Common use of The Decision Clause in Contracts

The Decision. The arbitration shall be conducted in the city or county within which the Premises are located at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the Parties according to the substantive laws and the terms and provisions of this Lease. The Arbitrator’s decision shall be based on the evidence introduced at the hearing, Including all logical and reasonable inferences therefrom, The Arbitrator may make any determination and/or grant any remedy or relief that is just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the court of applicable Jurisdiction, subject only to challenge on the grounds set forth in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1288.2). The validity and enforceability of the Arbitrator’s decision is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this Lease. The Arbitrator may award costs, including without limitation, Arbitrator’s fees and costs, attorneys’ fees, and expert and witness costs, to the prevailing party, if any as determined by the Arbitrator in his discretion. Whenever a matter which has been submitted to arbitration involves a dispute as to whether or not a particular act or omission (other than a failure to pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in the event that the Arbitrator determines that the Arbitration Notice was prepared in bad faith. Whenever a dispute arises between the Parties concerning whether or not the failure to make a payment of money constitutes a default, the service of an Arbitration Notice shall NOT toll the time period in which to pay the money. The Party allegedly obligated to pay the money may, however, elect to pay the money “under protest” by accompanying said payment with a written statement setting forth the reasons for such protest. If thereafter, the Arbitrator determines that the Party who received said money was not entitled to such payment, said money shall be promptly returned to the Party who paid such money under protest together with Interest thereon as defined in Paragraph 13.5. If a Party makes a payment “under protest” but no Notice of Arbitration is filed within thirty days, then such protest shall be deemed waived. (See also Paragraph 42 or 43) NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 000 X 0xx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. Telephone No. (000) 000-0000. Fax No.: (000) 000-0000. INITIA INITIA Newmark Cornish & Xxxxx First Addendum to Lease FIRST ADDENDUM TO THAT CERTAIN LEASE DATED MARCH 23, 2017 BY AND BETWEEN XXXXXXX X. XXXXXXX AS LESSOR (AKA LANDLORD) AND BRIDGEBIO, INC., A DELAWARE COMPANY AS LESSEE (AKA TENANT) FOR APPROXIMATELY 3,900 RENTABLE SQUARE FEET FREE STANDING BUILDING LOCATED AT 000 XXXXXXX XXXXXX (AKA 421-423), XXXX XXXX, XXXXXXXXXX 00000

Appears in 1 contract

Samples: Office Lease (BridgeBio Pharma, Inc.)

AutoNDA by SimpleDocs

The Decision. The arbitration shall be conducted in the city or county within which the Premises are located at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the Parties according to the substantive laws and the terms and provisions of this Lease. The Arbitrator’s 's decision shall be based on the evidence introduced at the hearing, Including including all logical and reasonable inferences therefrom, . The Arbitrator may make any determination and/or grant any remedy or relief that is just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the court of applicable Jurisdictionjurisdiction, subject only to challenge on the grounds set forth in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1288.21286.2). The validity and enforceability of the Arbitrator’s 's decision is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this Lease. The Arbitrator may award costs, including without limitation, Arbitrator’s 's fees and costs, attorneys' fees, and expert and witness costs, to the prevailing party, if any any, as determined by the Arbitrator in his discretion. Whenever Where a matter which has been submitted to arbitration involves a dispute as to whether or not a particular act or omission (other than a failure to pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that ????? at the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in the event that the Arbitrator determines that the Arbitration Notice was prepared in bad faith. Whenever a dispute arises between the Parties concerning whether or not the failure to make a payment of money constitutes a default, the service of an Arbitration Notice shall NOT toll the time period in which to pay the money. The Party allegedly obligated to pay the money may, however, elect to pay the money "under protest" by accompanying said payment with a written statement setting forth the reasons for such protest. If thereafter, the Arbitrator determines that the Party who received said money was not entitled to such payment, said money shall be promptly returned to the Party who paid such money under protest together with Interest interest thereon as defined in Paragraph 13.5. If a Party makes a payment "under protest" but no Notice of Arbitration is filed within thirty days, then such protest shall be deemed waived. (See also Paragraph 42 or 43) NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 000 X 0xx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. Telephone No. (000) 000-0000. Fax No.: (000) 000-0000. INITIA INITIA Newmark Cornish & Xxxxx First Addendum to Lease FIRST ADDENDUM TO THAT CERTAIN LEASE DATED MARCH 23, 2017 BY AND BETWEEN XXXXXXX X. XXXXXXX AS LESSOR (AKA LANDLORD) AND BRIDGEBIO, INC., A DELAWARE COMPANY AS LESSEE (AKA TENANT) FOR APPROXIMATELY 3,900 RENTABLE SQUARE FEET FREE STANDING BUILDING LOCATED AT 000 XXXXXXX XXXXXX (AKA 421-423), XXXX XXXX, XXXXXXXXXX 00000

