Common use of Panel of Arbitrators Clause in Contracts

Panel of Arbitrators. Future Perchlorate Contamination Disputes pursuant to Article 10 hereof and Arbitration of Lump Sum pursuant to Section 5.2.6 and 9.1.7 hereof shall be decided by a panel of three impartial arbitrators qualified to serve as arbitrators. The list in Exhibit “BB” consists of eleven (11) approved arbitrators. The list of arbitrators may be supplemented or amended by mutual agreement of the Parties in writing. An arbitration panel of three (3) shall be chosen by agreement of the parties involved in the dispute. If the parties involved in the dispute are unable to reach agreement, the panel of three (3) arbitrators shall be selected by each side striking one arbitrator from the list in succession (beginning with Plaintiffs) until only a panel of three arbitrators remains. Plaintiffs shall strike one arbitrator within five (5) Working Days of notice of the arbitration. (Defendants and AISLIC being considered one side for purposes of such strikes.) Each successive strike shall take place within two (2) Working Days thereafter. Notice shall be given pursuant to the provisions of Section 15.4 hereof. If the list of eleven (11) approved arbitrators needs to be supplemented in order to assure a complete list of eleven (11) available arbitrators before such a selection, the parties to the dispute shall supplement the list by mutual agreement, or in the absence of such agreement, the list shall be supplemented by the Judicial Arbitration and Mediation Service (“JAMS”) in Los Angeles (or a mutually agreeable substitute). If the method described above, does not identify a person available to act as arbitrator for any particular dispute, the parties involved in the dispute shall use their best efforts to select an arbitrator by mutual agreement. If the parties to the dispute are unable to reach agreement, the listing process set forth by JAMS Rule 15 shall govern.