Arbitration Provision. Each of the following: the calculation of the Annual Minimum Cap Ex Amount; the determination of whether a Capital Improvement constitutes a Material Capital Improvement; the determination of whether all or a portion of the Leased Property or Other Leased Property constitutes Material Leased Property; the determination of whether all or a portion of the London/Xxxxxxx Properties constitutes Material London/Xxxxxxx Property; the determination of whether the Minimum Facility Threshold is satisfied; the calculation of Net Revenue; the calculation of Rent (without limitation of the procedures set forth in Section 3.2); the calculation of the Triennial Allocated Minimum Cap Ex Amount B Floor; the calculation of the Triennial Allocated Minimum Cap Ex Amount A; the calculation of the Triennial Allocated Minimum Cap Ex Amount B; without limitation of the EBITDAR Calculation Procedures, any EBITDAR calculation made pursuant to this Lease or any determination or calculation made pursuant to this Lease for which EBITDAR is a necessary component of such determination or calculation and the calculation of any amounts under Sections 10.1(a), 10.3, 10.5(a) and 10.5(b).
Arbitration Provision. Each of the following: the calculation of the Minimum Cap Ex Amount; the determination of whether a Capital Improvement constitutes a Material Capital Improvement; the calculation of Net Revenue; the calculation of Rent (without limitation of the procedures set forth in Section 3.2); without limitation of the EBITDAR Calculation Procedures, any EBITDAR calculation made pursuant to this Lease or any determination or calculation made pursuant to this Lease for which EBITDAR is a necessary component of such determination or calculation and the calculation of any amounts under Sections 10.1(a), 10.3, 10.5(a) and 10.5(b).
Arbitration Provision. Each of the following: the determination of whether a Capital Improvement constitutes a Material Capital Improvement; the determination of whether all or a portion of the Leased Property or Other Leased Property constitutes Material Leased Property; the determination of whether the Minimum Facility Threshold is satisfied; the calculation of Net Revenue; the calculation of Rent (without limitation of the procedures set forth in Section 3.2); the calculation of the Triennial Allocated Minimum Cap Ex Amount B Floor; the calculation of the Triennial Allocated Minimum Cap Ex Amount B; without limitation of the EBITDAR Calculation Procedures, any EBITDAR calculation made pursuant to this Lease or any determination or calculation made pursuant to this Lease for which EBITDAR is a necessary component of such determination or calculation and the calculation of any amounts under Sections 10.1(a), 10.3, 10.5(a) and 10.5(b).
Examples of Arbitration Provision in a sentence
This Arbitration Provision is part of a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
This Arbitration Provision sets forth the terms and conditions of our agreement to binding arbitration.
The Parties agree and acknowledge that the transaction evidenced by this Agreement affects interstate commerce and the Federal Arbitration Act (“Act”) applies to this Arbitration Provision.
If any portion of this Arbitration Provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of the Arbitration Provision, except that in no event shall this Arbitration Provision be amended or construed to permit arbitration on behalf of a group or class.
This Arbitration Provision shall inure to the benefit of and be binding on you and each of the aforementioned persons and entities.
More Definitions of Arbitration Provision
Arbitration Provision has the meaning assigned to such term in Section 12.12.
Arbitration Provision. The Arbitration Provision is deleted in its entirety, it is not applicable to You. The PARTS Provision is replaced by the following: PARTS: Materials furnished as replacements for parts will be drawn from Our service contractor’s inventory of new, rebuilt, or non-original Manufacturer’s parts and components. These materials will be furnished under provisions of the manufacturer’s warranty while still in effect and then by Our service contractor during the remainder of the term of coverage. Paragraph three (3) of the CANCELLATION Provision is replaced by the following: We may cancel this Service Contract within the first sixty (60) days for any reason. After sixty (60) days, We may only cancel this Service Contract for (1) nonpayment of the Price, (2) material misrepresentation; or (3) substantial breach of contractual duties by You. If We cancel due to non-payment, material misrepresentation or a substantial breach of contractual duties by You, We will provide You with written notice, with the reason for cancellation, at Your last known mailing or email address (depending on Your chosen form of communication) at least thirty (30) days before cancellation. We will refund the unearned pro-rata Price less any claims paid, except as otherwise required by law.
Arbitration Provision. Each of the following: the calculation of the Minimum Cap Ex Amount; the determination of whether a Capital Improvement constitutes a Material Capital Improvement; the calculation of Net Revenue; the calculation of Rent (without limitation of the procedures set forth in Section 3.2); without limitation of the EBITDAR Calculation Procedures, any EBITDAR calculation made pursuant to this Lease or any determination or calculation made pursuant to this Lease for which EBITDAR is a necessary component of such determination or calculation and the calculation of any amounts under Sections 10.1(a), 10.3, 10.5(a) and 10.5(b). “Architect”: As defined in Section 10.2(b). “Award”: All compensation, sums or anything of value awarded, paid or received from the applicable authority on a total or partial Taking or Condemnation, including any and all interest thereon. “Base Net Revenue Amount”: $[356.900,000], which amount Landlord and Tenant agree represents Net Revenue for the Fiscal Period immediately preceding the first (1st)
Arbitration Provision. The Arbitration Provision is deleted in its entirety, it is not applicable to You. The following provisions are hereby added: SPECIAL PROVISION: If a claim for service has not been completed within sixty (60) days after proof of loss has been filed with the Service Contract Administrator, the claim can be submitted to American Bankers Insurance Company of Florida, who insures Our obligations under this Service Contract, at the following address: 00000 Xxxxx Xxxxx Xxxxx, Xxxxx, XX 00000, or call the Toll Free number at 0-000-000-0000.
Arbitration Provision has the meaning set forth in Section 6.6.
Arbitration Provision has the meaning set forth in Section 6.7.