Appears in 1 contract

Samples: Arbitration Agreement (MRV Communications Inc)

The Decision. The arbitration shall be conducted in the city or county within which the Premises are located at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the Parties according to the substantive laws and the terms and provisions of this Lease. The Arbitrator’s decision shall be based on the evidence introduced at the hearing, Including including all logical and reasonable inferences therefrom, . The Arbitrator may make any determination and/or grant any remedy or relief that is just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the court of applicable Jurisdictionjurisdiction, subject only to challenge on the grounds set forth in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1288.21286.2). The validity and enforceability of the Arbitrator’s decision is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this Lease. The Arbitrator may award costs, including without limitation, Arbitrator’s fees and costs, attorneys’ fees, and expert and witness costs, to the prevailing party, if any any, as determined by the Arbitrator in his discretion. Whenever a matter which has been submitted to arbitration involves a dispute as to whether or not a particular act or omission (other than a failure to pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in the event that the Arbitrator determines that the Arbitration Notice was prepared in bad faith. Whenever a dispute arises between the Parties concerning whether or not the failure to make a payment of money constitutes a default, the service of an Arbitration Notice shall NOT toll the time period in which to pay the money. The Party allegedly obligated to pay the money may, however, elect to pay the money “under protest” by accompanying said payment with a written statement setting forth the reasons for such protest. If thereafter, the Arbitrator determines that the Party who received said money was not entitled to such payment, said money shall be promptly returned to the Party who paid such money under protest together with Interest thereon as defined in Paragraph 13.5. If a Party makes a payment “under protest” but no Notice of Arbitration is filed within thirty days, then such protest shall be deemed waived. (See also Paragraph 42 or 43) AIR CRE * hxxxx://xxx.xxxxxx.xxx * 213-687-8777 * cxxxxxxxx@xxxxxx.xxx NOTICE: These forms are often modified to meet changing requirements No part of law and industry needsthese works may be reproduced in any form without permission in writing. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 000 X 0xx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. Telephone No. (000) 000Submersible Systems-7413 Sxxxxx Avenue-0000. Fax No.: (000) 000-0000. INITIA INITIA Newmark Cornish & Xxxxx First Addendum to Gross Lease FIRST ADDENDUM TO THAT CERTAIN LEASE DATED MARCH 23, 2017 BY AND BETWEEN XXXXXXX X. XXXXXXX AS LESSOR (AKA LANDLORD) AND BRIDGEBIO, INC., A DELAWARE COMPANY AS LESSEE (AKA TENANT) FOR APPROXIMATELY 3,900 RENTABLE SQUARE FEET FREE STANDING BUILDING LOCATED AT 000 XXXXXXX XXXXXX (AKA 421-423), XXXX XXXX, XXXXXXXXXX 00000GUARANTY OF LEASE

Appears in 1 contract

Samples: Arbitration Agreement (Brownie's Marine Group, Inc)

