Common use of Applicable Clauses Clause in Contracts

Applicable Clauses. In any instance where this Lease expressly 5 provides, or the parties otherwise agree, that a dispute with respect to a specific matter may be 6 submitted to arbitration, then either party may submit such dispute for resolution by arbitration in The 7 City of New York in accordance with the Expedited Procedures provisions of the JAMS 8 Comprehensive Arbitration Rules and Procedures, as amended from time to time (collectively, the 9 "JAMS Rules"), except to the extent modified by the terms of this Article; provided, however, that 10 with respect to any such arbitration, (i) except as expressly set forth in Article 31 of this Lease, the 11 arbitrator shall have no right to award damages; (ii) the decision and award of the arbitrator shall be 12 final and conclusive on the parties; (iii) a single arbitrator designated in accordance with the JAMS 13 Rules shall resolve all disputes submitted to arbitration other than disputes under this Lease in which 14 three (3) arbitrators are required pursuant to the express provisions of this Lease; and (iv) with respect 15 to disputes under this Lease in which three (3) arbitrators are required pursuant to the express 16 provisions of this Lease, each party shall, on the date it submits such dispute to arbitration, select and 17 appoint (in its sole and absolute discretion) one arbitrator to act as its designee in accordance with the 18 JAMS Rules and the two party-designated arbitrators shall jointly select the third arbitrator consistent 19 with JAMS Rule 15 (where applicable in this Article 25 to account for an arbitration with three

Appears in 2 contracts

Sources: Lease, Lease