ARBITRATION AND LITIGATION. Arbitration Disclosure: By applying for a Card, to the extent permitted by law you agree that if a dispute of any kind arises out of or relates to this Contract or your application for a Card, either you or Bank can choose to have that dispute resolved by binding arbitration as set forth in the Arbitration Provision below administered by the arbitration administrator the American Arbitration Association. If arbitration is chosen, it will be conducted pursuant to then applicable Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes as applicable of the American Arbitration Association. The foregoing notwithstanding, the Bank shall not initiate an arbitration to collect a consumer debt, but reserves the right to arbitrate all other disputes with its consumer customers. PLEASE READ THIS PROVISION OF THE CONTRACT CAREFULLY. YOU AGREE THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, AN ARBITRATOR INSTEAD OF A JUDGE OR JURY RESOLVES A DISPUTE. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOU AND US AND WILL NOT BE PART OF A CLASS- WIDE OR CONSOLIDATED ARBITRATION PROCEEDING. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO ANY CLAIM, DISPUTE OR CONTROVERSY, NEITHER YOU NOR BANK WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT, OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES OR THIS ARBITRATION PROVISION. FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OR CLAIMANTS WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION UNDER THIS ARBITRATION PROVISION. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU CAREFULLY READ THE ENTIRE ARBITRATION PROVISION.
ARBITRATION AND LITIGATION. Any dispute, controversy or claim arising out of or in respect to this Agreement (or its validity, interpretation or enforcement) or the subject matter hereof must be submitted to and settled by arbitration conducted before a single arbitrator or, at the election of the Company or the Executive, a panel of arbitrators (chosen from a list of arbitrators provided by the American Arbitration Association with each party hereto taking alternate strikes and the remaining arbitrator or arbitrators, as applicable, hearing the dispute). By agreeing to arbitrate all disputes related to this Agreement, the Company and the Executive acknowledge, among other things, that they are waiving the right to have the dispute heard by a court of law or equity and the right to a jury trial. The arbitration will be conducted in Xxxxx County, Nevada, in accordance with the then current rules of the American Arbitration Association or its successor. The arbitration of such issues, including the determination of any amount of damages suffered, will be final and binding upon the parties to the maximum extent permitted by law. The decision of the arbitrator or the panel, as applicable, shall be in writing and signed by the arbitrator. A copy of the arbitrator’s or the panel’s decision, as applicable, will be provided to each party. The arbitrator or panel, as applicable, in such action will not be authorized to change or modify any provision of this Agreement. Judgment upon the award rendered by the arbitrator or the panel, as applicable, may be entered by any court having jurisdiction thereof. The parties consent to the jurisdiction of the Supreme Court of the State of Nevada and of the U.S. District Court for the District of Nevada for all purposes in connection with arbitration, including the entry of judgment of any award. The Company shall advance the arbitrator’s or the panel’s fees, as applicable, subject to the provisions of Section 2(a), however, the arbitrator or the panel, as applicable, will award reasonable legal fees and expenses (including arbitration costs) to the prevailing party upon application therefor. The non-prevailing party may thus incur greater expenses under arbitration than under traditional court litigation. Except as may be necessary to enter judgment upon the award or to the extent required by applicable law, all claims, defenses and proceedings (including, without limiting the generality of the foregoing, the existence of the controversy and the fact th...
ARBITRATION AND LITIGATION. 5.1 Any dispute between the parties concerning any matter or thing arising from this Agreement may be referred by mutual written agreement of the parties to a mutually agreeable professional (the “Arbitrator”). In the event that the parties cannot mutually agree on the appointment of an Arbitrator within fifteen (15) days of written notice of a disagreement or dispute under this Agreement, the single Arbitrator will be appointed by the British Columbia International Commercial Arbitration Centre (“BCICAC”) of Vancouver, British Columbia, as the appointing authority. The appointment of any additional Arbitrators will be with the mutual consent and agreement of the parties and in the absence of such a sole Arbitrator will hear the Arbitration.
ARBITRATION AND LITIGATION. (i) Subject to clauses (ii) and (iii) hereof, all disputes relating to this Agreement may be settled by arbitration in Atlanta, Georgia before a single arbitrator pursuant to the rules of the American Arbitration Association (the "Rules"). Arbitration may be commenced at any time by any party hereto giving notice to the other parties hereto that are parties to a dispute that such dispute has been referred to arbitration pursuant hereto. The arbitrator shall be selected by agreement of the Purchaser and the Company, but if they do not so agree within 20 days after the date of the notice referred to above, the selection shall be made pursuant to the Rules from the panel or arbitrators maintained by the Association. Any award rendered by the arbitrator shall be conclusive and binding upon the parties hereto; provided, however, that any such award shall be accompanied by a written opinion of the arbitrator giving the award. This provision shall be specifically enforceable by the parties and the decision of the arbitrator in accordance herewith shall be final and binding, and there shall be no right of appeal therefrom. Each party shall pay its own expense of arbitration and the expenses of the arbitrator shall be equally shared; provided, however, that if in the opinion of the arbitrator any party to the arbitration has raised a frivolous claim, defense, or objection, then the arbitrator may assess, as a part of his award, all or any part of the arbitration expenses of the other parties (including reasonable attorney's fees) against the party raising such frivolous claim, defense, or objection.
