Common use of Arbitration of Disputes Clause in Contracts

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURY, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provision.

Appears in 3 contracts

Samples: Agreement to Rent or Lease, Agreement to Rent or Lease, Agreement to Rent or Lease

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYThe parties agree that any dispute or claim in law or equity arising between them out of this Agreement or any resulting transaction, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASshall be decided by neutral, OR ANY EVENT THEREONbinding arbitration. The arbitrator shall be a retired judge or justice, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONor an attorney with at least 5 years of residential real estate law experience, unless the parties mutually agrees to a different arbitrator, who shall render any award in accordance with substantive California Law. Any such The parties shall have the right to discovery in accordance with California Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions accordance with Title 9 of Part III of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to California Code of Civil Procedure. Judgment upon the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection award of the arbitration panel and shall be borne equally by all parties. (earbitrator(s) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable lawinto any court having jurisdiction. This provision Interpretation of this agreement to arbitrate shall not affect nor apply to any circumstance or event in which be governed by the Resident is in breach or default of any term of the tenancy agreementFederal Arbitration Act. “NOTICE: BY SIGNING THIS AGREEMENT, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaYOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. Said actions for unlawful detainer are specifically excluded from this provisionBY YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.

Appears in 3 contracts

Samples: Application and Agreement, Application and Agreement, Application and Agreement

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Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYThe parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASshall be decided by neutral, OR ANY EVENT THEREONbinding arbitration. The arbitrator shall be a retired judge, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONjustice or attorney, experienced with the arbitration of real estate disputes in Sonoma County and with no personal or business relationship with the owners, unless the parties mutually agree to a different arbitrator. Any such The arbitrator shall render an award in accordance with substantive California Law. In all other respects, the arbitration shall be held and conducted in the county in which the premises are located before three arbitratorsaccordance with Part III, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions Title 9 of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to California Code of Civil Procedure. Judgment upon the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection award of the arbitration panel and shall be borne equally by all parties. (earbitrator(s) The decision of the arbitrators shall be final, and judgment may be entered on it in any court having jurisdiction. The parties shall have the right to discovery in accordance with applicable lawCode of Civil Procedure § 1283.05. This provision shall The following types of disputes are not affect nor apply required to any circumstance be arbitrated hereunder: (i) Non-judicial or event in which the Resident is in breach or default of any term of the tenancy agreementjudicial foreclosure, including but not limited (ii) other actions to those circumstances which would give rise to enforce a cause of lien, (iii) an action for Unlawful Detainer under unlawful detainer, (iv) any probate court or small claims court matter, and (v) the laws filing or enforcement of the State of Californiaa mechanic’s lien. Said actions for unlawful detainer are specifically excluded from this provision“NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.” Landowner Initials District Initials

Appears in 2 contracts

Samples: District Sewer Service Agreement, District Sewer Service Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYEither party to this Agreement may require the arbitration of any dispute arising under or in connection with any matter related to this Agreement or any related agreement. Such party may initiate or require the other party to submit to arbitration. If legal action has already commenced, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONthe party seeking arbitration must so notify the other party in writing of such demand within twenty (20) days after the first service of process on such party. Any such The arbitration shall be held in conformity with and conducted subject to the applicable rules and procedures of the American Arbitration Association or, at the election of the demanding party, any other form of "alternative dispute resolution" procedure generally recognized in the State of California; e.g., a reference pursuant to California Code of Civil Procedure ("Code") Section 638 and/or reliance upon Section 1280 et. seq. of the Code. Any arbitration shall incorporate Section 1283.05 of the Code with respect to discovery matters. All parties agree to be (1) subject to the jurisdiction and venue of the arbitration in the county in which the premises are principal office of Company is located before three arbitrators, who shall or any other county in the State of California that may be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, mutually agreeable to the following: parties, (a2) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred bound by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, arbitrator as the final decision with respect to the dispute and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply (3) subject to any circumstance or event in which the Resident is in breach or default of any term jurisdiction of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws Superior Court of the State of CaliforniaCalifornia for the purpose of confirmation and enforcement of any award. Said actions for unlawful detainer are specifically excluded from this provisionNOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE FOREGOING ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION.

Appears in 2 contracts

Samples: Employment Agreement (On Village Communications Inc), Employment Agreement (On Village Communications Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute or claim in law or equity between Owner and Agent arising out of this contract or any resulting transaction which is not settled through mediation shall be decided by neutral, WHICH IS DIRECTLY OR INDIRECTLY RELATED TObinding arbitration and not by court action, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONexcept as provided by Arizona law for judicial review of arbitration proceedings. Any such The arbitration shall be held and conducted in accordance with the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions rules of either the American Arbitration Association (AAA) or Judicial Arbitration and Mediation Services, Inc. (JAMS). The selection between AAA and JAMS rules shall apply and govern such be made by the claimant first filing for the arbitration, subject, however, . The parties to an arbitration may agree in writing to use different rules and/or arbitrator(s). Judgment upon the followingaward rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties shall have the right to discovery. The following matters are excluded from arbitration hereunder: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute a judicial or non-judicial foreclosure or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution action or proceeding to enforce a deed of legal trust, mortgage, or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. Installment land sale contract, (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. an unlawful detainer action, (c) Each party shall bear their own respective fees and cost relative to the arbitration processfiling or enforcement of a mechanic's lien, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees any matter which is written the jurisdiction of a probate or small claims court, and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) an action for bodily injury or wrongful death, or for latent or patent defects. The decision filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply right to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer arbitrate under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provision. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY ARIZONA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Owner's Initials Agent's Initials

Appears in 2 contracts

Samples: Property Management Agreement, Arizona Property Management Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYThe parties hereto agree that, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOexcept as provided above with respect to an unlawful detainer action (or other action to obtain legal possession of the Premises) and the determination of the Option Rent under Section 23 below, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASany dispute or claim in law or equity arising between them out of this Lease, OR ANY EVENT THEREONwhich is not settled through Mediation, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be held and conducted in decided by neutral, binding arbitration (“Arbitration”). The Arbitrator shall be a retired judge with JAMS/Endispute unless the county in which the premises are located before three arbitratorsparties mutually agree to a different Arbitrator, who shall be selected as follows: The claimant and respondent shall each select one arbitratorrender an award in accordance with substantive California law. The two selected arbitrators will then select a third arbitratorparties shall have the right to discovery in accordance with California Code of Civil Procedure Section 1283.05. In all other respects, and the three arbitrators Arbitration shall constitute be conducted in accordance with Title 9 of Part III of the panelCalifornia Code of Civil Procedure. Judgment upon the award of the Arbitrator(s) may be entered into any court having jurisdiction. Interpretation of this Lease to Arbitrate shall be governed by the Federal Arbitration Act. The provisions of the American prevailing party in such Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends entitled to all punitive damages claims and call actions. (c) Each party shall bear their own respective recover its reasonable attorneys fees and cost relative to the all costs (including arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs) from the losing party. “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL, including but not limited to the arbitratorsBINDING ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTESfees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all partiesPROVISION. (e) The decision of the arbitrators shall be finalIF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, and judgment may be entered on it in accordance with applicable lawYOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreementYOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisionBINDING ARBITRATION.

Appears in 2 contracts

Samples: Office Lease (Blackline, Inc.), Office Lease (Blackline, Inc.)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute arising under this Agreement shall be resolved through final and binding arbitration administered by JAMS pursuant to its Employment Arbitration Rules & Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness. This shall be in lieu of any right to a jury trial, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich right is expressly waived. The arbitrator(s) shall not have the authority to add to, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASdetract from, OR ANY EVENT THEREONor modify any provision hereof nor to award punitive damages to any injured party. The arbitrator(s) shall have the authority to order back-pay, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONseverance compensation, and vesting of stock options, restricted stock or restricted stock units (or cash compensation in lieu of such vesting) if they determine that Executive is so entitled under the applicable provisions of this Agreement. The arbitrator(s) shall have the authority to order reimbursement by Executive of any compensation or benefits that he received under this Agreement if they determine that such compensation or benefits should not have been paid by Company under the applicable provisions of this Agreement, and they may order payment of actual or imputed damages incurred by Company for a breach under Paragraphs 5, 6, 7 or 8 of this Agreement. The direct out-of-pocket costs of arbitration proceedings (for example, arbitrators’ fees, stenographer, rental of a venue for the proceedings, etc.) shall be borne by the plaintiff bringing the action, but the arbitrator(s) may award an allocation or reimbursement of costs, including those incurred to enforce this Agreement and legal fees, and interest on any damages and costs awarded. Judgment may be entered on the arbitrators’ award in any court having jurisdiction. Any such arbitration proceeding shall be held and conducted in the county in which the premises are located before three arbitratorsSan Francisco, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provision.