The Decision. The arbitration shall be conducted in the city or county within which the Premises are located at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the Parties according to the substantive laws and the terms and provisions of this Lease. The Arbitrator’s decision shall be based on the evidence introduced at the hearing, Including including all logical and reasonable inferences therefrom, . The Arbitrator may make any determination and/or grant any remedy or relief that is just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the court of applicable Jurisdictionjurisdiction, subject only to challenge on the grounds set forth in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1288.21286.2). The validity and enforceability of the Arbitrator’s decision is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this Lease. The Arbitrator may award costs, including without limitation, Arbitrator’s fees and costs, attorneys’ fees, and expert and witness costs, to the prevailing party, if any any, as determined by the Arbitrator in his discretion. Whenever a matter which has been submitted to arbitration involves a dispute as to whether or not a particular act or omission (other than a failure to pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in the event that the Arbitrator determines that the Arbitration Notice was prepared in bad faith. Whenever a dispute arises between the Parties concerning whether or not the failure to make a payment of money constitutes a default, the service of an Arbitration Notice shall NOT toll the time period in which to pay the money. The Party allegedly obligated to pay the money may, however, elect to pay the money “under protest” by accompanying said payment with a written statement setting forth the reasons for such protest. If thereafter, the Arbitrator determines that the Party who received said money was not entitled to such payment, said money shall be promptly returned to the Party who paid such money under protest together with Interest thereon as defined in Paragraph 13.5. If a Party makes a payment “under protest” but no Notice of Arbitration is filed within thirty days, then such protest shall be deemed waived. (See also Paragraph 42 or 43) NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 000 X 0xx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. Telephone No. (000) 000-0000. Fax No.: (000) 000-0000. INITIA INITIA Newmark Cornish & Xxxxx First Addendum to Lease FIRST ADDENDUM TO THAT CERTAIN LEASE DATED MARCH 23, 2017 BY AND BETWEEN XXXXXXX X. XXXXXXX AS LESSOR (AKA LANDLORD) AND BRIDGEBIO, INC., A DELAWARE COMPANY AS LESSEE (AKA TENANT) FOR APPROXIMATELY 3,900 RENTABLE SQUARE FEET FREE STANDING BUILDING LOCATED AT 000 XXXXXXX XXXXXX (AKA 421-423), XXXX XXXX, XXXXXXXXXX 00000

Appears in 1 contract

Samples: Arbitration Agreement (Accuride Corp)

The Decision. The arbitration shall be conducted in the city or county within which the Premises are located at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the Parties according to the substantive laws and the terms and provisions of this Lease. The Arbitrator’s decision shall be based on the evidence introduced at the hearing, Including including all logical and reasonable inferences therefrom, . The Arbitrator may make any determination and/or grant any remedy or relief that is just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the court of applicable Jurisdictionjurisdiction, subject only to challenge on the grounds set forth in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1288.21286.2). The validity and enforceability of the Arbitrator’s decision is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this Lease. The Arbitrator may award costs, including without limitation, Arbitrator’s fees and costs, attorneys’ fees, and expert and witness costs, to the prevailing party, if any any, as determined by the Arbitrator in his discretion. Whenever a matter which has been submitted to arbitration involves a dispute as to whether or not a particular act or omission (other than a failure to pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in the event that the Arbitrator determines that the Arbitration Notice was prepared in bad faith. Whenever a dispute arises between the Parties concerning whether or not the failure to make a payment of money constitutes a default, the service of an Arbitration Notice shall NOT toll the time period in which to pay the money. The Party allegedly obligated to pay the money may, however, elect to pay the money “under protest” by accompanying said payment with a written statement setting forth the reasons for such protest. If thereafter, the Arbitrator determines that the Party who received said money was not entitled to such payment, said money shall be promptly returned to the Party who paid such money under protest together with Interest thereon as defined in Paragraph 13.5. If a Party makes a payment “under protest” but no Notice of Arbitration is filed within thirty days, then such protest shall be deemed waived. (See also Paragraph 42 or 43) AIR CRE * hxxxx://xxx.xxxxxx.xxx * 213-687-8777 * cxxxxxxxx@xxxxxx.xxx NOTICE: These forms are often modified to meet changing requirements No part of law and industry needsthese works may be reproduced in any form without permission in writing. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 000 X 0xx Submersible Systems-7000 Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. Telephone No. (000) 000-0000. Fax No.: (000) 000-0000. INITIA INITIA Newmark Cornish & Xxxxx First Addendum to Gross Lease FIRST ADDENDUM TO THAT CERTAIN LEASE DATED MARCH 23, 2017 BY AND BETWEEN XXXXXXX X. XXXXXXX AS LESSOR (AKA LANDLORD) AND BRIDGEBIO, INC., A DELAWARE COMPANY AS LESSEE (AKA TENANT) FOR APPROXIMATELY 3,900 RENTABLE SQUARE FEET FREE STANDING BUILDING LOCATED AT 000 XXXXXXX XXXXXX (AKA 421-423), XXXX XXXX, XXXXXXXXXX 00000GUARANTY OF LEASE

