Common use of Expedited Binding Arbitration Clause in Contracts

Expedited Binding Arbitration. The procedural rules set forth in Section 17.5 will apply, subject to the following differences: (i) the petition for arbitration must be filed within forty-five (45) days of the Notice of Re-Opener; (ii) the responding Party must file a response within ten (10) days; (iii) arbitration hearing will be set for a date that falls within sixty (60) days of the filing of the petition for arbitration; and (iv) the arbitrator, in reaching its decision, will consider, without limitation, the extent to which SMUD is entitled to temporarily suspend its performance of the provisions specified in its Notice of Re- Opener, and the extent to which such temporary suspension will cause irreparable injury to the El Dorado Parties.