Appears in 2 contracts

Samples: Employment Agreement (F5 Finishes, Inc), Employment Agreement (F5 Finishes, Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute regarding the interpretation, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOenforcement or performance of this Agreement, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS[the xxxx of sale, OR ANY EVENT THEREONor the assignment of leases] shall be decided by arbitration before a single arbitrator pursuant to the commercial arbitration rules of JAMS. Following a demand for arbitration, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONthe parties shall have ten calendar days to agree upon an arbitrator. If the parties cannot agree upon an arbitrator within such period, then either party may request that JAMS appoint an arbitrator. The decision of such arbitrator shall be final, and either party may apply to a court of competent jurisdiction for the confirmation thereof. The prevailing party in such arbitration shall be entitled to reimbursement of its reasonable attorneys' fees and costs, expert witness fees and arbitration fees. Any such arbitration shall be held and conducted in Los Angeles County, California. NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Buyer's Initials: _________ Seller's Initials: _________] [If Buyer involved in tax free exchange: Exchange. Seller acknowledges that Buyer's purchase of the county Property may be accomplished in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select connection with a third arbitratortax-free exchange, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern Seller agrees to cooperate with Buyer in completing such arbitrationan exchange, subject, however, to the following: (a) Any demand for arbitration shall be made provided that all costs in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and connection therewith shall be borne equally by all partiesBuyer. Buyer shall have until 4:00 p.m., _______ time, on the date ten (e10) The decision days after full execution of this Agreement in which to engage a suitable tax-free exchange accommodator or facilitator. If Buyer has not found a suitable exchange accommodator or facilitator in its sole discretion, Buyer may terminate this Agreement by delivering written notice of its intention to so terminate to Seller at any time within such 10-day period, in which event this Agreement shall terminate, the arbitrators Xxxxxxx Money deposit shall be finalreturned to Buyer and the parties shall have no further obligations hereunder. If Buyer fails to give such notice to terminate within such 10-day period, Buyer shall be deemed to have waived the contingency described in this Section and judgment may be entered on it this Agreement shall remain in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisionfull force and effect.]

Appears in 2 contracts

Samples: Real Estate Purchase and Sale Agreement and Joint Escrow Instructions, Real Estate Purchase and Sale Agreement and Joint Escrow Instructions

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYIn the event any dispute arises between Lessor and Lessee regarding this Lease or the occupancy of the Premises, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOLessor and Lessee shall cooperate with each other in good faith to resolve such dispute. In the event that Lessor and Lessee are unable to resolve such dispute within twenty (20) days, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration either party may elect that the dispute shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, submitted to the following: (a) Any demand for binding arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative pursuant to the arbitration process, and rules of ADR Services or JAMS. The arbitrator shall be entitled to award attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative prevailing party and may proceed to the arbitration process must be advanced prior to the selection of the arbitration panel and enter an award. The decision shall be borne equally by all partiesconclusive and binding. (e) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions Proceedings for unlawful detainer are specifically excluded shall be exempt from the provisions of this provision.Paragraph 59, and further, nothing herein shall prevent a party hereto from first seeking injunctive relief or filing an action in the Superior Court to otherwise preserve or protect its rights pending the outcome of the arbitration. ARBITRATION OF DISPUTES NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL, BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. _______/s/____________ ______/s/____________ LESSOR’S INITIALS LESSEE’S INITIALS

Appears in 2 contracts

Samples: AutoGenomics, Inc., AutoGenomics, Inc.

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute related to this Agreement or any other Loan Document will be resolved exclusively by a representative from JAMS in Newport Beach, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOCalifornia pursuant to its streamlined rules. If the parties cannot agree upon a representative from JAMS, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each then JAMS will select one an arbitrator. The two selected arbitrators arbitrator will then select a third arbitratorbe authorized to order specific performance, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute damages or any other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on remedy as would be available to a court of law. The prevailing party in such a matter would arbitration will be entitled to have been barred by and recover from the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to other parties participating in the arbitration processall costs and expenses of arbitration, and including reasonable attorneys' fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited in addition to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment any other relief that may be entered on it in accordance with applicable lawgranted. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreementNOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS "ARBITRATION OF DISPUTES" PROVISION DECIDED EXCLUSIVELY BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaUNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS "ARBITRATION OF DISPUTES" PROVISION OR, IN THE CASE OF APPEAL, IN SECTIONS 1280-1294.4 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. Said actions for unlawful detainer are specifically excluded from this provision.IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. /s/ /s/ Lender ______ Borrower ______

Appears in 1 contract

Samples: Revolving Line of Credit Agreement (Biolargo, Inc.)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute arising out of or relating to the negotiation, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOconstruction, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASperformance, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration or non-performance of any aspect of this Agreement shall be held settled by binding arbitration conducted remotely/virtually in accordance with the Streamlined Arbitration Rules and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions Procedures of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be finalJAMS, and judgment upon the award rendered by any such arbitrator may be entered in any court having jurisdiction thereof. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision regarding governing law, enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. No arbitration initiated under this Agreement shall be permitted by the arbitrator or a court to proceed or be maintained as a class action or representative action by You on it in accordance with applicable lawbehalf of other customers. This provision shall not affect nor apply to any circumstance or event in which NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE FEDERAL ARBITRATION ACT OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. NOTICE: BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO MAINTAIN ANY CLASS ACTION OR REPRESENTATIVE ACTION IN ARBITRATION OR ANY COURT CONCERNING ANY DISPUTE SPECIFIED ABOVE. I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. Initials of Customer Initials of Powur Homeowners Association Information Please check the Resident is in breach or default of any term one of the tenancy agreement, including but appropriate boxes below to indicate whether or not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws installation of the State of California. Said actions for unlawful detainer are specifically excluded Solar System on Your Property requires advance approval from this provisionany homeowners association or any other association or organization with any rights or claims over or with respect to the Property (“HOA”).

Appears in 1 contract

Samples: Solar Installation Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURY, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONAny dispute concerning the application or effect of this Lease will be subject to “Arbitration”. Any such As used herein Arbitration means arbitration shall be held procedures in conformity with and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant subject to applicable rules and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions procedures of the American Arbitration Association rules for resolving commercial disputes. If the American Arbitration Association is not then in existence or for any reason fails or refuses to act, the Arbitration shall apply be in conformity with and govern such arbitration, subject, however, subject to the following: (a) Any demand for arbitration then existing provisions of California law relating to arbitration. The Parties shall pay their respective attorneys’ fees and shall share the cost of Arbitration equally unless the arbitrators determine otherwise as a result of a party's malicious or capricious conduct. Each Party shall be entitled to discovery to the same extent as if the matter were before the Superior Court.‌ “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR LEASE TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION.” Tenant’s Initials Landlord’s Initials DRAFT 1920. Nondiscrimination. Tenant covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this Lease is made and accepted upon and subject to the following conditions:‌ That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in writing and must be made within 180 days after the claimleasing, dispute subleasing, transferring, use, occupancy, tenure, or other matter in question has arisen. In no event enjoyment of the premises herein leased nor shall the demand for arbitration be made after the date that institution lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of legal discrimination or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative segregation with reference to the arbitration processselection, and attorneys’ feeslocation, if awarded shall not exceed $500.00. (d) All administrative fees and costsnumber, including but not limited to use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisionpremises herein leased.

Appears in 1 contract

Samples: Commercial Lease

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAll claims or disputes between Owner and Contractor arising out of, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOor relating to, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASthe Agreement or breach thereof which are not within the Small Claims exception described in Section 6(b)above and which were not resolved in mediation pursuant to Section 6(a) above, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be decided by binding arbitration held in accordance with the rules and conducted in procedures of the county in which California Code of Civil Procedure (“CCP”) Section 1282 et seq., unless the premises are located before three arbitratorsparties mutually agree otherwise. As one alternative, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute parties agree to use the panel. The provisions Construction Industry Arbitration Rules of the American Arbitration Association rules Association. If the parties cannot agree on the appointment of a neutral arbitrator they shall apply and govern such arbitration, subject, however, be required to abide by the following: (a) Any selection process described in CCP Section 1281.5. A notice of demand for arbitration shall be made filed within a reasonable time after the dispute has arisen. The notice of demand for arbitration must be filed in writing with the other party to this Agreement and with the AAA and must be made within 180 days in a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred The award rendered by the applicable statute of limitations. (barbitrator(s) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must will be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, considered final and judgment may be entered on upon it in accordance with applicable lawlaw in any court having jurisdiction thereof. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreementNOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVER AND APPEAL, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaUNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION ABOVE. Said actions for unlawful detainer are specifically excluded from this provision.IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Contractor’s Initials Owner’s Initials

Appears in 1 contract

Samples: jhdet3hr6z2iddh546lx9618-wpengine.netdna-ssl.com

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYExcept as otherwise provided in this Section 21.26 and except in connection with any determination of “market rent” pursuant to any provision of this Lease, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOany controversy (whether in tort or contract or other) arising under or relating to this Lease, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASthe subject matter of this Lease, OR ANY EVENT THEREONand/or the transactions contemplated herein or related thereto (including but not limited to the parties' rights to any monies due hereunder or otherwise), SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any the parties hereto agree that such arbitration controversy shall be held settled by final, binding arbitration in San Diego, California, administered by and conducted in accordance with the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions Commercial Arbitration Rules of the American Arbitration Association rules Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties hereto agree that the provisions of California Code of Civil Procedure §1283.05, as it may be amended from time to time, shall apply be incorporated into, made a part of, and govern such arbitrationmade applicable to this arbitration agreement, subject, however, except to the following: (a) Any demand for arbitration extent in conflict with any provision of this Section. The arbitrators shall have the authority to award compensatory damages only and shall have no authority to award punitive, exemplary or similar type damages or any form of equitable relief. Only a practicing attorney-at-law licensed to practice in the State of California, with at least 10 years experience in commercial landlord-tenant or other commercial real estate matters, or a judge retired from the bench of either the State or federal courts in California, may be appointed to serve as an arbitrator. The award shall be made in writing and must be made within 180 days after the claimwriting, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred signed by the applicable statute arbitrator (or a majority of limitationsthe panel of arbitrators), and shall include findings of fact and conclusions of law. (bThe arbitrator(s) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative award to the arbitration process, and attorneys’ feesprevailing party, if awarded shall not exceed $500.00. (d) All administrative any, as determined by the arbitrators, its reasonable fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel arbitrator and shall be borne equally by all parties. (e) The decision of the arbitrators shall be finaladministrative fees, and judgment may be entered on it in accordance with applicable lawSection 21.18 of this Lease. This provision Notwithstanding anything in this Section to the contrary, in the event of a Default, Landlord shall not affect nor apply be entitled to any circumstance or event commence and maintain a civil action in which accordance with the Resident is in breach or default of any term unlawful detainer statutes to recover possession of the tenancy agreementPremises and damages arising from the Default, including but not limited and to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws recover possession of the State of CaliforniaPremises and all amounts awarded pursuant to the judgment. Said actions for unlawful detainer are specifically excluded from this provision.NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. Initials_______ Initials________ Initials_______ Initials_______

Appears in 1 contract

Samples: Industrial Lease Net (Alphatec Holdings, Inc.)

