Arbitration. Any dispute or claim concerning or arising out of this Agreement or the terms or conditions of this Agreement, including whether such dispute or claim may be arbitrated, will be settled solely by arbitration. The arbitration proceedings shall be conducted in Miami-Dade County, Florida before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time a demand for arbitration under the rules is made. The arbitrator shall be designated by the AAA; provided, that such arbitrator shall be a retired federal or state court judge with at least ten (10) years of substantive judicial expertise in the resolution of complex business disputes. The party commencing the arbitration shall be responsible for payment of all amounts required by AAA to commence the proceeding. The arbitrator shall be bound by and required to follow the applicable substantive law. Subject to the foregoing, the decision of the arbitrator, including determination of amount of any damages suffered, shall be exclusive, final, and binding on the parties. Nothing in this Agreement shall be deemed to give the arbitrator any authority, power, or right to alter, change, amend, modify, add to, or subtract from any of the provisions of this Agreement or to award to any Party any consequential, punitive, special, exemplary, or similar damages. The arbitrator shall issue a reasoned opinion (including findings of facts and conclusions of law) within thirty (30) days following the conclusion of all arbitration proceedings. The expenses of arbitrator and the arbitration (but not the fees and expenses of counsel of the parties or the fees for commencing the proceeding) shall be borne by the parties equally.
Section # Arbitration. Any disputeIf a dispute, controversy, or claim concerningarises out of or relates to this Agreement, or an alleged breach thereof, and if said dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute in an amicable manner by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Rules, before resorting to arbitration. If the matter has not been resolved pursuant to mediation within thirty (30) calendar days of the commencement of such mediation (which period may be extended by mutual agreement in writing), then any unresolved dispute, controversy, or claim arising out of this Agreement or the terms or conditions ofrelating to this Agreement, including whether such disputeits termination or claim may be arbitrated, willnon-renewal, or any breach thereof, shall be settled solely by arbitration. The arbitration proceedings shall be conducted in Miami-Dade County, Florida before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect atAAA, and judgment upon the time a demand for arbitration under the rules is made. The arbitrator shall be designatedaward rendered by the AAA; provided, that such arbitrator shallmay be a retired federal or stateentered in any court judge with at least ten (10) years of substantive judicial expertise in the resolution of complex business disputes.having jurisdiction thereof. The party commencing the arbitration shall be responsible for paymentconducted by a sole arbitrator or, at the election of all amounts required by AAA to commenceeither party, before a panel of three arbitrators. Selection of the proceeding. The arbitratorarbitrator(s) shall be boundin accordance with the Commercial Arbitration Rules of the AAA. The arbitrator(s) shall allow each party to conduct limited relevant discovery. The arbitrator(s) shall have no authority to award punitive damages or any damages not measured by the prevailing party’s actual damages, and required to follow the applicable substantive law. Subjectmay not, in any event, make any ruling, finding or award that does not conform to the foregoing, the decision of the arbitrator, including determination of amount of any damages suffered, shall be exclusive, final,terms and binding on the parties. Nothing in this Agreement shall be deemed to give the arbitrator any authority, power, or right to alter, change, amend, modify, add to, or subtract from any of the provisionsconditions of this Agreement or to award to any Party any consequential, punitive, special, exemplary, or similar damages. The arbitrator shall issue a reasoned opinion (including findings of facts and conclusions of law) within thirty (30) days following the conclusion of all arbitration proceedings. The expenses of arbitrator and the arbitration (but not theApplicable Laws. All fees and expenses of counsel of the parties or the fees for commencing the proceeding)arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of the arbitration matter. Any such arbitration shall be conducted in .
Arbitration. Any dispute or claim concerning orThe Parties agree that any and all disputes arising outin connection with this Agreement including, but not limited to, the validity of this Agreementprovision or the termsperformance by either Party of any obligations, commitments or conditionspromises hereunder, which cannot be resolved through good faith negotiations to the mutual satisfaction of both Parties within thirty (30) calendar days (or such longer period as may be mutually agreed upon by the Parties) after the complaining Party has notified the other Party of the complaint, shall be submitted to final and binding arbitration. Any such dispute, claim or disagreement subject to arbitration pursuant to the terms of this Agreement, including whether such dispute or claim may be arbitrated, will be settled solely by arbitration. The arbitration proceedingsparagraph shall be conducted in Miami-Dade County, Florida before a single arbitratorresolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”(the “AAA Rules”) in effect at the time a demand for arbitration under the rules is made. The. An arbitrator shall be designated by the AAA; provided,not have any authority to award consequential, exemplary or punitive damages. The Parties agree that such arbitrator shall be a retired federal or state court judge with at least ten (10) years of substantive judicial expertise in the resolution of complex business disputes. The party commencing the arbitration shall be responsible for payment of all amounts required by AAA to commence the proceeding. The arbitrator shall be bound by and required to follow the applicable substantive law. Subject to the foregoing, the decision of the arbitrator, including determination of amount of any damages suffered, shallarbitrator selected hereunder will be exclusive, final,final and binding on the parties. Nothing in this Agreementboth Parties. The place of arbitration shall be deemed, and each Party shall pay its individual costs and fees arising therefrom. Judgment upon the award resulting from arbitration may be entered in any court having jurisdiction for direct enforcement, or any application may be made to give the arbitrator any authority, power, or right to alter, change, amend, modify, add to, or subtract from anya court for a judicial acceptance of the provisionsaward and an order of this Agreement or to award to any Party any consequential, punitive, special, exemplary, or similar damages. The arbitrator shall issue a reasoned opinion (including findings of facts and conclusions of law) within thirty (30) days followingenforcement, as the conclusion of all arbitration proceedings. The expenses of arbitrator and the arbitration (but not the fees and expenses of counsel of the parties or the fees for commencing the proceeding) shall be borne by the parties equally.case may be.
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