the three (3) arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Contribution Agreement (Universal Health Services Inc)

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Selection. There shall be three arbitrators, unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord the Shareholders' Agent shall select one arbitrator and Tenant Parent shall select one arbitrator, and those two arbitrators shall then select, select within ten (10) days, days a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Electronics for Imaging Inc)

Selection. There shall be three (3) arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller, or with respect to a dispute following the Effective Time, the Shareholders, shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two (2) arbitrators shall then select, within ten (10) days, a third arbitrator. If those two (2) arbitrators are unable to select a third arbitrator within such ten (10)-day 10) day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the partiesParties.

Appears in 1 contract

Samples: Merger Agreement (Rexnord LLC)

Selection. There The number of arbitrators shall be three arbitrators(3), unless the parties are able to agree on a single arbitrator. In the absence of such agreement agreement, within ten (10) business days after the initiation of an arbitration proceeding, Landlord Seller shall select one (1) arbitrator and Tenant Buyer shall select one (1) arbitrator, and those two (2) arbitrators shall then select, within ten (10) business days, a third arbitrator. If those two (2) arbitrators are unable to select a third arbitrator within such ten (10)-day 10) business day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two (2) of the three (3) arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (Orion Healthcorp Inc)

Selection. There The arbitration shall be conducted by three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Sellers shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day ten-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties. All arbitrators shall be residents of the United States of America.

Appears in 1 contract

Samples: Agreement and Plan of Merger (K-Sea Transportation Partners Lp)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Parent shall select one arbitrator and Tenant the Stockholders’ Representative shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Stratasys Inc)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Xxxxxx, or with respect to a dispute following the Effective Time, the Shareholders, shall select one arbitrator and Tenant II-VI shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the partiesParties.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ii-Vi Inc)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days Business Days after the initiation of an arbitration proceeding, Landlord Seller, or with respect to a dispute following the Effective Time, the Stockholders, shall select one arbitrator and Tenant Parent shall select one arbitrator, and those two arbitrators shall then select, within ten (10) daysBusiness Days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the partiesParties.

Appears in 1 contract

Samples: Merger Agreement (Ii-Vi Inc)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement agreement, within ten (10) 10 days after the initiation of an arbitration proceeding, Landlord the Seller shall select one arbitrator and Tenant the Purchaser shall select one arbitrator, and those two arbitrators shall then select, within ten (10) 10 days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day 10 day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration AssociationAssociation (the “AAA”). The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Samples: Asset Purchase Agreement (Fibernet Telecom Group Inc\)

Selection. There The arbitration shall be conducted by three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement agreement, within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day ten-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties. All arbitrators shall be residents of the United States of America.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (K-Sea Transportation Partners Lp)

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