My WebLink
|
Help
|
About
|
Sign Out
14
City of Pleasanton
>
CITY CLERK
>
AGENDA PACKETS
>
2010
>
092110
>
14
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
9/15/2010 12:50:34 PM
Creation date
9/15/2010 12:49:08 PM
Metadata
Fields
Template:
CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/21/2010
DESTRUCT DATE
15Y
DOCUMENT NO
14
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
23
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Exhibit "C" <br />Arbitration Agreement <br />The Parties hereby agree that. in order to obtain prompt and expeditious resolution of any <br />disputes under the I loliday Rink License Agreement, each claim, dispute or controversy of <br />whatever nature. arising out of, in connection with, or in relation to the interpretation, <br />performance or breach of this Holiday Ice License Agreement, including without limitation any <br />claim based on contract, tort or statute, or the arhitrability of any claim hereunder (an "Arbitrable <br />Claim "), shall be settled by final and binding arbitration. All such Arbitrable Claims shall be <br />settled in accordance with the Commercial Arbitration Rules then in effect of the American <br />Arbitration Association as such rules may be in effect on the date any claim is made. The <br />arbitration shall be conducted by one arbitrator selected from a panel provided by the American <br />Arbitration Association, one (1) selected by Licensor, and one (1) selected by Licensee. Such <br />arbitrator may not have any preexisting, direct or indirect relationship with any party to the <br />dispute. The arbitration shall be held in Alameda County, California. The arbitrators. in <br />rendering the decision as to any state law claims, shall apply the laws of the State of California <br />without regard to the application of principles of conflicts of law. Each party hereto expressly <br />consents to, and waives any flame objections to, such forum and arbitration rules. Judgment <br />upon any award may he entered by any state or federal court having jurisdiction thereof. Except <br />as required by law, neither party nor the arbitrators shall disclose the existence, content, or results <br />of any arbitration hereunder without the prior written consent of all parties. Except as provided <br />herein, the Federal Arbitration Act shall govern the interpretation, enforcement and all procedures <br />pursuant to this Exhibit "C`. <br />Adherence to this dispute resolution process shall not limit the right of the parties hereto <br />to obtain any provisional remedy, including without limitation, injunctive or similar relief, from <br />any court of competent jurisdiction as may be necessary to protect their respective rights and <br />interests pending arbitration. Notwithstanding the foregoing sentence, this dispute resolution <br />procedure is intended to be the exclusive method of resolving any Arbitrable Claims arising out <br />of or relating to this Holiday Rink License Agreement. <br />The arbitration procedures shall follow the substantive law of the State of California, <br />including the provisions of statutory law dealing with arbitration, as it may exist at the time of <br />demand for arbitration. insofar as said provisions are not in conflict with this Agreement and <br />specifically' excepting therefrom sections of any such statute dealing with discovery and sections <br />requiring notice of the hearing date by registered or certified mail. <br />The Arbitrator shall determine the prevailing party and shall include in their award that <br />party's reasonable attorneys' fees and costs. <br />Notwithstanding any provision of this I loliday Rink license Agreement to the contray, <br />either party hereto (or both parties jointly) may elect to submit to arbitration (a) a dispute arising <br />under this Exhibit "C' hereof as to whether a party is in default or noncom p1 iance wvrth the terms <br />of this 1 loliday Rink License Agreement . or ( h) where the parties have been unable to mutually <br />agree as required or contemplated under this Holiday Rink License Agreement or (c) where one <br />15 <br />
The URL can be used to link to this page
Your browser does not support the video tag.