Arbitration of Disputes. ANY DISPUTE BETWEEN Notwithstanding anything contained herein to the contrary, You agree that any disputes arising from or relating to Your purchase of Tickets hereunder or any related transaction relating to the use of the Site or its services or any relationship or dispute between You and S&R or You and any company or person employed by or which is affiliated with either S&R, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of California law to the maximum extent permitted by applicable law. THE PARTIES ARISING FROM TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR RELATING JURY. NO PARTY TO A CLAIM FOR PERSONAL INJURY, WHICH IS DIRECTLY THIS AGREEMENT APPLIES SHALL BRING OR INDIRECTLY RELATED TO, PARTICIPATE IN ANY CLASS ACTION OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONDISPUTE. Any such No party bound by this Agreement agrees to class arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected or any other arbitration proceedings where a person brings a Dispute as follows: The claimant and respondent shall each select one arbitratora representative of other persons. The two selected arbitrators parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of be administered by the American Arbitration Association rules shall apply (AAA) in accordance with Commercial Arbitration Rules, and govern such arbitrationif deemed appropriate by the arbitrator, subjectthe Supplementary Procedures for Consumer- Related Disputes, howeverto be held in San Francisco, California. Any proceeding to enforce this arbitration agreement must be brought in the state or federal courts located in the City and County of San Francisco, California, to the following: (a) Any demand for arbitration exclusion of all other forums. This Agreement shall be made in writing governed and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it construed in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from , notwithstanding any contrary choice-of-law principles, and all claims relating to or arising out of this provisionAgreement, or the breach thereof, whether sounding in contract, tort or otherwise.

Appears in 1 contract

Samples: skullandroses.com

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYBuyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASshall be decided by neutral, OR ANY EVENT THEREONbinding arbitration. Xxxxx and Xxxxxx also agree to arbitrate any disputes or claims with Xxxxxx(s), SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONwho, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Any such The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions accordance with Title 9 of Part 3 of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to Code of Civil Procedure. Judgment upon the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection award of the arbitration panel and shall be borne equally by all parties. (earbitrator(s) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable lawinto any court having jurisdiction. This provision Enforcement of this agreement to arbitrate shall not affect nor apply to any circumstance or event in which be governed by the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaFederal Arbitration Act. Said actions for unlawful detainer are specifically excluded Exclusions from this provisionarbitration agreement are specified in Section 11(c). “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.” BUYER’S INITIALS: _ , SELLER’S INITIALS: , ,

Appears in 1 contract

Samples: Real Estate Purchase Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYBuyer and Seller agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASshall be decided by neutral, OR ANY EVENT THEREONbinding arbitration. Buyer and Seller also agree to arbitrate any disputes or claims with Broker(s), SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONwho, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Any such The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions accordance with Title 9 of Part 3 of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to Code of Civil Procedure. Judgment upon the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection award of the arbitration panel and shall be borne equally by all parties. (earbitrator(s) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable lawinto any court having jurisdiction. This provision Enforcement of this agreement to arbitrate shall not affect nor apply to any circumstance or event in which be governed by the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaFederal Arbitration Act. Said actions for unlawful detainer are specifically excluded Exclusions from this provisionarbitration agreement are specified in Section 11(c). “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.” BUYER’S INITIALS: _ , SELLER’S INITIALS: , ,

Appears in 1 contract

Samples: Real Estate Purchase Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURY, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONThe parties to this Agreement shall exercise their best efforts to negotiate and settle promptly any dispute that may arise with respect to this Agreement. Any such arbitration shall be held and conducted Time is of the essence in the county resolution of disputes. In the event that a dispute cannot be so settled the parties agree to submit such dispute to binding arbitration at Los Angeles, California in which accordance with the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions prevailing rules of the American Arbitration Association rules shall apply (or any successor thereto). If the American Arbitration Association is not then in existence and govern such arbitrationthere is no successor, subjector if for any reason the American Arbitration Association fails or refuses to act, however, to the following: (a) Any demand for arbitration shall be made in writing conformity with and must subject to the provisions of applicable California statutes (if any) relating to arbitration at the time of the notice. The arbitrators shall be made within 180 days after bound by this agreement and all related agreements. Pleadings in any action pending on the claimsame matter shall, dispute or other matter in question has arisen. In no event shall if arbitration is required as aforesaid, be deemed amended to limit the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred issues to those contemplated by the applicable statute of limitationsrules prescribed above. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each prevailing party shall bear their own respective fees pay the costs of arbitration, including arbitrator=s fees, as awarded by the arbitrator(s). The number and cost relative selection of arbitrator(s) shall be in accordance with the rules prescribed above, except that each arbitrator selected shall be neutral and familiar with the principal subject matter of the issues to be arbitrated, such as, by way of example, federal and state grant administration, or such other subject matter as may be at issue, the arbitration processtestimony of witnesses shall be given under oath, and attorneys’ fees, if awarded shall not exceed $500.00depositions and other discovery may be ordered by the arbitrator(s). (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators arbitrator(s) shall be finalconclusive, final and judgment binding on the parties for all purposes. The award rendered in any arbitration may be entered on it in accordance with applicable lawand enforced as a judgment under California law at the request of either party to the arbitration. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreementNOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaUNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE >ARBITRATION OF DISPUTES= PROVISION. Said actions for unlawful detainer are specifically excluded from this provision.IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE APPLICABLE STATE STATUTE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT ANY DISPUTE ARISING OUT OF THIS AGREEMENT INCLUDED IN THE >ARBITRATION OF DISPUTES= PROVISION CONTAINED IN THIS AGREEMENT. _____________________ (_________)

Appears in 1 contract

Samples: Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURY4.0 If the initials of BORROWER and LENDER appear below, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOall controversies or claims among or between the parties including BORROWER, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASLENDER, OR ANY EVENT THEREONCOMPANY, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be held their respective officers, directors, agents, employees and conducted in the county in which the premises are located before three arbitratorsassignees, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions arising out of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, or relating to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costsproposed LOAN, including but not limited to the arbitrators’ fees relative to arranging thereof, DOCUMENTS relating thereto, and the arbitration process must be advanced prior to the selection of the arbitration panel servicing and enforcement thereof, shall be borne equally determined by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it binding arbitration in accordance with applicable lawrules of the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. ("JAMS"), at the election of the party initiating arbitration. This Judgment on the arbitrators' award may be entered in any court having jurisdiction. Without waiving a party's right to arbitration, any party may seek judicial relief to: (a) enforce the assignment of rents provision contained in the deed(s) of trust securing the LOAN, including the appointment of a receiver; (b) secure possession of the PROPERTY by an action for unlawful detainer; or (c) commence an action in interpleader for the sole purpose of resolving conflicting claims to funds or DOCUMENTS delivered in escrow. Any proceeding for judicial foreclosure shall not affect nor apply be subject to any circumstance arbitration. The exercise of the power of sale contained in the deed of trust securing the LOAN, or event in which the Resident is in breach or default exercise of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer private default remedies under the laws California Commercial Code shall not constitute a waiver of the State of Californiathis Agreement nor shall they be deemed inconsistent with arbitration. Said actions for unlawful detainer are specifically excluded from this provision.NOTICE: IF YOU INITIAL IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY A NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP YOUR RIGHT TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE ALSO GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. NOTWITHSTANDING YOUR ELECTION TO ARBITRATE, YOU HAVE THE RIGHT TO CONTACT APPROPRIATE REGULATORY AGENCIES TO REGISTER A COMPLAINT ABOUT THE COMPANY OR THIS TRANSACTION. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. XXXXXXXX AND XXXXXX: INITIAL ONLY IF YOU AGREE TO ARBITRATION: initial initial initial initial initial initial initial initial

Appears in 1 contract

Samples: Escrow Instructions

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYExcept for (A) any unlawful detainer action brought by Lessor against Lessee, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO(B) any matter other than enforcement of rights under this Lease, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASor (C) any matter primarily founded upon matters of fraud, OR ANY EVENT THEREONwillful misconduct, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration bad faith or any other allegations of tortuous action, and seek the award of punitive or exemplary damages, which disputes shall be held and conducted resolved by suit filed in the county in Superior Court of Los Angeles County, California, the decision of which the premises are located before three arbitrators, who court shall be selected as follows: The claimant subject to appeal pursuant to applicable law, any dispute or claim in law or equity between Lessor and respondent Lessee arising out of this Lease shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of be determined by arbitration by the American Arbitration Association rules shall apply and govern such arbitrationat Los Angeles, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provision.NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALIZING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Initials on behalf of Lessor Initials of behalf of Lessee __/s/____AEW___________ ________________________

