Common use of The Arbitrators Clause in Contracts

The Arbitrators. Any proposed Arbitrator must, prior to appointment as Arbitrator, certify that he/she has read these Arbitration Terms and agrees to be bound by all of the provisions set forth herein, including, but not limited to, any time limitations set forth in these Arbitration Terms. Each of the Arbitrators shall have knowledge of patent law and patent licensing and (i) must not currently be, or have been within the past five years, a shareholder of any Party or an Affiliate of any Party; (ii) must not have, or had at any time, a business relationship with a Party; (iii) must not currently be, or have been at any time, an employee or director of a Party and (iv) must not represent, or have represented at any time, a Party; unless the other Parties waive each of these objections. Subject to the foregoing, the Arbitrators will be chosen by the Parties within thirty (30) calendar days after submission of the Demand to the Respondent and the AAA. The arbitration panel shall be composed of three Arbitrators, one of whom shall be selected by ▇▇▇▇, one of whom shall be selected by the other Party (or Parties) to the dispute and the third of whom shall be a neutral arbitrator selected by the other two so selected. If both or either of ▇▇▇▇ and the other Party (or Parties) fails to select an arbitrator or arbitrators within such thirty (30) day period, or if the two arbitrators fail to select a third neutral arbitrator within fourteen (14) calendar days after their appointment, then the Arbitrators will be chosen pursuant to the procedures set forth in the Rules for the appointment from the National Panel of Commercial Arbitrators (the “Panel”) within thirty (30) calendar days of submission to the AAA by a Party of a request for appointment of an arbitrator or arbitrators. If during the course of the arbitration, any of the Arbitrators initially selected in accordance with the foregoing procedures dies or becomes otherwise unavailable to serve as Arbitrator, a substitute Arbitrator shall be chosen from the Panel pursuant to the procedures set forth in the Rules.

The Arbitrators. Any proposed Arbitrator must, prior to appointment as Arbitrator, certify that he/she has read these Arbitration Terms and agrees to be bound by all of the provisions set forth herein, including, but not limited to, any time limitations set forth in these Arbitration Terms. Each of the Arbitrators shall have knowledge of patent law and patent licensing and (i) must not currently be, or have been within the past five years, The arbitration shall be conducted before a shareholder tribunal composed of any Party or an Affiliate of any Party; three arbitrators. (ii) must not haveEach party to the dispute shall appoint an arbitrator, or had at any timeobtain its appointee’s acceptance of such appointment, a business relationship and deliver written notification of such appointment and acceptance to the other party within 30 days after delivery of the response (as defined in and in accordance with a Party; the Arbitration Rules). (iii) must not currently beThe two arbitrators appointed by the parties shall jointly appoint the third arbitrator, or have been at any timeobtain the appointee’s acceptance of such appointment, an employee or director and notify the parties in writing of a Party such appointment and acceptance within 30 days after their appointment and acceptance. The third arbitrator shall serve as the chairperson of the tribunal. (iv) must If the appointment and acceptance of any appointed arbitrator appointed by a party or the chairperson are not representtimely effected, then, upon the joint request of the parties or have represented at any timethe request of either of them, a Party; unless the other Parties waive each AAA shall appoint the arbitrator or the chairperson, as the case may be, and obtain acceptance of these objections. Subject such appointment. (v) Each arbitrator appointed pursuant to Section 16.12(c)(ii) shall be admitted either to the foregoing, the Arbitrators will be chosen by the Parties within thirty (30) calendar days after submission Bar of the Demand to State of New York or the Respondent Bar of the State of Texas and shall have been a partner of either a Texas-headquartered law firm with at least 500 lawyers or a New York-headquartered law firm with at least 500 lawyers and shall have expertise in the AAA. The arbitration panel field of corporate transactions (including mergers and acquisitions and investment funds); provided, however, such arbitrator shall be composed of three Arbitrators, one of whom shall be selected by not have been a partner at Akin Gump S▇▇▇▇, one of whom shall be selected by the other Party (or Parties) to the dispute and the third of whom shall be a neutral arbitrator selected by the other two so selected. If both or either of ▇▇ H▇▇▇▇ & F▇▇▇ LLP. The third arbitrator, who shall serve as the chairperson of the tribunal pursuant to Section 16.12(c)(iii), shall be admitted to the Bar of the State of Delaware and shall have been a partner at a nationally recognized Delaware law firm and shall have expertise in the field of corporate transactions (including mergers and acquisitions and investment funds). (vi) The parties intend that each of the arbitrators be independent and impartial. To this end, each arbitrator shall disclose to the parties and to the other Party members of the tribunal, any professional, familial, or social relationships, present or past, with any party or counsel. In the event that either party believes that any arbitrator is not independent and impartial, such party may apply for the removal of such arbitrator. Such application shall be made (a) if the arbitrator being challenged is the chairperson or if no chairperson is then in office, to the AAA, and (b) in any other case, to the chairperson. The AAA or the chairperson, as the case may be, shall reach and render a decision in writing regarding such application, which decision shall be final. If such decision includes a finding that the challenged arbitrator is not independent and impartial, such arbitrator shall automatically be removed from the tribunal. The vacancy arising from such removal shall be filled by the party who was originally entitled to appoint such arbitrator or, in the case of the chairperson, by the other arbitrators (or Parties) fails if they are unable to select an arbitrator or arbitrators within such thirty (30) day periodagree, or if by the two arbitrators fail to select a third neutral arbitrator within fourteen (14) calendar days after their appointment, then the Arbitrators will be chosen pursuant to the procedures set forth in the Rules for the appointment from the National Panel of Commercial Arbitrators (the “Panel”) within thirty (30) calendar days of submission to the AAA by a Party of a request for appointment of an arbitrator or arbitrators. If during the course President of the arbitration, any of the Arbitrators initially selected in accordance with the foregoing procedures dies or becomes otherwise unavailable to serve as Arbitrator, a substitute Arbitrator shall be chosen from the Panel pursuant to the procedures set forth in the RulesAAA).