Arbitration and Enforcement Sample Clauses

Arbitration and Enforcement. 43. Except as provided herein, any dispute or controversy between the parties, including any arising under or in connection with this Agreement, shall be settled exclusively by arbitration before a single arbitrator in Jacksonville, Florida in accordance with the Employment Arbitration Rules of the American Arbitration Association then in effect. Nothing in this section shall be construed, however, to limit rights, remedies and ability to enforce in a court of competent jurisdiction ParkerVision’s rights under the restrictive covenants set forth in this Agreement.
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Arbitration and Enforcement. (a) In the event that any dispute or controversy shall arise between Indemnitee and the Company with respect to whether the Indemnitee is entitled to indemnification in connection with any Proceeding or with respect to the amount of Expenses incurred, such dispute or controversy shall be submitted by the parties to binding arbitration before a single arbitrator at Atlanta, Georgia. If the parties cannot agree on a designated arbitrator fifteen (15) days after arbitration is requested in writing by either of them, the arbitration shall proceed before an arbitrator appointed by, and in accordance with the rules then in effect of, one of the following bodies, which shall be chosen by the initiator of such arbitration:
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Arbitration and Enforcement. In the event that any dispute or controversy shall arise between Indemnitee and the Company with respect to whether the Indemnitee is entitled to indemnification in connection with any Proceeding or with respect to the amount of Expenses incurred, such dispute or controversy shall be submitted by the parties to binding arbitration before a single arbitrator at Melbourne, Florida. If the parties cannot agree on a designated arbitrator 15 days after arbitration is requested in writing by either of them, the arbitration shall proceed before an arbitrator appointed by the American Arbitration Association and under the rules then in effect of that Association. The award shall be rendered in such form that judgment may be entered thereon in any court having jurisdiction thereof. The prevailing party shall be entitled to prompt reimbursement of any costs and expenses (including, without limitation, reasonable attorney’s fees) incurred in connection with such arbitration.
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Arbitration and Enforcement. In the event of a dispute arising out of or relating to this Agreement, the parties shall first make a good effort to resolve the dispute through communication and negotiation. The aggrieved party shall, within not more than 15 days after actual discovery of the facts resulting in the dispute, provide written notice to the other party of the existence of the dispute, a description of the relevant facts, and the legal or other basis for the dispute or their claim. Only if the parties are unable to resolve the dispute within thirty days following the written notice, the dispute may be submitted by either party to arbitration. Arbitration shall be conducted by a single arbitrator and otherwise consistent with the rules of the American Arbitration Association. The award of the arbitrator shall be final and binding on all parties and judgment thereon may be entered in any court having jurisdiction. Notwithstanding any other provision of this paragraph, either party may apply to the superior court of the county where Food & Spirit’s principal office is located for any provisional remedy or for equitable relief as otherwise permitted by this Agreement. Both parties hereby submit to the jurisdiction of said court—which, currently would be the Superior Court of the State of Washington in and for Kitsap County. The substantially prevailing party in any court proceeding shall be entitled to their reasonable attorneys’ fees and court costs, including on appeal if appropriate, in addition to any other remedy. In any arbitration, each party shall bear its own attorneys’ fees and costs in all cases. Notwithstanding any other term of this Agreement, no arbitrator or court shall have the authority to assess liability against Food & Spirit in any amount that exceeds the amount of fees actually paid by Practitioner during the twelve months immediately preceding the notice of dispute provided for in this paragraph.
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Arbitration and Enforcement. In the event that any dispute or controversy shall arise between the Indemnitee and the Company after the requirements of Section 5 of the Agreement have been satisfied with respect to whether the Indemnitee is entitled to indemnification in connection with any Proceeding or with respect to the amount of Expenses incurred or to be paid by the Company (and any dispute or controversy regarding the applicability of arbitration to any such dispute or controversy), such dispute or controversy shall, at the option of the Indemnitee or the Company, be submitted by the parties to final, binding arbitration before a single independent arbitrator, who shall be either (i) a retired federal judge, (ii) a retired Delaware Supreme Court or Delaware Chancery Court judge or (ii) an attorney licensed to practice and in good standing with at least 20 years of Delaware corporate litigation experience. If the