Common use of Initiation of Proceeding Clause in Contracts

Initiation of Proceeding. If any dispute pertaining to the interpretation of the word “material” in the final paragraph of Section 11 of the Agreement to which this Exhibit H is attached, then either party may initiate arbitration by serving written notice on the other party of its intention to arbitrate the dispute, provided that either party (the “Initiating Party”) may elect, within five (5) days of receipt of such notice, to notify the other party (the “Responding Party”) of such party’s election to submit any such dispute, first, to non-binding mediation. The Initiating Party shall include with such notice a list of no fewer than five (5) proposed mediators not affiliated with the Initiating Party, selected from panels or lists maintained by the AAA. Within two (2) business days of receipt of such notice, the Responding Party shall provide the Initiating Party with a list of one or more mediators from the list provided by the Initiating Party that are agreeable to the Responding Party whereupon the parties shall arrange for one of the mutually agreeable mediators to conduct the mediation as soon as possible, provided that in the absence of a timely response from the Responding Party the Initiating Party shall be entitled to make such arrangement with any of the mediators on the Initiating Party’s list. Prior to the mediation, the parties shall each provide the mediator with a statement setting forth such party’s description of the nature of the dispute and, if applicable, the remedy sought.