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Agmt96 Lipman
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Agmt96 Lipman
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Last modified
7/5/2005 2:32:51 PM
Creation date
11/4/2004 1:58:24 PM
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Template:
Agreement
Contractor Name
Lipman
PROJECT NAME
TLC Dental
RMP File Number
304
Date
11/14/1996
Reso Ref
12938
Box
5858
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<br />Arbitration <br />1. The Contract Administrator and Employer hereby mutually agree that the sole remedy <br />for resolving any and all disputes arising with respect to or in connection with this <br />Agreement, including any disputes regarding the cancellation or rescission of this <br />Agreement, shall be arbitration as herein provided. <br />2. All issues for arbitration shall be referred to three disinterested arbitrators, one being <br />chosen by the Contract Administrator, one chosen by the Employer, and the third <br />chosen by the aforesaid arbitrators. In the event that the first two arbitrators so <br />chosen do not agree as to the third arbitrator within 30 days after both have been <br />appointed as arbitrators, the third arbitrator shall be chosen by the American <br />Arbitration Association. Should either party hereto fail to choose its arbitrator within <br />30 days after receipt of written notice from the other party requesting it to do so, the <br />requesting party shall name both arbitrators and they shall proceed in all respects as <br />above stipulated. Each party shall present its case to the arbitrators within 30 days <br />following the date of appointment of the third arbitrator. <br />3. Except as set forth in (4) below, the arbitrators should look to the substantive rules of <br />law of the State of California as the law governing this Agreement; however, the <br />arbitrators shall consider this Agreement on honorable engagement rather than merely <br />a legal obligation, and they are relieved of all judicial formalities and may abstain :ITom <br />following the strict rules of law. The decision and award of the majority of the <br />arbitrators shall be final and binding upon the Contract Administrator and the <br />Employer. Judgment may be entered upon the award of arbitrators in any Court <br />having jurisdiction. <br />4. The arbitrators shall be active or retired (i) insurance agents or (ii) officers of <br />insurance companies, and not under the control or management of either party to this <br />Agreement. Arbitration shall take place in San Francisco, California, unless the <br />Contract Administrator and the Employer agree otherwise. The United States Federal <br />Arbitration Act applies to this Section of the Agreement. <br />5. Each party shall bear the expense of its own chosen arbitrator, and shall jointly and <br />equally bear with the other the expense of the third arbitrator and of the arbitration. In <br />the event that the two arbitrators are chosen by one party, as above provided, the <br />expenses of all the arbitrators and the arbitration shall be equally divided between the <br />two parties. <br />6. This Provision concerning arbitration shall survive the termination, cancellation or <br />rescission of the Agreement. <br /> 5 <br /> ., <br />
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