parties have not agreed on an independent arbitrator within 15 days after arbitration is requested in writing by either of them, the arbitrator shall be appointed in the following manner: (a) the American Arbitration Association (the “AAA”) shall send simultaneously to each party to the dispute an identical list of five (unless the AAA decides that a different number is appropriate) names of persons chosen from the AAA’s National Roster of Neutrals (the “National Roster”) who meet the arbitrator’s qualifications set forth in the preceding sentence; (b) each party to the dispute shall have 14 calendar days from the transmittal date of such list in which to strike names objected to, number the remaining names in order of preference, and return the list to the AAA; (c) the parties are not required to exchange selection lists, but if a party does not return the list within the time specified, all persons named therein shall be deemed acceptable to that party; (d) from among the persons who have been approved on both lists, and in accordance with the designated order of mutual preference, the AAA shall invite the acceptance of an arbitrator to serve; and (e) if the parties fail to agree on any of the persons named, or if acceptable arbitrators are unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the AAA shall have the power to make the appointment from among other members of the National Roster without the submission of additional lists. The arbitration shall be conducted in Wilmington, Delaware and in accordance with the Comm...
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Arbitration and Enforcement. The Parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach of any provision hereof, or the terms or conditions of employment, including whether such controversy or claim is arbitrable, will be settled by arbitrators in El Paso, in accordance with the rules for commercial arbitration of the American Arbitration Association as in effect at the time a demand for arbitration under the rules is made, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The decision of the arbitrators, including determination of the amount of any damages suffered, will be conclusive, final and binding on both parties, their heirs, executors, administrators, successors and assigns. The cost of arbitration and any other costs incurred by the Executive in enforcing his rights hereunder (including without limitation reasonable attorney's fees whether or not the Executive ultimately receives a favorable award or judgment in such arbitration or other proceeding) shall be borne by the Company. The Executive shall be entitled to submit written proof reasonably satisfactory to the Company of the incurrence of such costs on a monthly basis, and to receive
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Arbitration and Enforcement. Any dispute or controversy arising out of or relating to this Agreement, including, but not limited to, Indemnitee's right to indemnification, shall be settled by arbitration to be held in Ann Arbor, Michigan in accordance with the rules then in effect of the American Arbitration Association or any successor thereto. The arbitrator(s) may grant injunctive or other relief in such dispute or controversy. In any arbitration, the Company shall have the burden of proving that indemnification is not required under this Agreement. The arbitrator(s) shall be a person(s) experienced in matters relating to the indemnification of officers, directors and employees of publicly held companies, and either at the time of the arbitration shall serve, or previously shall have served, in such capacity. The decision of the arbitrator(s) shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator's decision in any court having jurisdiction, and the parties irrevocably consent to the jurisdiction of the Michigan courts for this purpose. The Company shall pay the fees and expenses of the Indemnitee's attorneys in such arbitration unless the arbitrator(s) decide that there was not a reasonable basis for the Indemnitee's claim.
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Arbitration and Enforcement. Subject to the provisions of S 26 above, any dispute arising out of the terms of this Agreement shall be settled by arbitration in New York City, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, before the American Arbitration Association or any comparable entity acceptable to all parties. In the event of any such arbitration, there shall be three (3) arbitrators. The arbitrators shall promptly obtain such information regarding the matter as they deem advisable and shall decide with dispatch the matter and render a written award that shall be delivered to the prevailing party. Any such award shall be a conclusive determination of the matter and shall be binding upon each member (or his successor in interest), and shall not be contested by any party. At the time of rendering the award, the arbitrators shall establish their fees and expenses in connection therewith. Such fees and expenses shall be allocable by the arbitrators in their award. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction. No dissolution or termination of the Company or the Investor Company shall effect or impair any party's rights to arbitrate a dispute under this S 27.
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Arbitration and Enforcement 
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Related to Arbitration and Enforcement