Appears in 1 contract

Samples: Lease Assignment and Assumption Agreement (Helpcity Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny controversy or claim arising out of or relating to the subject matter of this Agreement, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOor the breach thereof, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASincluding both tort and contract claims, OR ANY EVENT THEREONshall be settled as follows: the parties to the controversy or claim shall first attempt to resolve the controversy or claim by meeting with a mutually agreeable mediator. If the parties to the controversy or claim are unable to agree on a mediator, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONthen the mediator shall be appointed by JAMS/Endispute, San Diego, California ("JAMS"). Any such If the controversy or claim is not resolved by mediation within 60 days after the party raising the controversy or claim first notifies the other party(ies) thereof in writing, then the controversy or claim shall be submitted to JAMS for binding arbitration at San Diego, California, in accordance with JAMS's then current rules. The award from the arbitration shall be held binding upon all parties and conducted in the county in which the premises are located before three arbitratorstheir successors, who shall be selected as follows: The claimant and respondent shall each select regardless of whether one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, said parties fails or refuses to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be finalparticipate therein, and judgment upon the award rendered by the arbitrator may be entered on it in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event court having jurisdiction thereof Attorneys' fees and costs may be awarded in which the Resident is in breach or default of any term discretion of the tenancy agreementarbitrator. BY INITIALING IN THE SPACE BELOW, including but not limited to those circumstances which would give rise to a cause YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MAY HAVE TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRILL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING, AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. /s/[SIGNATURE ILLEGIBLE ------------------------- _____________________ Initials of action for Unlawful Detainer under the laws Seller Initials of the State of California. Said actions for unlawful detainer are specifically excluded from this provision.Buyer

Appears in 1 contract

Samples: Purchase and Sale Agreement, Contribution Agreement and Joint Escrow Instructions (Kilroy Realty Corp)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny claim or controversy arising out of or relating to this Agreement or the interpretation, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOperformance, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration or breach thereof shall be held and conducted decided by binding arbitration in accordance with the Arbitration Rules of the California Yacht Brokers Association provided in the county California Yacht BROKERS Association Arbitration Procedures Manual in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after effect on the date that institution of legal or equitable proceedings based on such a matter would have been barred by arbitration is requested. Manuals and fee schedules are available upon request from the applicable statute of limitationsCalifornia Yacht Brokers Association. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actionsNOTICE: BY INITIALING IN THE SPACE PROVIDED BELOW YOU ARE AGREEING TO SUBMIT ANY DISPUTE ARISING OUT OF OR RETALIATING TO THIS AGREEMENT OR THE BREACH THEREOF TO BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION RULES OF THE CALIFORNIA YACHT BROKERS ASSOCIATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. (c) Each party shall bear their own respective fees and cost relative to the arbitration processBY INITIALING THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, and attorneys’ fees, if awarded shall not exceed $500.00YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all partiesYOUR AGREEMENT TO THIS PROVISION IS VOLUNTARY. (e) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law“WE INITIAL THE SPACES PROVIDED BELOW HAVING READ AND UNDERSTOOD THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING TO BINDING ARBITRATION. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provision25.

Appears in 1 contract

Samples: www.adairyachts.com

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYExcept as otherwise provided in this Section 21.26 and except in connection with any determination of “market rent” pursuant to any provision of this Lease, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOany controversy (whether in tort or contract or other) arising under or relating to this Lease, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASthe subject matter of this Lease, OR ANY EVENT THEREONand/or the transactions contemplated herein or related thereto (including but not limited to the parties’ rights to any monies due hereunder or otherwise), SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any the parties hereto agree that such arbitration controversy shall be held resolved by final, binding arbitration in San Diego, California, administered by and conducted in accordance with the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions Commercial Arbitration Rules of the American Arbitration Association rules Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties hereto agree that the provisions of California Code of Civil Procedure §1283.05, as it may be amended from time to time, shall apply be incorporated into, made a part of, and govern such arbitrationmade applicable to this arbitration agreement, subject, however, except to the following: extent in conflict with any provision of this Section. The arbitrators shall have the authority to award compensatory damages only and shall have no authority to award punitive, exemplary or similar type damages or any form of equitable relief. Only a practicing attorney-at-law licensed to practice in the State of California, with at least ten (a10) Any demand for arbitration years’ experience in commercial landlord-tenant or other commercial real estate matters, or a judge retired from the bench of either the state or federal courts in California, may be appointed to serve as an arbitrator. The award shall be made in writing and must be made within 180 days after the claimwriting, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred signed by the applicable statute arbitrator (or a majority of limitationsthe panel of arbitrators), and shall include findings of fact and conclusions of law. (bThe arbitrator(s) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative award to the arbitration process, and attorneys’ feesprevailing party, if awarded shall not exceed $500.00. (d) All administrative any, as determined by the arbitrators, its reasonable fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel arbitrator and shall be borne equally by all parties. (e) The decision of the arbitrators shall be finaladministrative fees, and judgment may be entered on it in accordance with applicable lawSection 21.18 of this Lease. This provision Notwithstanding anything in this Section to the contrary, in the event of a Default, Landlord shall not affect nor apply be entitled to any circumstance or event commence and maintain a civil action in which accordance with the Resident is in breach or default of any term unlawful detainer statutes to recover possession of the tenancy agreementPremises and damages arising from the Default, including but not limited and to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws recover possession of the State of CaliforniaPremises and all amounts awarded pursuant to the judgment. Said actions for unlawful detainer are specifically excluded from this provision.NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. Initials Initials Initials Initials NNN Form 2021 CARLSBAD CORPORATE CENTER I - 336 October 1, 2021 -21-

Appears in 1 contract

Samples: Aptera Motors Corp

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute regarding the interpretation, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOenforcement or performance of this Agreement, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS[the bill of sale, OR ANY EVENT THEREONor the assignment of leases] shall be decided by arbitration before a single arbitrator pursuant to the commercial arbitration rules of JAMS. Following a demand for arbitration, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONthe parties shall have ten calendar days to agree upon an arbitrator. If the parties cannot agree upon an arbitrator within such period, then either party may request that JAMS appoint an arbitrator. The decision of such arbitrator shall be final, and either party may apply to a court of competent jurisdiction for the confirmation thereof. The prevailing party in such arbitration shall be entitled to reimbursement of its reasonable attorneys' fees and costs, expert witness fees and arbitration fees. Any such arbitration shall be held and conducted in Los Angeles County, California. NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Buyer's Initials: _________ Seller's Initials: _________] [If Buyer involved in tax free exchange: Exchange. Seller acknowledges that Xxxxx's purchase of the county Property may be accomplished in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select connection with a third arbitratortax-free exchange, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern Xxxxxx agrees to cooperate with Xxxxx in completing such arbitrationan exchange, subject, however, to the following: (a) Any demand for arbitration shall be made provided that all costs in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and connection therewith shall be borne equally by all partiesXxxxx. Buyer shall have until 4:00 p.m., _______ time, on the date ten (e10) The decision days after full execution of this Agreement in which to engage a suitable tax-free exchange accommodator or facilitator. If Buyer has not found a suitable exchange accommodator or facilitator in its sole discretion, Buyer may terminate this Agreement by delivering written notice of its intention to so terminate to Seller at any time within such 10-day period, in which event this Agreement shall terminate, the arbitrators Xxxxxxx Money deposit shall be finalreturned to Buyer and the parties shall have no further obligations hereunder. If Buyer fails to give such notice to terminate within such 10-day period, Buyer shall be deemed to have waived the contingency described in this Section and judgment may be entered on it this Agreement shall remain in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisionfull force and effect.]

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement and Joint Escrow Instructions

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURY, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be held and conducted in 5.0 All controversies or claims between the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions parties hereto including COMPANY arising out of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, or relating to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred loan contemplated by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and coststhis agreement, including but not limited to the arbitrators’ fees relative to arranging thereof, documents relating thereto, and the arbitration process must be advanced prior to the selection of the arbitration panel servicing and enforcement thereof, shall be borne equally determined by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it arbitration in accordance with applicable lawrules of the American Arbitration Association. This provision shall not affect nor Judgment on the arbitrators' award may be entered in any court having jurisdiction. Without waiving a party's right to arbitration any party may apply to any circumstance court of competent jurisdiction for the following: (a) to enforce the assignment of rents provision contained in any deed of trust securing the loan, including the appointment of a receiver; (b) to secure possession of the real property subject to the deed of trust by an action for unlawful detainer; or event to commence an action in which interpleader for the Resident is sole purpose of resolving conflicting claims to funds, documents or instruments deposited in breach escrow. Any proceeding for judicial foreclosure shall not be subject to arbitration. The exercise of the power of sale contained in the deed of trust securing this loan, or default the exercise of any term private default remedies under the Uniform Commercial Code shall not constitute a waiver of this agreement to arbitrate nor shall they be deemed inconsistent with arbitration. NOTICE: By initialing in the space below you are agreeing to have any dispute arising out of the tenancy agreementmatters included in the Arbitration of Disputes' provision decided by a neutral arbitration as provided by California law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. By initialing in the space below you are giving up your judicial rights to discovery and appeal, including but not limited unless such rights are specifically included in the 'Arbitration of Disputes' provision. If you refuse to those circumstances which would give rise submit to a cause of action for Unlawful Detainer arbitration after agreeing to this provision, you may be compelled to arbitrate under the laws authority of the State California code of Californiacivil procedure. Said actions for unlawful detainer are specifically excluded from Your agreement to this provision.arbitration provision is voluntary. We have read and understood the foregoing and agree to submit disputes arising out of the matters included in the Arbitration of Disputes' provision to neutral arbitration. Initial Initial Initial Initial DUAL AGENCY DISCLOSURE

