Arbitration Clause Example with 5 Variations from Business Contracts
This page contains Arbitration clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Arbitration. Any dispute or controversy arising under or in connection with this Agreement (other than any dispute or controversy arising from a violation or alleged violation by the Executive of the provisions of Section 7) shall be settled exclusively by final and binding arbitration in Denver, Colorado, in accordance with the Employment Arbitration Rules of the American Arbitration Association ("AAA"). The arbitrator shall be selected by mutual agreement of the parties, if possible. If the parties fail to... reach agreement upon appointment of an arbitrator within thirty days following receipt by one party of the other party's notice of desire to arbitrate, the arbitrator shall be selected from a panel or panels of persons submitted by the AAA. The selection process shall be that which is set forth in the AAA Employment Arbitration Rules then prevailing, except that, if the parties fail to select an arbitrator from one or more panels, AAA shall not have the power to make an appointment but shall continue to submit additional panels until an arbitrator has been selected. This agreement to arbitrate shall not preclude the parties from engaging in voluntary, non-binding settlement efforts including mediation. 9 9. Notices. All notices and other communications hereunder shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person, by registered or certified mail (return receipt requested and with postage prepaid thereon) or by facsimile transmission to the respective parties at the following addresses (or at such other address as either party shall have previously furnished to the other in accordance with the terms of this Section ): if to the Company: Global Healthcare REIT Attn: Board of Directors/Compensation Committee Chairman 6800 North 79th St. Suite 200 Niwot, CO 80503 if to the Executive: Zvi Rhine _____________________________ _____________________________ 10. Amendment; Waiver. The terms and provisions of this Agreement may be modified or amended only by a written instrument executed by each of the parties hereto, and compliance with the terms and provisions hereof may be waived only by a written instrument executed by each party entitled to the benefits thereof. No failure or delay on the part of any party in exercising any right, power or privilege granted hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege granted hereunder.View More
Variations of a "Arbitration" Clause from Business Contracts
Arbitration. Any If a dispute or controversy arising under or in connection claim shall arise between the parties with this Agreement (other than respect to any dispute or controversy arising from a violation or alleged violation by the Executive of the terms or provisions of Section 7) this Agreement, or with respect to the performance by any of the parties under this Agreement, then the parties agree that the dispute shall be settled exclusively by final and binding arbitration arbitrated in Denver, Colora...do, Costa Mesa, California, before a single arbitrator, in accordance with the Employment Arbitration Rules rules of either the American Arbitration Association ("AAA"). ("AAA") or Judicial Arbitration and Mediation Services, Inc./Endispute ("AJAMS/Endispute"). The selection between AAA and JAMS/Endispute rules shall be made by the claimant first demanding arbitration. The arbitrator shall have no power to alter or modify any express provisions of this Agreement or to render any award which by its terms affects any such alteration or modification. The parties to the arbitration may agree in writing to use different rules and/or arbitrator(s). In all other respects, the arbitration shall be selected conducted in accordance with the California Code of Civil Procedure, or equivalent. The parties agree that the judgment award rendered by mutual agreement of the parties, if possible. If the parties fail to reach agreement upon appointment of an arbitrator within thirty days following receipt by one party of the other party's notice of desire to arbitrate, the arbitrator shall be selected from a panel or panels considered binding and may be entered in any court having jurisdiction as stated in Paragraph 12 of persons submitted by this Agreement. The provisions of this Paragraph shall survive the AAA. The selection process shall be that which is set forth in the AAA Employment Arbitration Rules then prevailing, except that, if the parties fail to select an arbitrator from one or more panels, AAA shall not have the power to make an appointment but shall continue to submit additional panels until an arbitrator has been selected. This agreement to arbitrate shall not preclude the parties from engaging in voluntary, non-binding settlement efforts including mediation. 9 termination of this Agreement. 