Common use of Disputed Matters Clause in Contracts

Disputed Matters. Except as otherwise provided in this Agreement, any controversy or dispute arising out of this Agreement, the interpretation of any of the provisions hereof, or the action or inaction of any officer or the Board of Directors hereunder shall be submitted to arbitration in Los Angeles, California under the commercial arbitration rules then obtaining of the American Arbitration Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Stockholder except (a) an action to compel arbitration pursuant to this Section 5 or (b) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section 5.

Appears in 2 contracts

Sources: Stockholders Agreement (Vertical Computer Systems Inc), Stockholders Agreement (Vertical Computer Systems Inc)

Disputed Matters. Except as otherwise provided in this Agreement, any controversy or dispute arising out of this Agreement, the interpretation of any of the provisions hereof, or the action or inaction of any officer Member or the Board of Directors Executive Committee hereunder shall be submitted to arbitration in Los Angeles, California under the commercial arbitration rules then obtaining of the American Arbitration Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. No action at law or in equity based upon any claim arising out of or related to this Agreement shall be instituted in any court by any Stockholder Member except (a) an action to compel arbitration pursuant to this Section 5 13.9 or (b) an action to enforce an award obtained in an arbitration proceeding in accordance with this Section 513.9.

Appears in 2 contracts

Sources: Operating Agreement (Vertical Computer Systems Inc), Operating Agreement (Vertical Computer Systems Inc)