Appears in 1 contract

Samples: Borrower Escrow Instructions

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYEither party to this Agreement may require the arbitration of any dispute arising under or in connection with any matter related to this Agreement or any related agreement. Such party may initiate or require the other party to submit to arbitration. If legal action has already commenced, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONthe party seeking arbitration must so notify the other party in writing of such demand within twenty (20) days after the first service of process on such party. Any such The arbitration shall be held in conformity with and conducted subject to the applicable rules and procedures of the American Arbitration Association or, at the election of the demanding party, any other form of "alternative dispute resolution" procedure generally recognized in the State of California; e.g., a reference pursuant to California Code of Civil Procedure ("Code") Section 638 and/or reliance upon Section 1280 et. seq. of the Code. Any arbitration shall incorporate Section 1283.05 of the Code with respect to discovery matters. All parties agree to be (1) subject to the jurisdiction and venue of the arbitration in the county in which the premises are principal office of Company is located before three arbitrators, who shall or any other county in the State of California that may be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, mutually agreeable to the following: parties, (a2) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred bound by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, arbitrator as the final decision with respect to the dispute and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply (3) subject to any circumstance or event in which the Resident is in breach or default of any term jurisdiction of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws Superior Court of the State of CaliforniaCalifornia for the purpose of confirmation and enforcement of any award. Said actions for unlawful detainer are specifically excluded from this provision.NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE FOREGOING ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION. EMPLOYEE: THE COMPANY: ON'VILLAGE COMMUNICATIONS, INC. /s/ JACK XXXXXX By:/s/ ROBEXX XXXXXX --------------------------- --------------------------- Jack Xxxxxx Robexx Xxxxxx President and Chief Operating Officer

Appears in 1 contract

Samples: Employment Agreement (On Village Communications Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny controversy or claim arising out of or relating to this contract or the breach thereof, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of settled by arbitration administered by the American Arbitration Association rules shall apply in accordance with its Commercial Arbitration Rules, and govern such arbitration, subject, however, to judgment on the following: (aaward rendered by the arbitrator(s) Any demand for may be entered in any court having jurisdiction thereof. The place of the arbitration shall be made in writing and must be made within 180 days after the claimOrange County, dispute or other matter in question has arisenCalifornia. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their its own respective costs and expenses including legal fees and cost relative to an equal share of the arbitration process, arbitrator's and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costsof arbitration. NOTICE: BY INITIALING IN THE SPACE BELOW, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all partiesYOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH THEREOF DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. (e) The decision of the arbitrators shall be finalBY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO HIS PROVISION, and judgment may be entered on it in accordance with applicable lawYOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaYOUR AGREEMENT TO THE ARBITRATION PROVISION IS VOLUNTARY. Said actions for unlawful detainer are specifically excluded from this provision.WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OR RELATING TO THIS AGREEMENT OR THE BREACH THEREOF TO NEUTRAL ARBITRATION. Trimedyne: _______ Xxxxxxx X. Xxxxxxxx: _______ MST: _______ Xxxxxxx X. Xxxxxxxx: _______ SECTION 8 GENERAL PROVISIONS

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Trimedyne Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYIf the parties are unable to resolve any dispute regarding the terms of this Lease or Lessor or Lessee's rights hereunder, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOexcept money to be paid, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASwithin 30 days after commencement of good faith negotiations, OR ANY EVENT THEREONany such dispute may be referred to arbitration by either party. Any unresolved dispute as to any amount or sum of money to be paid by one party to the other party under the provisions hereof, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONthe party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest," such payment not being regarded as voluntary payment and there shall survive the right on the part of said party to request that the matter be submitted to arbitration as provided below concerning the recovery of such sum. Notwithstanding the above, this provision shall not apply to payments of the base rent or to the initial CAC payable under this Lease or any amount based on Lessee's pro rata share. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease. In the event of such dispute between Lessor and Lessee regarding the terms of this Lease, or Lessor and Lessee's rights and obligations hereunder, such dispute shall be resolved by binding arbitration pursuant to California Code of Civil Procedure Sections 1280 through 1294.2 or successor stature. Any such arbitration shall be held and conducted in the county in which the premises are located before three arbitratorsSan Jose, who shall be selected as follows: The claimant and respondent shall each select one arbitratorCalifornia. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern prevailing party in such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends entitled to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and recover its reasonable attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative ' fees and costs. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all partiesUNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. (e) The decision of the arbitrators shall be finalIF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, and judgment may be entered on it in accordance with applicable lawYOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaYOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. Said actions for unlawful detainer are specifically excluded from this provision.WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. LESSOR:____________ LESSEE:____________

Appears in 1 contract

Samples: Plans And (General Surgical Innovations Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYSeller and Xxxxxx agree that any dispute or claim in Law or equity between them arising out of this Agreement or any resulting transaction, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASshall be decided by neutral, OR ANY EVENT THEREONbinding arbitration. The arbitrator shall be a retired judge or justice, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONor an attorney with at least 5 years of residential real estate Law experience in the state of the subject Property, unless the parties mutually agree to a different arbitrator. Any such The parties shall have the right to discovery in accordance with Code of Civil Procedure. In all other respects, the arbitration shall be held and conducted in accordance with the county in which Code of Civil Procedure. Judgment upon the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions award of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (aarbitrator(s) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in accordance with applicable lawparagraph 19C. NOTICE: BY SIGNING THIS AGREEMENT YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY STATE LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. This provision BY SIGNING THIS AGREEMENT YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER SIGNING THIS AGREEMENT, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE STATE CODE OF CIVIL PROCEDURE.C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: The following matters shall be excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in State Civil Code; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not affect nor apply to any circumstance constitute a waiver or event in which the Resident is in breach or default of any term violation of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisionmediation and arbitration provisions.

Appears in 1 contract

Samples: Service Listing Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute or claim in law or equity arising out of this Agreement or any resulting transaction (except under any note carried back by Seller or Deed of Trust securing the same) whether arising prior to or after the Close of Escrow, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOincluding, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASwithout limitation, OR ANY EVENT THEREONany and all disputes regarding liquidated damages, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be held cancellation of Escrow, representations by Buyer or Seller, specific performance, the existence and conducted extent of any defects in the county in which the premises are located before three arbitratorsProperty, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitratormanufacturer warranty, and the three arbitrators extent of any damages sustained, shall constitute be decided by neutral binding arbitration in accordance with the panel. The provisions commercial arbitration rules of the American Arbitration Association rules shall apply Association, and govern such arbitration, subject, however, to not by court action except as provided by California law for judicial review of arbitration proceedings. Judgment upon the following: (aaward rendered by the arbitrator(s) Any demand for arbitration shall may be made entered in writing and must be made within 180 days after the claim, dispute or other matter in question has arisenany court having jurisdiction thereof. In no the event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such there is a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior disagreement as to the selection of an arbitrator, the American Arbitration Association shall select the arbitrator. The obligation to arbitrate set forth herein shall survive the Close of Escrow and the delivery of Seller’s Grant Deed. If the determination as to whether Seller is entitled to disbursement of Purchase Money as liquidated damages is referred to arbitration, any fee to initiate arbitration panel and shall be paid by Seller, but the cost of arbitration shall ultimately be borne equally as determined by all partiesthe arbitrator. (e) The decision of the arbitrators shall be finalNOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, and judgment may be entered on it in accordance with applicable lawUNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreementIF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaYOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. Said actions for unlawful detainer are specifically excluded from this provision.YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. Buyer Initials Buyer Initials Seller Initials

Appears in 1 contract

Samples: Property Purchase Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURY, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration dispute or claim in law or equity in excess of $7,500.00 arising out of this contract or any resulting transaction shall be held and conducted decided by neutral binding arbitration in accordance with the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions rules of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to not by court action except as provided by California Law for judicial review of arbitration proceedings. Judgment upon the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred award rendered by the applicable statute of limitations. (barbitrator(s) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it in any court having jurisdiction thereto. The parties shall have the right to discovery in accordance with applicable lawCode of Civil Procedure 1283.05. This provision The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term constitute a waiver of the tenancy agreement, including but not limited right to those circumstances which would give rise to a cause of action for Unlawful Detainer arbitrate under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provision. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE INVOLVING A CLAIM IN EXCESS OF $7,500.00 ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES INVOLVING A CLAIM IN EXCESS OF $7,500.00 ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." (Initial) Consultant ( ) Client ( ) Client ( )