Appears in 1 contract

Samples: Arbitration Agreement (Brownie's Marine Group, Inc)

The Decision. The arbitration shall be conducted in In the city or county within which the Premises are located at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the Parties according to the substantive laws and the terms and provisions of this Lease. The Arbitrator’s decision shall be based on the evidence introduced at Introduced al the hearing, Including including all logical and reasonable inferences therefrom, . The Arbitrator may make any determination and/or grant any remedy or relief that is just Is Just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the court of applicable Jurisdictionjurisdiction, subject only to challenge on the grounds set forth in In the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1288.21286.2). The validity and enforceability of the Arbitrator’s decision is Is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this Lease. The Arbitrator may award costs, including without limitation, Arbitrator’s fees and costs, attorneys’ fees, and expert and witness costs, to the prevailing party, if any If any, as determined by the Arbitrator in In his discretion. Whenever a matter which has been submitted to arbitration involves a dispute as to whether or not a particular act or omission (other than a failure to pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in In the event that the Arbitrator determines that the Arbitration Notice was prepared in bad faith. Whenever a dispute arises between the Parties concerning whether or not the failure to make a payment of money constitutes a default, the service of an Arbitration Notice shall NOT toll the time period in which to pay the money. The Party allegedly obligated to pay the money may, however, elect to pay the money “under protest* by accompanying said payment with a written statement setting forth the reasons for such protest. If thereafter, the Arbitrator determines that the Party who received said money was not entitled to such payment, said money shall be promptly returned to the Party who paid such money under protest together with Interest thereon as defined in In Paragraph 13.5. If a Party makes a payment “under protest” but no Notice of Arbitration is Is filed within thirty days, then such protest shall be deemed waived. (See also Paragraph 42 or 43) NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call us to make sure you are utilizing the most current form: ; AIR Commercial Real Estate Association, 000 X 0xx 700 Xxxxx Xxxxxx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. , Telephone No. .: (000) 000-0000. Fax No.: (000) 000-0000. INITIA INITIA Newmark Cornish & Xxxxx First Addendum ADDENDUM to Lease FIRST ADDENDUM TO THAT CERTAIN LEASE DATED MARCH 23Standard Industrial/Commercial Multi-Tenant Lease--Net dated for reference purposes only, 2017 March 15. 2004 for the property located at 2000 Xxxx Xxxxxxxxx Xxxx.. Xxxxxxxxx. Xxxxxxxxxx 00000 by and between JXXXX XXXXXXXXX. LLC (Lessor) and DISTRIBUTION BY AND BETWEEN XXXXXXX X. XXXXXXX AS LESSOR AIR. a DBA DISTRIBUTION SERVICES. INC. COMPANY (AKA LANDLORD) AND BRIDGEBIO, INC., A DELAWARE COMPANY AS LESSEE (AKA TENANT) FOR APPROXIMATELY 3,900 RENTABLE SQUARE FEET FREE STANDING BUILDING LOCATED AT 000 XXXXXXX XXXXXX (AKA 421-423Lessee), XXXX XXXXAddendum 51. Payment of Rent All rentals payments, XXXXXXXXXX including but not limited to Base Rent, Rent Escalations, Common Area Charges, Real Estate Tax and Insurance Reimbursements (as applicable) shall be made payable and sent to: JXXXX XXXXXXXXX, LLC c/o Kamey Management Company P. O. Bxx 00000 Xxx Xxxxxxx, XX 00000-0000 Addendum 52. Rent-Free Occupancy Lessee shall be granted occupancy of the Premises effective May 01, 2004. Lessee shall not be obligated for the payment of Base Rent, Common Area Maintenance, Real Property Taxes nor reimbursing Lessor for Insurance for the Premises from May 01, 2004, through July 31, 2004. However, Lessee shall have Lessee's insurance in place per the terms of this Lease prior to occupancy and Lessee shall be responsible for all utilities effective May 0l, 2004.