  • Patent Prosecution and Enforcement There are no provisions in such related license agreement concerning the prosecution, maintenance, enforcement or defense with respect to the Licensed Patents.

  • Construction and Enforcement This Agreement shall be construed in accordance with the laws of the State of Florida, without and application of the principles of conflicts of laws. If it becomes necessary for any party to institute legal action to enforce the terms and conditions of this Agreement, and such legal action results in a final judgment in favor of such party ("Prevailing Party"), then the party or parties against whom said final judgment is obtained shall reimburse the Prevailing Party for all direct, indirect or incidental expenses incurred, including, but not limited to, all attorney's fees, court costs and other expenses incurred throughout all negotiations, trials or appeals undertaken in order to enforce the Prevailing Party's rights hereunder. Any suit, action or proceeding with respect to this Agreement shall be brought in the state or federal courts located in St. Lucie County in the State of Florida. The parties hereto hereby accept the exclusive jurisdiction and venue of those courts for the purpose of any such suit, action or proceeding. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, any objection that any of them may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any judgment entered by any court in respect thereof brought in St. Lucie County, Florida, and hereby further irrevocably waive any claim that any suit, action or proceeding brought in St. Lucie County, Florida, has been brought in an inconvenient forum.

  • Remedies and Enforcement A. Executive acknowledges and agrees that the Company's remedy at law for a breach of any of the provisions of Section 7 herein would be inadequate and the breach shall be per se deemed as causing irreparable harm to the Company. In recognition of this fact, in the event of a breach by Executive of any of the provisions of Section 7, Executive agrees that, in addition to any remedy at law available to the Company, including, but not limited to monetary damages, the Company, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available to the Company.

  • Interpretation and Enforcement; Governing Law This Agreement and its interpretation and enforcement shall be governed by the laws of the State of New York applicable to contracts to be performed entirely within this state and without regard to its principles of conflicts of law. If any provision of this Agreement is deemed by an authority of competent jurisdiction to be unenforceable or contrary to applicable law, such provision shall be enforced to the maximum extent permitted by law to effect the Parties’ intentions hereunder, and the remainder of this Agreement shall continue in full force and effect. Neither the failure to insist upon strict compliance with Agreement nor any course of conduct, including without limitation failure on any Party’s part to exercise or delay in exercising any rights, shall constitute a waiver by such Party of any of its rights hereunder. No single or partial exercise by any Party of any right shall preclude any other or future exercise by any Party of any such right or the exercises by such Party of any other single or partial right. Any waiver by any party must be in writing and signed by such Party and shall be effective only for the purpose and in the specific instance for which it is given.

  • Authorization and Enforcement The Company has the requisite corporate power and authority to enter into and to consummate the transactions contemplated by this Agreement and otherwise to carry out its obligations hereunder. The execution and delivery of this Agreement by the Company and the consummation by it of the transactions contemplated hereby have been duly authorized by all necessary action on the part of the Company and no further action is required by the Company, the Board or the Company’s stockholders in connection herewith other than in connection with the Required Approvals. This Agreement has been duly executed and delivered by the Company and, when delivered in accordance with the terms hereof, will constitute the valid and binding obligation of the Company enforceable against the Company in accordance with its terms, except (i) as limited by general equitable principles and applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally, (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies and (iii) insofar as indemnification and contribution provisions may be limited by applicable law.

  • Governing law and enforcement (a) The choice of English law as the governing law of the Finance Documents will be recognised and enforced in its jurisdiction of incorporation.

  • Governing Law; Enforcement The terms of this Settlement Agreement shall be governed by the laws of the State of California and apply within the State of California. For purposes of this Settlement Agreement only, the Settling Entity stipulates that the Superior Court of California shall have personal jurisdiction over it for the limited and sole purpose of an action to enforce the terms of this Settlement Agreement, brought without joinder of other claims. As an expressed condition of this Settlement Agreement, the Settling Entity waives any exemptions under California Health & Safety Code §25249.6

  • Authorization and Enforcement of Obligations Such party (a) has the corporate power and authority and the legal right to enter into this Agreement and to perform its obligations hereunder, and (b) has taken all necessary corporate action on its part to authorize the execution and delivery of this Agreement and the performance of its obligations hereunder. This Agreement has been duly executed and delivered on behalf of such party, and constitutes a legal, valid, binding obligation, enforceable against such party in accordance with its terms.

  • Performance and Enforcement of Obligations Inland covenants that it will undertake all commercially reasonable efforts to enforce its rights under the Inland MRA and its JRRPA. Cheney covenants that it will undertake all commercially reasonable efforts to enforce its rights under the Cheney MRA and its JRRPA.

  • Judicial Enforcement If any provision of this Agreement is adjudicated to be invalid or unenforceable under applicable law in any jurisdiction, the validity or enforceability of the remaining provisions thereof shall be unaffected as to such jurisdiction and such adjudication shall not affect the validity or enforceability of such provisions in any other jurisdiction. To the extent that any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this Section is reasonable in view of the parties’ respective interests.

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