Common use of FINDINGS OF FACT Clause in Contracts

FINDINGS OF FACT. The arbitrator will be required to make specific, written findings of fact and conclusions of law, and the parties will have the right to appeal or seek vacation or modification of an award only (1) if that award is based in whole, or in part, upon fraud or a failure to follow the procedures set forth in this Section 8 or (2) to the extent otherwise allowed by applicable law. Subject to the foregoing, the determination of the arbitrator shall be binding on all parties and shall not be subject to further review or appeal. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The decision of the arbitrator will be enforceable in any court of competent jurisdiction. To the extent permitted by applicable EXHIBIT 2.2 law, the arbitrator will have the power to award recovery of all costs and fees (including attorneys' fees, administrative fees, and arbitrators' fees) to the prevailing party.

Appears in 1 contract

Sources: Stock Purchase Agreement (Objectspace Inc)

FINDINGS OF FACT. The arbitrator will be required to make specific, written findings of fact and conclusions of law, and the parties will have the right to appeal or seek vacation or modification of an award only (1) if that award is based in whole, or in part, upon fraud or a failure to follow the procedures set forth in this Section 8 17 or (2) to the extent otherwise allowed by applicable law. Subject to the foregoing, the determination of the arbitrator shall be binding on all parties and shall not be subject to further review or appeal. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The decision of the arbitrator will be enforceable in any court of competent jurisdiction. To the extent permitted by applicable EXHIBIT 2.2 law, the arbitrator will have EXHIBIT 2.1 the power to award recovery of all costs and fees (including attorneys' fees, administrative fees, and arbitrators' fees) to the prevailing party.

Appears in 1 contract

Sources: Asset Purchase Agreement (Objectspace Inc)

FINDINGS OF FACT. The arbitrator will be required to make specific, written findings of fact and conclusions of law, and the parties will have the right to appeal or seek vacation or modification of an award only (1) if that award is based in whole, or in part, upon fraud or a failure to follow the procedures set forth in this Section 8 17 or (2) to the extent otherwise allowed by applicable law. Subject to the foregoing, the determination of the arbitrator shall be binding on all parties and shall not be subject to further review or appeal. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The decision of the arbitrator will be enforceable in any court of competent jurisdiction. To the extent permitted by applicable EXHIBIT 2.2 law, the arbitrator will have the power to award recovery of all costs and fees (including attorneys' fees, administrative fees, and arbitrators' fees) to the prevailing party.

Appears in 1 contract

Sources: Asset Purchase Agreement (Objectspace Inc)

FINDINGS OF FACT. The arbitrator will be required to make specific, written findings of fact and conclusions of law, and the parties will have the right to appeal or seek vacation or modification of an award only (1) if that award is based in whole, or in part, upon fraud or a failure to follow the procedures set forth in this Section 8 or (2) to the extent otherwise allowed by applicable law. Subject to the foregoing, the determination of the arbitrator shall be binding on all parties and shall not be subject to further review or appeal. Any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The decision of the arbitrator will be enforceable in any court of competent jurisdiction. To the extent permitted by applicable EXHIBIT 2.2 law, the arbitrator will have the power to award recovery of all costs and fees (including attorneys' fees, administrative fees, and arbitrators' fees) to the prevailing party.

Appears in 1 contract

Sources: Stock Purchase Agreement (Objectspace Inc)