Burden of Proof. For any Dispute submitted to arbitration, the burden of proof will be as it would be if the claim were litigated in a judicial proceeding.
Appears in 39 contracts
Samples: Share Purchase Agreement (Proofpoint Inc), Agreement and Plan of Merger (Zuora Inc), Agreement and Plan of Reorganization (Oncothyreon Inc.)
Burden of Proof. For any Dispute dispute submitted to arbitration, the burden of proof will be as it would be if the claim were litigated in a judicial proceeding.
Appears in 15 contracts
Samples: Employment Agreement (Raptor Pharmaceutical Corp), Employment Agreement (Raptor Pharmaceutical Corp), Employment Agreement (Raptor Pharmaceutical Corp)
Burden of Proof. For any Dispute claim submitted to arbitration, the burden of proof will shall be as it would be if the claim were litigated in a judicial proceeding.
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization (Worldtalk Communications Corp), Agreement and Plan of Reorganization (Mattson Technology Inc), Agreement and Plan of Reorganization (American Xtal Technology)
Burden of Proof. For any Dispute claim submitted to arbitrationan arbitration hereunder, the burden of proof will be as it would be if the claim were litigated in a judicial proceeding.
Appears in 6 contracts
Samples: Escrow Agreement (Trizetto Group Inc), Escrow Agreement (Trizetto Group Inc), Agreement and Plan of Reorganization and Merger (Platinum Software Corp)
Burden of Proof. For any Dispute Claim submitted to arbitration, the burden of proof will be as it would be if the claim were litigated in a judicial proceeding.
Appears in 3 contracts
Samples: Escrow Agreement (Checkfree Corp \De\), Escrow Agreement (Intuit Inc), Escrow Agreement (Team America Corporation)
Burden of Proof. For any Dispute submitted to arbitration, the burden of proof will be as it would could be if the claim were litigated in a judicial proceeding.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Cellegy Pharmaceuticals Inc), Agreement for Purchase and Sale (Viewpoint Corp/Ny/)
Burden of Proof. For any Dispute Arbitrable Claim submitted to arbitration, the burden of proof will be as it would be if the claim were litigated in a judicial proceeding.
Appears in 2 contracts
Samples: Escrow Agreement (Audio Highway-Com), Agreement and Plan of Reorganization (Integrated Systems Inc)
Burden of Proof. For any Dispute submitted to arbitration, the burden of proof will be as it would be if the claim were litigated in a any applicable judicial proceeding.
Appears in 2 contracts
Samples: Unit Purchase Agreement, Unit Purchase Agreement (Apptio Inc)
Burden of Proof. For any Dispute Contested Claim submitted to arbitration, the burden of proof will be as it would be if the claim were litigated in a judicial proceeding.
Appears in 2 contracts
Samples: Asset Purchase Agreement (I Many Inc), Asset Purchase Agreement (Neoforma Inc)
Burden of Proof. For any Dispute Claim submitted to arbitration, the burden of proof will shall be as it would be if the claim were litigated in a judicial proceeding.
Appears in 1 contract
Burden of Proof. For any Dispute claim submitted to arbitration, the --------------- burden of proof will shall be as it would be if the claim were litigated in a judicial proceedingproceedings.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Emusic Com Inc)
Burden of Proof. For any Dispute dispute submitted to arbitration, --------------- the burden of proof will be as it would be if the claim were litigated in a judicial proceeding.
Appears in 1 contract
Burden of Proof. For any Dispute submitted to arbitration, the burden of proof will be the same as it would be if the claim were litigated in a judicial proceeding.
Appears in 1 contract
Samples: Equipment Purchase Agreement (Network Access Solutions Corp)
Burden of Proof. For any Dispute dispute submitted to --------------- arbitration, the burden of proof will be as it would be if the claim were litigated in a judicial proceeding.
Appears in 1 contract
Burden of Proof. For any Dispute submitted to arbitration, the --------------- burden of proof will be as it would be if the claim were litigated in a judicial proceeding.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Verisign Inc/Ca)