ARBITRATION AND LITIGATION. In the event the Company terminates the Employee by reason of his Permanent Disability or for Cause and the Employee disputes the accuracy of the assertion of Permanent Disability or Cause, or in the event the Employee terminates his employment for Good Reason and the Company disputes the accuracy of such assertion of Good Reason, or in the event either party disputes the occurrence of a Change in Control, such dispute shall be resolved through final and binding arbitration in Clark County, Nevada in accordance with the then currxxx xommercial arbitration rules of the American Arbitration Association ("ASSOCIATION") or its successor, provided the Employee or the Company files a written demand for arbitration at a regional office of the Association within 30 calendar days following the date the Employee notifies the Company that he disputes the accuracy of the assertion of Permanent Disability or Cause or Change in Control, or the Company notifies the Employee that it disputes the accuracy of the assertion of Good Reason or Change in Control. In no event shall a demand for arbitration be made after the date when institution of legal or equitable proceedings based on the dispute in question would be barred by any applicable statute of limitations. In the event the Arbitrator finds that the termination by the Company was not for Permanent Disability or not for Cause or that the termination by the Employee was for Good Reason, or that a Change in Control has occurred and such issue was challenged by the Company, the Employee shall not be entitled to reinstatement, but shall be entitled to the appropriate benefits under Section 8 or Section 9, as applicable, and payment of his reasonable legal expenses in such arbitration. Any reasonableness of costs and expenses shall be determined by the arbitrator. Should the Employee at any time bring suit against the Company for breach of this Agreement (not including any matter required to be submitted to arbitration pursuant to the foregoing provisions of this Section 11) and obtain judgment in his favor, the Company shall pay his reasonable legal expenses and costs of suit. The provisions of this Section 11 shall in no way limit the right of any party to exercise self-help remedies or to obtain provisional or ancillary relief from a court of competent jurisdiction before, after, or during the pendency of any arbitration proceeding. The exercise of such remedy shall not waive the right of any party to resort to arbitrati...
ARBITRATION AND LITIGATION. In the event the Company terminates Executive by reason of his Disability or for Cause and Executive disputes the accuracy of such assertion of Disability or Cause, or in the event Executive terminates his employment for Good Reason and the Company disputes the accuracy of such assertion of Good Reason, the accuracy of such assertion shall be submitted to arbitration in accordance with the then current commercial arbitration rules of the American Arbitration Association ("Association") or its successor, provided Executive or the Company files a written demand for arbitration at a regional office of the Association within thirty (30) days following the Date of Termination. During the pendency of the arbitration proceeding, Executive will continue to be paid his Salary and receive other compensation benefits set forth in Section 5. In the event the arbitrator finds that the termination by the Company was not for Disability or not for Cause, as applicable, or that the termination by Executive was for Good Reason, Executive shall not be entitled to reinstatement, but shall be entitled to the benefits of Section 8(c) and in either case payment of his reasonable legal expenses in such arbitration.
ARBITRATION AND LITIGATION. If the mediation described in Section 6.2 is unsuccessful, then, in the Owner’s sole discretion, any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be resolved by either binding arbitration or litigation (filed in the state or local courts of Nashville, Tennessee). The Owner will notify the Design-Builder in writing of its election of arbitration or litigation within twenty (20) days after the date of the unsuccessful mediation, and Design-Builder agrees not to commence any legal action against the Owner until such election is made and communicated. If the Owner elects binding arbitration, it shall be administered, unless the parties mutually agree otherwise in writing, in accordance with the most recent Construction Industry Rules of the American Arbitration Association. Whether arbitration or litigation is elected by the Owner, any hearing shall be held in Nashville, Tennessee, and the Court or Arbitrator(s) shall have the power to award to the prevailing party its reasonable attorneys’ fees, expenses and costs.
ARBITRATION AND LITIGATION. 10.1 Any dispute between the Parties concerning any matter or thing arising from this Letter of Intent, the Option Agreement or the Exploration Consulting Services Agreement, may be referred to a mutually agreeable professional (the "ARBITRATOR"). In the event that the Parties cannot mutually agree on the appointment of an Arbitrator within fifteen (15) days of written notice of a disagreement or dispute under this Letter of Intent, the single Arbitrator will be appointed by the British Columbia International Commercial Arbitration Centre ("BCICAC") of Vancouver, B.C., as the appointing authority. The appointment of any additional Arbitrators will be with the mutual consent and agreement of the Parties and in the absence of such a sole Arbitrator will hear the Arbitration.
ARBITRATION AND LITIGATION. Any controversy or claim arising out of or related to this Agreement or any breach of this Agreement, including claims of employment or other discrimination by the Employee against the Company, shall be commenced, prosecuted and resolved in Dutchess County, New York by arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect, and judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration shall receive reasonable attorney's fees, costs and disbursements from the other party. Not withstanding the foregoing, if the Company elects to enforce its rights under Section 8 of this Agreement, the Company may commence an action in New York State Supreme Court, Dutchess County, and the Employee irrevocably consents to the jurisdiction and venue of such court.
ARBITRATION AND LITIGATION. 10.8 Except as otherwise provided in this Agreement and except for disputes solely involving a question of law: * the Parties will attempt to resolve all disputes concerning the interpretation, application and enforcement of any term of this Agreement by mediated negotiation, and will use their best efforts to agree on the choice of a mediator;