5 9. Notices. All notices and Any notice, request, demand, or other communications hereunder shall be in writing and shall be communication given (and pursuant to the terms of this Agreement shall be deemed to have been duly given upon receipt) by delivery delivery, if hand delivered or delivered via facsimile, or Forty‐Eight (48) hours after deposit in person, by the United States mail, postage prepaid, and sent certified or registered or certified mail (return mail, return receipt requested and with postage prepaid thereon) or by facsimile transmission requested, correctly addressed to the respective addresses of the parties at the following addresses (or indicated below or at such other address as either such party shall in writing have previously furnished advised the other party. If to the Company: Cerebain Biotech Corp. 600 Anton Blvd., Suite 1100 Costa Mesa, CA 92626 With a copy to: The Law Offices of Craig V. Butler 300 Spectrum Center Drive Suite 300 Irvine, CA 92618 Attn: Mr. Craig V. Butler If to Wesley Tate Wesley Tate ____________________ ____________________ 10. Assignment. Subject to all other provisions of this Agreement, any attempt to assign or transfer this Agreement or any of the rights conferred hereby, by judicial process or otherwise, to any person, firm, company, or corporation without the prior written consent of the other party, shall be invalid, and may, at the option of such other party, result in an incurable event of default resulting in termination of this Agreement and all rights hereby conferred. 6 11. Choice of Law. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the terms laws of this Section ): if the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the Company: Global Healthcare REIT Attn: Board principles of Directors/Compensation Committee Chairman 6800 North 79th St. Suite 200 Niwot, CO 80503 if to the Executive: Zvi Rhine _____________________________ _____________________________ 10. Amendment; Waiver. The terms and provisions conflict of this Agreement may be modified or amended only by a written instrument executed by each of the parties hereto, and compliance with the terms and provisions hereof may be waived only by a written instrument executed by each party entitled to the benefits thereof. No failure or delay on the part of any party in exercising any right, power or privilege granted hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege granted hereunder. laws. View More
Arbitration. Any In the event the parties are not able to resolve any dispute between them arising out of or controversy arising under concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in connection with this Agreement (other than equity for damages or any other relief, then such dispute or controversy arising from a violation or alleged violation by the Executive of the provisions of Section 7) shall be settled exclusively resolved only by final and bindi...ng arbitration in Denver, Colorado, pursuant to the Federal Arbitration Act and in accordance with the Employment American Arbitration Rules of Association rules then in effect, conducted by a single neutral arbitrator and administered by the American Arbitration Association ("AAA"). in a location mutually agreed upon by the parties. The arbitrator arbitrator's award shall be selected by mutual agreement final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns this Agreement, the parties, if possible. If the parties fail to reach agreement upon appointment of an arbitrator within thirty days following receipt by one prevailing party of the other party's notice of desire to arbitrate, the arbitrator shall be selected from entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to this Agreement or any disputes arising as a panel result of this Agreement, whether directly or panels indirectly, including Tort claims that are a result of persons submitted this Agreement. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the AAA. The selection process Arbitrator. This arbitration provision shall be that which is set forth in survive the AAA Employment Arbitration Rules then prevailing, except that, if the parties fail to select an arbitrator from one or more panels, AAA shall not have the power to make an appointment but shall continue to submit additional panels until an arbitrator has been selected. This agreement to arbitrate shall not preclude the parties from engaging in voluntary, non-binding settlement efforts including mediation. 9 9. Notices. All notices termination of this Agreement. _______________Buyer Initial _______________Seller Initial 14. Costs and other communications hereunder shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person, by registered or certified mail (return receipt requested and with postage prepaid thereon) or by facsimile transmission Expenses. Except as expressly provided to the respective parties at the following addresses (or at such other address as either contrary in this Agreement, each party shall have previously furnished pay all of its own costs and expenses incurred with respect to the other in accordance with the terms of this Section ): if to the Company: Global Healthcare REIT Attn: Board of Directors/Compensation Committee Chairman 6800 North 79th St. Suite 200 Niwot, CO 80503 if to the Executive: Zvi Rhine _____________________________ _____________________________ 10. Amendment; Waiver. The terms negotiation, execution and provisions delivery of this Agreement may be modified or amended only by a written instrument executed by each of and the parties hereto, and compliance with the terms and provisions hereof may be waived only by a written instrument executed by each party entitled to the benefits thereof. No failure or delay on the part of any party in exercising any right, power or privilege granted hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege granted hereunder. exhibits hereto. View More