Appears in 1 contract

Samples: Lease (Radiant Logistics, Inc)

The Decision. The arbitration shall be conducted in the city or county within which the Premises are located at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the Parties according to the substantive laws and the terms and provisions of this Lease. The Arbitrator’s 's decision shall be based on the evidence introduced at the hearing, Including including all logical and reasonable inferences therefrom, . The Arbitrator may make any determination and/or grant any remedy or relief that is just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it if may thereafter be confirmed as a judgment by the court of applicable Jurisdictionjurisdiction, subject only to challenge on the grounds set forth in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1288.21286.2). The validity and enforceability of the Arbitrator’s 's decision is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this Lease. The Arbitrator may award costs, including without limitation, Arbitrator’s 's fees and costs, attorneys’ attorney's fees, and expert and witness costs, to the prevailing party, if any any, as determined by the Arbitrator in his discretion. Whenever a matter which has been submitted to arbitration Arbitration involves a dispute as to whether or not a particular act or omission (other than a failure to 14 pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in the event that the Arbitrator determines that the Arbitration Notice was prepared in bad faith. Whenever a dispute arises between the Parties concerning whether or not the failure to make a payment of money constitutes a default, the service of an Arbitration Notice shall NOT toll the time period in which to pay the money. The Party allegedly obligated to pay the money may, however, elect to pay the money “under protest” by accompanying said payment with a written statement setting forth the reasons for such protest. If thereafter, the Arbitrator determines that the Party who received said money was not entitled to such payment, said money shall be promptly returned to the Party who paid such money under protest together with Interest thereon as defined in Paragraph 13.5. If a Party makes a payment “under protest” but no Notice of Arbitration is filed within thirty days, then such protest shall be deemed waived. (See also Paragraph 42 or 43) NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 000 X 0xx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. Telephone No. (000) 000-0000. Fax No.: (000) 000-0000. INITIA INITIA Newmark Cornish & Xxxxx First Addendum to Lease FIRST ADDENDUM TO THAT CERTAIN LEASE DATED MARCH 23, 2017 BY AND BETWEEN XXXXXXX X. XXXXXXX AS LESSOR (AKA LANDLORD) AND BRIDGEBIO, INC., A DELAWARE COMPANY AS LESSEE (AKA TENANT) FOR APPROXIMATELY 3,900 RENTABLE SQUARE FEET FREE STANDING BUILDING LOCATED AT 000 XXXXXXX XXXXXX (AKA 421-423), XXXX XXXX, XXXXXXXXXX 00000

Appears in 1 contract

Samples: Arbitration Agreement (Luminent Inc)

