Common use of Alternate Dispute Resolution Clause in Contracts

Alternate Dispute Resolution. If a dispute, controversy or claim (whether based upon contract, tort, statute, common law or otherwise) (collectively a “Dispute”) arises from or relates directly or indirectly to the subject matter hereof, and if the Dispute cannot be settled through direct discussions, the parties shall first endeavor to resolve the Dispute by participating in a mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Rules before resorting to arbitration. Thereafter, any unresolved Dispute shall be settled by binding arbitration administered by the AAA in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator, after the review rights set forth below have been exhausted, may be entered in any court having jurisdiction. Any arbitration proceeding shall be conducted in St. Louis, Missouri on an expedited basis before a neutral arbitrator (or multiple arbitrators if called for by the Commercial Arbitration Rules), Each arbitrator shall be selected in the manner determined by the AAA. Upon the request of either party, the arbitrator’s award shall include findings of fact and conclusions of law provided that such findings may be in summary form. Either party may seek review of the arbitrator’s award before an arbitrations review panel comprised of three arbitrators qualified in the same manner as the initial arbitrator(s) (as set forth above) by submitting a written request to the AAA. The right of review shall be deemed waived unless requested in writing within ten (10) days of the receipt of the initial arbitrator’s award. The arbitration review panel shall be entitled to review all findings of fact and conclusions of law in whatever manner it deems appropriate and may modify the award of the initial arbitrator(s) in its discretion. The prevailing party in any arbitration proceeding shall be entitled to an award of all reasonable out of pocket costs and expenses (including attorneys’ and arbitrators tees) related to the entire arbitration proceeding (including review if applicable). Upon request of either party, the arbitrator(s) may require that the subject arbitration proceedings be kept confidential and no party shall disclose or permit the disclosure of any information produced or disclosed in the arbitration proceedings until the award is final. A party shall not be prevented from seeking temporary injunctive relief before a court of competent jurisdiction in an emergency situation, but responsibility for resolution of the Dispute shall be appropriately transferred to the arbitrator(s) upon appointment in accordance with the provisions hereof.

Alternate Dispute Resolution. If a Any controversy, dispute, controversy disagreement or claim (whether based upon contractbetween any parties hereto arising out of or related to any provision of this Agreement, tortor any alleged breach of provisions relating thereto, statute, common law or otherwise) (collectively a “Dispute”) arises from or relates directly or indirectly to the subject matter hereof, and if the Dispute cannot shall be settled through direct discussionsexclusively by binding arbitration, which shall be conducted in Broward County, Florida before a single arbitrator, mutually agreeable by all the parties shall first endeavor to resolve thereto, in accordance with the Dispute by participating in a mediation administered by Commercial Arbitration Rules of the American Arbitration Association as in effect from time to time, except as modified by this Agreement or by the agreement of all of the parties to this Agreement. If the Members are unable to agree on the selection of an arbitrator, then each Member shall select one (1) arbitrator no later than fifteen (15) days after a claim of arbitration is filed by any party with the American Arbitration Association, Miami Office (“AAAFiling Date”) under its Commercial Mediation Rules before resorting and those two (2) arbitrators selected by the respective Members shall mutually agree on the selection of a third (3rd) arbitrator within thirty (30) days after the Filing Date. If the two (2) arbitrators selected by the respective Members fail to arbitration. Thereafteragree on the selection of a third (3rd) arbitrator within such period of time, then any unresolved Dispute party may petition the director or other appointed representative of the American Arbitration Association to shall select the third (3rd) arbitrator, and the arbitrator so selected shall be settled by binding the third (3rd) arbitrator. The ruling of the mutually agreed upon arbitrator, if applicable, or of a majority of the three (3) arbitrators, if applicable, shall prevail in any dispute. The arbitrator shall use its best efforts to conduct the arbitration administered so that a final result, determination, finding, judgment and/or award (the “Final Determination”) is made or rendered on or before the later of ninety (90) Business Days after the first delivery of the notice of arbitration or twenty (20) Business Days following conclusion of the arbitration hearing. The Final Determination must be signed by the AAA in accordance with its Commercial Arbitration Rules arbitrator(s). The Final Determination shall be final and judgment binding on all parties and there shall be no appeal from or reexamination of the award rendered Final Determination, except for fraud, perjury, evident partiality or misconduct by an arbitrator prejudicing the arbitrator, after the review rights set forth below have been exhausted, of any party and to correct manifest clerical errors. The parties to such arbitration may be entered enforce any Final Determination in any state or federal court having jurisdiction. Any arbitration proceeding shall be conducted in St. Louis, Missouri on an expedited basis before a neutral arbitrator (or multiple arbitrators if called for by jurisdiction over the Commercial Arbitration Rules), Each arbitrator shall be selected in the manner determined by the AAA. Upon the request of either party, the arbitrator’s award shall include findings of fact and conclusions of law provided that such findings may be in summary form. Either party may seek review of the arbitrator’s award before an arbitrations review panel comprised of three arbitrators qualified in the same manner as the initial arbitrator(s) (as set forth above) by submitting a written request to the AAA. The right of review shall be deemed waived unless requested in writing within ten (10) days of the receipt of the initial arbitrator’s award. The arbitration review panel shall be entitled to review all findings of fact and conclusions of law in whatever manner it deems appropriate and may modify the award of the initial arbitrator(s) in its discretion. The prevailing party in any arbitration proceeding shall be entitled to an award of all reasonable out of pocket costs and expenses (including attorneys’ and arbitrators tees) related to the entire arbitration proceeding (including review if applicable). Upon request of either party, the arbitrator(s) may require that the subject arbitration proceedings be kept confidential and no party shall disclose or permit the disclosure of any information produced or disclosed in the arbitration proceedings until the award is final. A party shall not be prevented from seeking temporary injunctive relief before a court of competent jurisdiction in an emergency situation, but responsibility for resolution of the Dispute shall be appropriately transferred to the arbitrator(s) upon appointment in accordance with the provisions hereofdispute.