Arbitration. Any dispute Bakkt shall have the right to obtain an injunction or controversy other equitable relief arising under or in connection with this Agreement (other than any dispute or controversy arising from a violation or alleged violation by the Executive out of Executive's breach of the provisions of Section 7) 9 of this Employment Agreement. However, any other controversy or claim arising out of or relating to this Employment Agreement or any alleged breach of this Employment Agreement, or any o...ther claim arising out of or relating to Executive's employment by Bakkt, shall be settled exclusively by final and binding arbitration in Denver, Colorado, Atlanta, Georgia in accordance with the Employment Arbitration Rules rules of the American Arbitration Association ("AAA"). then applicable to employment-related disputes, and a judgment upon the arbitration award may be entered by any court of competent jurisdiction. The arbitration shall be conducted by a single arbitrator selected in accordance with the applicable rules of the American Arbitration Association. The arbitrator shall be selected by mutual agreement empowered to award any category of damages that would be available to the parties under applicable law. Bakkt shall be responsible for paying the reasonable fees of the parties, if possible. If arbitrator, unless the fees are otherwise allocated by the arbitrator consistent with applicable law. 13 Initials of the parties fail to reach agreement upon appointment of an arbitrator within thirty days following receipt by one party of the other party's notice of desire to arbitrate, the arbitrator shall be selected from a panel or panels of persons submitted by the AAA. The selection process shall be that which is set forth in the AAA Employment Arbitration Rules then prevailing, except that, if the parties fail to select an arbitrator from one or more panels, AAA shall not have the power to make an appointment but shall continue to submit additional panels until an arbitrator has been selected. This agreement to arbitrate shall not preclude the parties from engaging in voluntary, non-binding settlement efforts including mediation. 9 9. Notices. All notices and other communications hereunder shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person, by registered or certified mail (return receipt requested and with postage prepaid thereon) or by facsimile transmission expressly assenting to the respective parties at the following addresses (or at such other address as either party arbitration provision in Section 16: ______________________________ Executive's initials ______________________________ Initials of Bakkt representative 17. Executive's Legal Fees and Expenses. Bakkt shall have previously furnished to the other in accordance with no obligation under the terms of this Employment Agreement to reimburse Executive for any of Executive's legal fees and expenses for any claims under this Employment Agreement that are unrelated to a Change in Control. Bakkt shall reimburse Executive for Executive's reasonable legal fees and expenses incurred in connection with any claim made with respect to Executive's rights under Section ): 7(c); provided, that such reimbursement shall be subject to recoupment by Bakkt if Executive's claim is found to the Company: Global Healthcare REIT Attn: Board of Directors/Compensation Committee Chairman 6800 North 79th St. Suite 200 Niwot, CO 80503 if to the Executive: Zvi Rhine _____________________________ _____________________________ 10. Amendment; Waiver. The terms and provisions of this Agreement may be modified or amended only by a written instrument executed by each of the parties hereto, and compliance with the terms and provisions hereof may be waived only by a written instrument executed by each party entitled to the benefits thereof. No failure or delay on the part of any party have been brought in exercising any right, power or privilege granted hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege granted hereunder. bad faith. View More
Arbitration. Any dispute Bakkt shall have the right to obtain an injunction or controversy other equitable relief arising under or in connection with this Agreement (other than any dispute or controversy arising from a violation or alleged violation by the Executive out of Executive's breach of the provisions of Section 7) 9 of this Employment Agreement. However, any other controversy or claim arising out of or relating to this Employment Agreement or any alleged breach of this Employment Agreement, or any o...ther claim arising out 13 of or relating to Executive's employment by Bakkt, shall be settled exclusively by final and binding arbitration in Denver, Colorado, Atlanta, Georgia in accordance with the Employment Arbitration Rules rules of the American Arbitration Association ("AAA"). then applicable to employment-related disputes, and a judgment upon the arbitration award may be entered by any court of competent jurisdiction. The arbitration shall be conducted by a single arbitrator selected in accordance with the applicable rules of the American Arbitration Association. The arbitrator shall be selected by mutual agreement empowered to award any category of damages that would be available to the parties under applicable law. Bakkt shall be responsible for paying the reasonable fees of the parties, if