Appears in 1 contract

Samples: Consulting Services Contract

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURY4.0 If the initials of BORROWER and LENDER appear below, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOall controversies or claims among or between the parties including BORROWER, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASLENDER, OR ANY EVENT THEREONCOMPANY, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be held their respective officers, directors, agents, employees and conducted in the county in which the premises are located before three arbitratorsassignees, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions arising out of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, or relating to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costsproposed LOAN, including but not limited to the arbitrators’ fees relative to arranging thereof, DOCUMENTS relating thereto, and the arbitration process must be advanced prior to the selection of the arbitration panel servicing and enforcement thereof, shall be borne equally determined by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it binding arbitration in accordance with applicable lawrules of the American Arbitration Association or Judicial Arbitration and Mediation Services, Inc. ("JAMS"), at the election of the party initiating arbitration. This Judgment on the arbitrators' award may be entered in any court having jurisdiction. Without waiving a party's right to arbitration, any party may seek judicial relief to: (a) enforce the assignment of rents provision contained in the deed(s) of trust securing the LOAN, including the appointment of a receiver; (b) secure possession of the PROPERTY by an action for unlawful detainer; or (c) commence an action in interpleader for the sole purpose of resolving conflicting claims to funds or DOCUMENTS delivered in escrow. Any proceeding for judicial foreclosure shall not affect nor apply be subject to any circumstance arbitration. The exercise of the power of sale contained in the deed of trust securing the LOAN, or event in which the Resident is in breach or default exercise of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer private default remedies under the laws California Commercial Code shall not constitute a waiver of the State of Californiathis Agreement nor shall they be deemed inconsistent with arbitration. Said actions for unlawful detainer are specifically excluded from this provision.NOTICE: IF YOU INITIAL IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY A NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP YOUR RIGHT TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE ALSO GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. NOTWITHSTANDING YOUR ELECTION TO ARBITRATE, YOU HAVE THE RIGHT TO CONTACT APPROPRIATE REGULATORY AGENCIES TO REGISTER A COMPLAINT ABOUT THE COMPANY OR THIS TRANSACTION. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. BORROWER AND LENDER: INITIAL ONLY IF YOU AGREE TO ARBITRATION: initial initial initial initial initial initial initial initial

Appears in 1 contract

Samples: Escrow Instructions

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Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute regarding the interpretation, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOenforcement or performance of this Agreement, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS[the xxxx of sale, OR ANY EVENT THEREONor the assignment of leases] shall be decided by arbitration before a single arbitrator pursuant to the commercial arbitration rules of JAMS. Following a demand for arbitration, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONthe parties shall have ten calendar days to agree upon an arbitrator. If the parties cannot agree upon an arbitrator within such period, then either party may request that JAMS appoint an arbitrator. The decision of such arbitrator shall be final, and either party may apply to a court of competent jurisdiction for the confirmation thereof. The prevailing party in such arbitration shall be entitled to reimbursement of its reasonable attorneys' fees and costs, expert witness fees and arbitration fees. Any such arbitration shall be held and conducted in Los Angeles County, California. NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Buyer's Initials: Seller's Initials: ] [If Buyer involved in tax free exchange: Exchange. Seller acknowledges that Buyer's purchase of the county Property may be accomplished in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select connection with a third arbitratortax-free exchange, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern Seller agrees to cooperate with Buyer in completing such arbitrationan exchange, subject, however, to the following: (a) Any demand for arbitration shall be made provided that all costs in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and connection therewith shall be borne equally by all partiesBuyer. Buyer shall have until 4:00 p.m., time, on the date ten (e10) The decision days after full execution of this Agreement in which to engage a suitable tax-free exchange accommodator or facilitator. If Buyer has not found a suitable exchange accommodator or facilitator in its sole discretion, Buyer may terminate this Agreement by delivering written notice of its intention to so terminate to Seller at any time within such 10-day period, in which event this Agreement shall terminate, the arbitrators Xxxxxxx Money deposit shall be finalreturned to Buyer and the parties shall have no further obligations hereunder. If Buyer fails to give such notice to terminate within such 10-day period, Buyer shall be deemed to have waived the contingency described in this Section and judgment may be entered on it this Agreement shall remain in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisionfull force and effect.]

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement and Joint Escrow Instructions

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYSubject to the foregoing Paragraph, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOSublessee and Sublessor agree that any dispute relating to this Sublease shall be subject to neutral, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASbinding arbitration and not by court action, OR ANY EVENT THEREONunless this Sublease expressly states that such dispute is not subject to arbitration or the parties subsequently agree not to submit the dispute to arbitration. The arbitration shall be conducted in accordance with the rules of either the American Arbitration Association ("AAA") or Judicial Arbitration and Mediation Services, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONInc./Endispute ("JAMS/Endispute"). Any such The selection shall be made by the party first filing for arbitration. The parties to an arbitration may agree in writing to use different rules and/or arbitrators. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 (beginning with Section 1280) of the California Code of Civil Procedure. The arbitration shall be held and conducted in San Mateo County, California. Subject to the county in which provisions of this Lease, an award of the premises are located before three arbitrators, who arbitrator selected by the parties or by the court shall be selected as follows: The claimant final and respondent shall each select one arbitratorbinding upon the parties hereto and judgment may be entered upon it in a court having jurisdiction pursuant to Section 36.E. hereof. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions expenses of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all partiesSublessor and Sublessee. (e) The decision of In any arbitration under this Lease the arbitrators parties shall be finalentitled to discovery in like manner as if the matter were a California Superior Court trial. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, and judgment may be entered on it in accordance with applicable lawUNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. This provision shall not affect nor apply IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Consent to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provision.neutral arbitration by: SUBLESSEE SUBLESSOR (_____) (_____) (_____) (_____)

Appears in 1 contract

Samples: Sublease Agreement (Ramp Networks Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYEither party to this Agreement may require the arbitration of any dispute arising under or in connection with any matter related to this Agreement or any related agreement. Such party may initiate or require the other party to submit to arbitration. If legal action has already commenced, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONthe party seeking arbitration must so notify the other party in writing of such demand within twenty (20) days after the first service of process on such party. Any such The arbitration shall be held in conformity with and conducted subject to the applicable rules and procedures of the American Arbitration Association or, at the election of the demanding party, and other form of "alternative dispute resolution" procedure generally recognized in the State of California; e.g., a reference pursuant to California Code of Civil Procedure ("Code") Section 638 and/or reliance upon Section 1280 et. seq. of the Code. Any arbitration shall incorporate Section 1283.05 of the Code with respect to discovery matters. All parties agree to be (1) subject to the jurisdiction and venue of the arbitration in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions principal office of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, Company is located or any other county in the State of California that may be mutually agreeable to the following: parties, (a2) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred bound by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be finalarbitrator as the final decision with respect to the dispute NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE FOREGOING ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MAY POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, and judgment may be entered on it in accordance with applicable lawUNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreementIF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION. EMPLOYEE: THE COMPANY: ON'VILLAGE COMMUNICATIONS, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaINC. Said actions for unlawful detainer are specifically excluded from this provision.By KENT XXXXXXX By JACK XXXXXX --------------------------- --------------------------- Kent Xxxxxxx Jack Xxxxxx Chief Executive Officer

Appears in 1 contract

Samples: Employment Agreement (On Village Communications Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYEither party to this Agreement may require the arbitration of any dispute arising under or in connection with any matter related to this Agreement or any related agreement. Such party may initiate or require the other party to submit to arbitration. If legal action has already commenced, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONthe party seeking arbitration must so notify the other party in writing of such demand within twenty (20) days after the first service of process on such party. Any such The arbitration shall be held in conformity with and conducted subject to the applicable rules and procedures of the American Arbitration Association or, at the election of the demanding party, any other form of "alternative dispute resolution" procedure generally recognized in the State of California; e.g., a reference pursuant to California Code of Civil Procedure ("Code") Section 638 and/or reliance upon Section 1280 et. seq. of the Code. Any arbitration shall incorporate Section 1283.05 of the Code with respect to discovery matters. All parties agree to be (1) subject to the jurisdiction and venue of the arbitration in the county in which the premises are principal office of Company is located before three arbitrators, who shall or any other county in the State of California that may be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, mutually agreeable to the following: parties, (a2) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred bound by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, arbitrator as the final decision with respect to the dispute and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply (3) subject to any circumstance or event in which the Resident is in breach or default of any term jurisdiction of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws Superior Court of the State of CaliforniaCalifornia for the purpose of confirmation and enforcement of any award. Said actions for unlawful detainer are specifically excluded from this provision.NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE FOREGOING ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. YOU HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION. EMPLOYEE: THE COMPANY: ON'VILLAGE COMMUNICATIONS, INC. /s/ JAMEX XXXXXX By: /s/ ROBEXX XXXXXX ---------------------------- ---------------------------- Jamex Xxxxxx Robexx Xxxxxx President and Chief Operating Officer

Appears in 1 contract

Samples: Employment Agreement (On Village Communications Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute arising out of or relating to the negotiation, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOconstruction, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASperformance, OR ANY EVENT THEREONor non-performance of any aspect of this Agreement shall be settled by binding arbitration conducted remotely/virtually in accordance with the Streamlined Arbitration Rules and Procedures of JAMS, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONand binding judgment upon the award rendered by any such arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall mandatory fees will be held and conducted in charged to the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitratorparties equally. The two selected arbitrators most current fee schedule can be accessed at xxxxx://xxx.xxxxxxx.xxx/arbitration-fees. Any claim against the Maryland Home Improvement Guaranty Fund by You will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection stayed until completion of the arbitration panel and proceeding. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision regarding governing law, enforcement of this agreement to arbitrate shall be borne equally governed by all partiesthe Federal Arbitration Act. (e) The decision No arbitration initiated under this Agreement shall be permitted by the arbitrator or a court to proceed or be maintained as a class action or representative action by You on behalf of other customers. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE FEDERAL ARBITRATION ACT OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. NOTICE: BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO MAINTAIN ANY CLASS ACTION OR REPRESENTATIVE ACTION IN ARBITRATION OR ANY COURT CONCERNING ANY DISPUTE SPECIFIED ABOVE. I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. CUSTOMER: POWUR: Signature: Signature: Date: Date: Homeowners Association Information Please check one of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law. This provision shall appropriate boxes below to indicate whether or not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term installation of the tenancy agreement, including but not limited Solar System on Your Property requires advance approval from any homeowners association or any other association or organization with any rights or claims over or with respect to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisionProperty (“HOA”).