AutoNDA by SimpleDocs

The Decision. The arbitration shall be conducted in the city or county within which the Premises are located at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the Parties according to the substantive laws and the terms and provisions of this Lease. The Arbitrator’s 's decision shall be based on the evidence introduced at the hearing, Including including all logical and reasonable inferences therefrom, . The Arbitrator may make any determination and/or grant any remedy or relief that is just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it may thereafter thereaGer be confirmed as a judgment by the court of applicable Jurisdictionjurisdiction, subject only to challenge on the grounds set forth in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1288.21286.2). The validity and enforceability of the Arbitrator’s 's decision is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this Lease. The Arbitrator may award costs, including without limitation, Arbitrator’s 's fees and costs, attorneys' fees, and expert and witness costs, to the prevailing party, if any any, as determined by the Arbitrator in his discretion. Whenever a matter which has been submitted to arbitration involves a dispute as to whether or not a particular act or omission (other than a failure to pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in the event that the Arbitrator determines that the Arbitration Notice was prepared in bad faith. Whenever a dispute arises between the Parties concerning whether or not the failure to make a payment of money constitutes a default, the service of an Arbitration Notice shall NOT toll the time period in which to pay the money. The Party allegedly obligated to pay the money may, however, elect to pay the money "under protest" by accompanying said payment with a written statement setting forth the reasons for such protest. If thereafterthereaGer, the Arbitrator determines that the Party who received said money was not entitled to such payment, said money shall be promptly returned to the Party who paid such money under protest together with Interest thereon as defined in Paragraph 13.5. If a Party makes a payment "under protest" but no Notice of Arbitration is filed within thirty days, then such protest shall be deemed waived. (See also Paragraph 42 or 43) AIR CRE * h†ps://xxx.xxxxxx.xxx * 213‐687‐8777 * xxxxxxxxx@xxxxxx.xxx NOTICE: These forms are often modified to meet changing requirements No part of law and industry needsthese works may be reproduced in any form without permission in writing. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 000 X 0xx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. Telephone No. (000) 000-0000. Fax No.: (000) 000-0000. INITIA INITIA Newmark Cornish & Xxxxx First Addendum to Lease FIRST ADDENDUM TO THAT CERTAIN LEASE DATED MARCH 23, 2017 BY AND BETWEEN XXXXXXX X. XXXXXXX AS LESSOR (AKA LANDLORD) AND BRIDGEBIO, INC., A DELAWARE COMPANY AS LESSEE (AKA TENANT) FOR APPROXIMATELY 3,900 RENTABLE SQUARE FEET FREE STANDING BUILDING LOCATED AT 000 XXXXXXX XXXXXX (AKA 421-423), XXXX XXXX, XXXXXXXXXX 00000GUARANTY OF LEASE

Appears in 1 contract

Samples: images4.showcase.com

The Decision. The arbitration shall be conducted in the city or county within which the Premises are located at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the Parties according to the substantive laws and the terms and provisions of this Lease. The Arbitrator’s 's decision shall be based on the evidence introduced at the hearing, Including including all logical and reasonable inferences therefrom, . The Arbitrator may make any determination and/or grant any remedy or relief that is just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the court of applicable Jurisdictionjurisdiction, subject only to challenge on the grounds set forth in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1288.21286.2). The validity and enforceability of the Arbitrator’s 's decision is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this Lease. The Arbitrator may award costs, including without limitation, Arbitrator’s 's fees and costs, attorneys' fees, and expert and witness costs, to the prevailing party, if any any, as determined by the Arbitrator in his discretion. Whenever a matter which has been submitted to arbitration involves a dispute as to whether or not a particular act or omission (other than a failure to pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in the event that the Arbitrator determines that the Arbitration Notice was prepared in bad faith. Whenever a dispute arises between the Parties concerning whether or not the failure to make a payment of money constitutes a default, the service of an Arbitration Notice shall NOT toll the time period in which to pay the money. The Party allegedly obligated to pay the money may, however, elect to pay the money "under protest" by accompanying said payment with a written statement setting forth the reasons for such protest. If thereafter, the Arbitrator determines that the Party who received said money was not entitled to such payment, said money shall be promptly returned to the Party who paid such money under protest together with Interest thereon as defined in Paragraph 13.5. If a Party makes a payment "under protest" but no Notice of Arbitration is filed within thirty days, then such protest shall be deemed waived. (See also Paragraph 42 or 43) NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 000 X 0xx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. Telephone No. (000) 000-0000. Fax No.: (000) 000-0000. INITIA INITIA Newmark Cornish & Xxxxx First Addendum to Lease FIRST ADDENDUM TO THAT CERTAIN LEASE DATED MARCH 23, 2017 BY AND BETWEEN XXXXXXX X. XXXXXXX AS LESSOR (AKA LANDLORD) AND BRIDGEBIO, INC., A DELAWARE COMPANY AS LESSEE (AKA TENANT) FOR APPROXIMATELY 3,900 RENTABLE SQUARE FEET FREE STANDING BUILDING LOCATED AT 000 XXXXXXX XXXXXX (AKA 421-423), XXXX XXXX, XXXXXXXXXX 00000