possible. If arbitrator, unless the fees are otherwise allocated by the arbitrator consistent with applicable law. Initials of the parties fail to reach agreement upon appointment of an arbitrator within thirty days following receipt by one party of the other party's notice of desire to arbitrate, the arbitrator shall be selected from a panel or panels of persons submitted by the AAA. The selection process shall be that which is set forth in the AAA Employment Arbitration Rules then prevailing, except that, if the parties fail to select an arbitrator from one or more panels, AAA shall not have the power to make an appointment but shall continue to submit additional panels until an arbitrator has been selected. This agreement to arbitrate shall not preclude the parties from engaging in voluntary, non-binding settlement efforts including mediation. 9 9. Notices. All notices and other communications hereunder shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person, by registered or certified mail (return receipt requested and with postage prepaid thereon) or by facsimile transmission expressly assenting to the respective parties at the following addresses (or at such other address as either party arbitration provision in Section 16: ______________________________ Executive's initials ______________________________ Initials of Bakkt representative 17. Executive's Legal Fees and Expenses. Bakkt shall have previously furnished to the other in accordance with no obligation under the terms of this Employment Agreement to reimburse Executive for any of Executive's legal fees and expenses for any claims under this Employment Agreement that are unrelated to a Change in Control. Bakkt shall reimburse Executive for Executive's reasonable legal fees and expenses incurred in connection with any claim made with respect to Executive's rights under Section ): 7(c); provided, that such reimbursement shall be subject to recoupment by Bakkt if Executive's claim is found to the Company: Global Healthcare REIT Attn: Board of Directors/Compensation Committee Chairman 6800 North 79th St. Suite 200 Niwot, CO 80503 if to the Executive: Zvi Rhine _____________________________ _____________________________ 10. Amendment; Waiver. The terms and provisions of this Agreement may be modified or amended only by a written instrument executed by each of the parties hereto, and compliance with the terms and provisions hereof may be waived only by a written instrument executed by each party entitled to the benefits thereof. No failure or delay on the part of any party have been brought in exercising any right, power or privilege granted hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege granted hereunder. bad faith. View More
Arbitration. Any dispute or controversy arising under or in connection with this Agreement (other than In the event of any dispute over the interpretation or controversy arising from a violation or alleged violation by operation of this Agreement, the Executive of parties agree to submit the provisions of Section 7) shall be settled exclusively by final and binding dispute to arbitration in Denver, Colorado, in accordance with ______________________ County, State of _____________ pursuant to the Employment C...ommercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitrator shall be selected by mutual agreement and to accept the award of the parties, if possible. If the parties fail to reach agreement upon appointment of an arbitrator within thirty days following receipt by one arbitrators as final and binding. The successful party of the other party's notice of desire to arbitrate, the arbitrator shall will be selected from a panel or panels of persons submitted by the AAA. The selection process shall be that which is set forth in the AAA Employment Arbitration Rules then prevailing, except that, if the parties fail to select an arbitrator from one or more panels, AAA shall not have the power to make an appointment but shall continue to submit additional panels until an arbitrator has been selected. This agreement to arbitrate shall not preclude the parties from engaging in voluntary, non-binding settlement efforts including mediation. 9 9. Notices. All notices awarded reasonable attorneys' fees, expenses and other communications hereunder shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person, by registered or certified mail (return receipt requested and with postage prepaid thereon) or by facsimile transmission to the respective parties at the following addresses (or at such other address as either party shall have previously furnished to the other in accordance with the terms of this Section ): if to the Company: Global Healthcare REIT Attn: Board of Directors/Compensation Committee Chairman 6800 North 79th St. Suite 200 Niwot, CO 80503 if to the Executive: Zvi Rhine _____________________________ _____________________________ 10. Amendment; Waiver. The terms and provisions of this Agreement may be modified or amended only by a written instrument executed by each of the parties hereto, and compliance with the terms and provisions hereof may be waived only by a written instrument executed by each party entitled to the benefits thereof. No failure or delay on the part of any party in exercising any right, power or privilege granted hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege granted hereunder. costs. View More