Appears in 1 contract

Samples: Solar Installation Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYBuyer and Seller agree that any dispute or claim in law or equity arising between them out of this agreement or any resulting transaction, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation shall be decided by neutral, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASbinding arbitration, OR ANY EVENT THEREONSUBJECT to paragraphs below the arbitrator shall be a retired judge or justice, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONunless the parties mutually agree to a different arbitrator, who shall render an award In accordance with substantive California Law. Any such In all other respects, the arbitration shall be held and conducted in the county in which the premises are located before three arbitratorsIn accordance with Part III, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions Title 9 of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to California Code of Civil Procedure Judgment upon the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection award of the arbitration panel and shall be borne equally by all parties. (earbitrator(s) The decision of the arbitrators shall be final, and judgment may be entered on it in any Court having jurisdiction. The parties shall have the right to discovery in accordance with applicable lawCode of Civil Procedure s1283.05 "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreementBY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaUNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. Said actions for unlawful detainer are specifically excluded from this provisionIF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. " Buyer’s” Initials _____/____ “Seller’s” Initials _____/_____

Appears in 1 contract

Samples: Purchase and Sale Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYSeller and Xxxxxx agree that any dispute or claim in Law or equity between them arising out of this Agreement or any resulting transaction, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASshall be decided by neutral, OR ANY EVENT THEREONbinding arbitration. The arbitrator shall be a retired judge or justice, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONor an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. Any such The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions accordance with Title 9 of Part 3 of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to Code of Civil Procedure. Judgment upon the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection award of the arbitration panel and shall be borne equally by all parties. (earbitrator(s) The decision of the arbitrators shall be final, and judgment may be entered on it into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in accordance with applicable lawparagraph 19C. NOTICE: BY SIGNING THIS AGREEMENT YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. This provision BY SIGNING THIS AGREEMENT YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER SIGNING THIS AGREEMENT, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: SAMPLE The following matters shall be excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not affect nor apply to any circumstance constitute a waiver or event in which the Resident is in breach or default of any term violation of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisionmediation and arbitration provisions.

Appears in 1 contract

Samples: Limited Service Listing Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYSubject to the foregoing Paragraph, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOSublessee and ----------------------- Sublessor agree that any dispute relating to this Sublease shall be subject to neutral, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASbinding arbitration and not by court action, OR ANY EVENT THEREONunless this Sublease expressly states that such dispute is not subject to arbitration or the parties subsequently agree not to submit the dispute to arbitration. The arbitration shall be conducted in accordance with the rules of either the American Arbitration Association (`AAA') or Judicial Arbitration and Mediation Services, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONInc./Endispute (`JAMS/Endispute'). Any such The selection shall be made by the party first filing for arbitration. The parties to an arbitration may agree in writing to use different rules and/or arbitrators. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 (beginning with Section 1280) of the California Code of Civil Procedure. The arbitration shall be held and conducted in San Mateo County, California. Subject to the county in which provisions of this Lease, an award of the premises are located before three arbitrators, who arbitrator selected by the parties or by the court shall be selected as follows: The claimant final and respondent shall each select one arbitratorbinding upon the parties hereto and judgment may be entered upon it in a court having jurisdiction pursuant to Section 36.E. hereof. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions expenses of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all partiesSublessor and Sublessee. (e) The decision of In any arbitration under this Lease the arbitrators parties shall be finalentitled to discovery in like manner as if the matter were a California Superior Court trial. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, and judgment may be entered on it in accordance with applicable lawUNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. This provision shall not affect nor apply IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. Consent to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provision.neutral arbitration by: SUBLESSEE: /s/ GC 2/17/99 ---------------- SUBLESSOR: /s/ SG 2/17/99 ----------------

Appears in 1 contract

Samples: Sublease Agreement (Ramp Networks Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURY, WHICH IS DIRECTLY OR INDIRECTLY RELATED TO, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration controversies or claims between Seller and Buyer arising from or related to this Agreement shall be held and conducted settled by arbitration in the county City of San Jose, California, in which accordance with the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The commercial arbitration rules of JAMS if 1146205.doc not inconsistent with other provisions of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be finalthis Agreement, and judgment on the award rendered by the arbitrators may be entered on it in accordance with applicable lawany court having jurisdiction. This provision shall not affect nor apply The parties submit to any circumstance or event in which the Resident is in breach or default of any term jurisdiction of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws Superior Court of the State of California, Santa Xxxxx County, for purposes of confirming any such award and entering judgment. Said actions for unlawful detainer are specifically excluded from this provision.Each party shall bear its own costs and expenses of arbitration. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. THE UNDERSIGNED HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. Seller’s Initials: Buyer’s Initials:

Appears in 1 contract

Samples: Option and Purchase and Sale Agreement and Escrow Instructions

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYIf, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOat any time, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASany controversy shall arise between the parties with respect to any matter arising out of, OR ANY EVENT THEREONor relating to this contract, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration the formation or validity thereof, performance thereunder of the breach thereof, which the parties do not promptly adjust and determine, said controversy shall be held decided by arbitration administered and conducted in accordance with the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions Construction Arbitration Rules of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, then obtaining unless waived. This agreement to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred arbitrate rendered by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, final and judgment may be entered on upon it in accordance with applicable lawany court having jurisdiction thereof. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default The locale of any term arbitration hearing will be determined as would the venue of the tenancy agreement, including but not limited any action pursuant to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State state. This agreement to arbitrate shall not apply to the non-judicial exercise of Californiathe power of sale granted by Buyer to the trustee for the benefit of Builder. Said actions for unlawful detainer are specifically excluded from this provision.NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY TEXAS LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION. Initials Initials

Appears in 1 contract

Samples: Life Enhancing Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYThe Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASshall be decided by neutral, OR ANY EVENT THEREONbinding arbitration. The arbitrator shall be a retired judge or justice, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONor an attorney with at least 5 years of transactional real estate law experience, unless the parties mutually agree to a different arbitrator. Any such The Parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05, In all other respects, the arbitration shall be held and conducted in accordance with Title 9 of Part 3 of the county in which Code of Civil Procedure. Judgment upon the premises are located before three arbitrators, who award of the arbitrator(s} may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be selected as follows: The claimant and respondent shall each select one arbitratorgoverned by the Federal Arbitration Act. The two selected arbitrators will then select following matters are excluded from mediation and arbitration: (i) a third arbitratorjudicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; and (III) any matter that is within the three arbitrators shall constitute the panelJurisdiction of a probate, small claims or bankruptcy court. The provisions following shall not constitute a waiver nor violation of the American Arbitration Association rules shall apply mediation and govern such arbitration, subject, however, to the followingarbitration provisions: (ai) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution filing of legal or equitable proceedings based on such a matter would have been barred by the applicable court action to preserve a statute of limitations; (Ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, Injunction, or other provisional remedies, or (iii) the recording of a mechanic's lien. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions"NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCL.UDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. (c) Each party shall bear their own respective fees and cost relative to the arbitration processBY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, and attorneys’ feesUNLESS THOSE RIGHTS ARE XXXXXXXXXX.XX INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, if awarded shall not exceed $500.00YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisionYOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY' WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION." BUYER SELLER

Appears in 1 contract

Samples: Real Property Purchase Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute arising out of this Agreement, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhether for interpretation or enforcement of its terms, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be held determined and conducted in settled by arbitration under the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions prevailing commercial rules of the American Arbitration Association rules shall apply and govern such arbitration, subjectAssociation; provided, however, that each party shall be entitled to engage in discovery to the following: (a) Any demand for extent permitted under the California Code of Civil Procedure, without regard to whether such arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred is otherwise governed by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions Arbitration shall be held in Orange County, California. Any award rendered in such arbitration shall be final and binding on each of the parties and judgment may be entered thereon in the Superior Court of the State of ___________ for unlawful detainer are specifically excluded from this provision.the County of ________________. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. DRS EAT DRS LLC DEL Exchanger xxxxxxxxxxxxxx

Appears in 1 contract

Samples: Qualified Exchange Accommodation Agreement (Maguire Properties Inc)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAll controversies and/or claims between the parties hereto, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOincluding “COMPANY”, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions arising out of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, or relating to the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred loan contemplated by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and coststhis agreement, including but not limited to the arbitrators’ fees relative to arranging thereof, documents relating thereto, and the arbitration process must be advanced prior to the selection of the arbitration panel servicing and enforcement thereof, shall be borne equally determined by all parties. (e) The decision of the arbitrators shall be final, and judgment may be entered on it arbitration in accordance with applicable lawrules of the American Arbitration Association. This provision shall not affect nor Judgment on the arbitrator‟s award may be entered in any court having jurisdiction. Without waiving a party‟s right to arbitration, any party may apply to any circumstance court of competent jurisdiction for the following: (a) to enforce the assignment of rents provision contained in any deed of trust securing the loan, including the appointment of a receiver; (b) to secure possession of the real property subject to the deed of trust by an action for unlawful detainer. Any proceeding for judicial foreclosure shall not be subject to arbitration. The exercise of the power of sale contained in the deed of trust securing this loan, or event in which the Resident is in breach or default exercise of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer private default remedies under the laws Uniform Commercial Code shall not constitute a waiver of the State of Californiathis agreement to arbitrate nor shall they be deemed inconsistent with arbitration. Said actions for unlawful detainer are specifically excluded from this provision.NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE „ARBITRATION OF DISPUTES‟ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO „ARBITRATION OF DISPUTES‟ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTOOD THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE „ARBITRATION OF DISPUTES‟ PROV ARBITRATION. INITIAL-->> LENDER: COMPANY:

Appears in 1 contract

Samples: Lender Servicing Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYOwner and Broker agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASshall be decided by neutral, OR ANY EVENT THEREONbinding arbitration. The arbitrator shall be a retired judge or justice, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONor an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. Any such The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions accordance with Title 9 of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to Code of Civil Procedure. Judgment upon the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection award of the arbitration panel and shall be borne equally by all parties. (earbitrator(s) The decision of the arbitrators shall be final, and judgment may be entered on it in accordance with applicable lawinto any court having jurisdiction. This provision Enforcement of this agreement to arbitrate shall not affect nor apply to any circumstance or event in which be governed by the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaFederal Arbitration Act. Said actions for unlawful detainer are specifically excluded Exclusions from this provisionarbitration agreement are specified in paragraph 15C. “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DSPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARIBTRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES PROVISION TO NEUTRAL ARBITRATION.” Owner’s initials / Broker’s initials _/

Appears in 1 contract

Samples: Broker Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYAny dispute, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOclaim or controversy arising out of or relating to this Agreement or the breach, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAStermination, OR ANY EVENT THEREONenforcement, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONinterpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the City and County of San Francisco, California, before a single arbitrator. Any such The arbitration shall be held administered by JAMS pursuant to its Comprehensive Arbitration Rules and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions of the American Arbitration Association rules shall apply and govern such arbitration, subjectProcedures; provided, however, if the amount in controversy is not likely to be more than the following: (a) Any demand for arbitration amount of the Deposit, such matter shall be made in writing administered by JAMS pursuant to its Streamlined Arbitration Rules and must be made within 180 days after Procedures. Judgment on the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection of the arbitration panel and shall be borne equally by all parties. (e) The decision of the arbitrators shall be final, and judgment award may be entered on it in accordance with applicable lawany court having jurisdiction. This provision clause shall not affect nor apply to any circumstance or event preclude parties from seeking provisional remedies in which the Resident is in breach or default aid of any term arbitration from a court of the tenancy agreementappropriate jurisdiction. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY WASHINGTON LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of CaliforniaUNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. Said actions for unlawful detainer are specifically excluded from this provision.IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF WASHINGTON LAW. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBITRATION. /s/ JG /s/ BH BUYER’S INITIALS SELLER’S INITIALS

Appears in 1 contract

Samples: Purchase Agreement (Invesco Real Estate Income Trust Inc.)

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYIf there is any dispute concerning the Materials or this Agreement, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOat your election, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREAS, OR ANY EVENT THEREON, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION. Any such arbitration dispute shall be held and conducted submitted exclusively to binding arbitration in the county County of Los Angeles, State of California, in which accordance with the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, arbitration laws of the State of California and the three arbitrators shall constitute the panel. The provisions rules and regulations of the American Arbitration Association rules not inconsistent therewith. The arbitration shall apply be held before a single neutral arbitrator having not less than ten (10) years experience as a practicing lawyer or judge of the California Superior Court or federal courts located in California in copyright and govern such arbitrationother intellectual property disputes. Any award favorable to me shall be limited to a monetary award of compensation for wrongful use, subjectif any, howeverof the Proprietary Materials, to the followingwhich shall either: (a) Any demand for arbitration shall be made in writing bear a reasonable relationship to, and must be made within 180 days after the claimnot exceed, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after monies normally paid by you as of the date that institution of legal hereof for similar properties under similar circumstances; or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative be an amount equal to the arbitration processfair market value thereof as of the date hereof (not as of any later or other date), and attorneys’ feesas the arbitrator reasonably shall determine. I acknowledge that I shall suffer no damage, if awarded any, in excess of the amount so determined, whether arising out of, related to or in connection with any use or other exploitation of the Materials or by reason of any other claim I may have with respect thereto and that I shall not exceed $500.00suffer any irreparable injury arising therefrom. (d) All administrative I irrevocably and unconditionally waive any and all other rights, remedies or benefits which I might have, whether for actual, punitive or statutory damages, any form of injunctive or other equitable relief, to rescind or terminate this Agreement or to litigate in court any dispute. BY AGREEING TO ARBITRATE, I IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL. The procedure for implementing or challenging the arbitrator's decision shall be that set forth in California Code of Civil Procedure Section 1285, et seq., relating to confirming, correcting or vacating arbitration awards. The arbitrator's award shall not include an award of attorneys or other professionals' fees and or costs, including but not limited to or the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection costs of the arbitration panel and shall be borne equally by all parties. (e) The decision of including the arbitrators shall be finalarbitrator's fees or costs), and judgment may be entered on it in accordance with applicable law. This provision shall not affect nor apply to any circumstance or event in which the Resident is in breach or default of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisioneither party.

Appears in 1 contract

Samples: Submission Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYOwner and Broker agree that any dispute or claim arising between them out of the obligation to pay compensation under this Agreement, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASshall be decided by neutral, OR ANY EVENT THEREONbinding arbitration, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONsubject to paragraph 9C below. Any such The arbitrator shall be a retired judge or justice, or an attorney with at least five years of residential income real estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. In all other respects, the arbitration shall be held and conducted in the county in which the premises are located before three arbitratorsaccordance with Part III, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions Title 9 of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to California Code of Civil Procedure. Judgment upon the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection award of the arbitration panel and shall be borne equally by all parties. (earbitrator(s) The decision of the arbitrators shall be final, and judgment may be entered on it in any court having jurisdiction. The parties shall have the right to discovery in accordance with applicable lawCode of Civil Procedure §1283.05. This provision shall not affect nor apply to any circumstance or event in “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHTPOSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF VICIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” Owner and Broker acknowledge receipt of copy of this page, which the Resident is in breach or default constitutes Page 3 of any term of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California4 Pages. Said actions for unlawful detainer are specifically excluded from this provisionOwner’s Initials ( ) ( ) Broker’s Initials ( ) ( ) Owner Name: Date “WE HAVE READ AND UNDER THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ‘ARBITRATION OF DISPUTES’ PROVISION TO NEUTRAL ARBITRATION.” Owner’s Initials / Broker’s Initials /

Appears in 1 contract

Samples: Property Management Agreement

Arbitration of Disputes. ANY DISPUTE BETWEEN THE PARTIES ARISING FROM OR RELATING TO A CLAIM FOR PERSONAL INJURYSeller and Xxxxxx agree that any dispute or claim in Law or equity between them arising out of this Agreement or any resulting transaction, WHICH IS DIRECTLY OR INDIRECTLY RELATED TOwhich is not settled through mediation, OR ARISING FROM A CONDITION OF THE LEASED PREMISES OR THE COMMON AREASshall be decided by neutral, OR ANY EVENT THEREONbinding arbitration. The arbitrator shall be a retired judge or justice, SHALL BE RESOLVED SOLELY BY ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATIONor an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. Any such The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In all other respects, the arbitration shall be held and conducted in the county in which the premises are located before three arbitrators, who shall be selected as follows: The claimant and respondent shall each select one arbitrator. The two selected arbitrators will then select a third arbitrator, and the three arbitrators shall constitute the panel. The provisions accordance with Title 9 of Part 3 of the American Arbitration Association rules shall apply and govern such arbitration, subject, however, to Code of Civil Procedure. Judgment upon the following: (a) Any demand for arbitration shall be made in writing and must be made within 180 days after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based on such a matter would have been barred by the applicable statute of limitations. (b) The arbitrators’ jurisdiction extends to all punitive damages claims and call actions. (c) Each party shall bear their own respective fees and cost relative to the arbitration process, and attorneys’ fees, if awarded shall not exceed $500.00. (d) All administrative fees and costs, including but not limited to the arbitrators’ fees relative to the arbitration process must be advanced prior to the selection award of the arbitration panel and shall be borne equally by all parties. (earbitrator(s) The decision of the arbitrators shall be final, and judgment may be entered on it into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in accordance with applicable lawparagraph 19C. NOTICE: BY SIGNING THIS AGREEMENT YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. This provision BY SIGNING THIS AGREEMENT YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER SIGNING THIS AGREEMENT, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.C. ADDITIONAL MEDIATION AND ARBITRATION TERMS: The following matters shall be excluded from mediation and arbitration: (i) a judicial or non-judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (iii) the filing or enforcement of a mechanic's lien; and (iv) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not affect nor apply to any circumstance constitute a waiver or event in which the Resident is in breach or default of any term violation of the tenancy agreement, including but not limited to those circumstances which would give rise to a cause of action for Unlawful Detainer under the laws of the State of California. Said actions for unlawful detainer are specifically excluded from this provisionmediation and arbitration provisions.

Appears in 1 contract

Samples: Limited Service Listing Agreement

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