Appears in 1 contract

Samples: Arbitration Agreement (Digital Entertainment Network Inc)

The Decision. The arbitration shall be conducted in the city or county within which the Premises are located at a reasonably convenient site. Any Party may be represented by counsel or other authorized representative. In rendering a decision(s), the Arbitrator shall determine the rights and obligations of the ofthe Parties according to the substantive laws and the terms and provisions of this Lease. The Arbitrator’s 's decision shall be based on the evidence introduced Introduced at the hearing, Including all logical and reasonable inferences therefrom, . The Arbitrator may make any determination and/or grant any remedy or relief that is just and equitable. The decision must be based on, and accompanied by, a written statement of decision explaining the factual and legal basis for the decision as to each of the principal controverted issues. The decision shall be conclusive and binding, and it may thereafter be confirmed as a judgment by the court of applicable Jurisdictionjurisdiction, subject only to challenge on the grounds set forth in the applicable statutory or case law (e.g., in California Code of Civil Procedure Section 1288.21286.2). The validity and enforceability of the Arbitrator’s 's decision is to be determined exclusively by the court of appropriate jurisdiction pursuant to the provisions of this Lease. The Arbitrator may award costs, including without limitation, Arbitrator’s Arbitrators fees and costs, attorneys' fees, and expert and witness costs, to the prevailing party, if any any, as determined by the Arbitrator in his discretion. Whenever a matter which has been submitted to arbitration involves a dispute as to whether or not riot a particular act or omission (other than a failure to pay money) constitutes a Default, the time to commence or cease such action shall be tolled from the date that the Notice of Arbitration is served through and until the date the Arbitrator renders his or her decision. Provided, however, that this provision shall NOT apply in In the event that the Arbitrator determines that the Arbitration Notice was prepared in In bad faith. Whenever a dispute arises between the Parties concerning whether or not the failure to make a payment of money constitutes a default, the service of an Arbitration Notice shall NOT toll the time period in which to pay the money. The Party allegedly obligated to pay the money may, however, elect to pay the money " under protest” protest by accompanying said payment with a written statement setting forth the reasons for such protest. If thereafter, the Arbitrator determines that the Party who received said money was not entitled to such payment, said money shall be promptly returned to the Party who paid such money under protest together with Interest thereon as defined in In Paragraph 13.5. If a Party makes a payment "under protest" but no Notice of Arbitration is filed within thirty days, then such protest shall be deemed waived. (See also Paragraph 42 or 43) NOTICE: These forms are often modified to meet changing requirements of law and industry needs. Always write or call to make sure you are utilizing the most current form: AIR Commercial Real Estate Association, 000 X 0xx Xxxxxx, Xxxxx 000, Xxx Xxxxxxx, XX 00000. Telephone No. (000) 000-0000. Fax No.: (000) 000-0000. INITIA INITIA Newmark Cornish & Xxxxx First Addendum to Lease FIRST ADDENDUM TO THAT CERTAIN LEASE DATED MARCH 23, 2017 BY AND BETWEEN XXXXXXX X. XXXXXXX AS LESSOR (AKA LANDLORD) AND BRIDGEBIO, INC., A DELAWARE COMPANY AS LESSEE (AKA TENANT) FOR APPROXIMATELY 3,900 RENTABLE SQUARE FEET FREE STANDING BUILDING LOCATED AT 000 XXXXXXX XXXXXX (AKA 421-423), XXXX XXXX, XXXXXXXXXX 00000

Appears in 1 contract

Samples: Relocation Agreement (Tangible Asset Gallaries Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.