Common use of Selection and Payment of Arbitrator Clause in Contracts

Selection and Payment of Arbitrator. (a) Within ten (10) calendar days after the Service Date, Buyer shall select and submit to Company the names of three (3) arbitrators that are designated as “neutrals” or qualified arbitrators by JAMS (▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/) or other arbitration service provider agreed upon by the parties (such three (3) designated persons hereunder are referred to herein as the “Proposed Arbitrators”). Within five (5) calendar days after ▇▇▇▇▇ has submitted to Company the names of the Proposed Arbitrators, Company must select, by written notice to Buyer, one (1) of the Proposed Arbitrators to act as the arbitrator for the parties under these Arbitration Provisions. If Company fails to select one of the Proposed Arbitrators in writing within such 5-day period, then Buyer may select the arbitrator from the Proposed Arbitrators by providing written notice of such selection to Company. The date that the Proposed Arbitrator selected pursuant to this Paragraph 4.2 agrees in writing (including via email) delivered to both parties to serve as the arbitrator hereunder is referred to herein as the “Arbitration Commencement Date”. If an arbitrator resigns or is unable to act during the Arbitration, a replacement arbitrator shall be chosen by ▇▇▇▇▇ in accordance with this Paragraph 4.2 to continue the Arbitration. If JAMS or other arbitration service provider agreed upon by the parties ceases to exist or to provide a list of neutrals and there is no successor thereto, then the arbitrator shall be selected under the then prevailing rules of the American Arbitration Association.

Selection and Payment of Arbitrator. (a) Within ten (10) calendar days after the Service Date, Buyer shall select and submit to Company the names of three (3) arbitrators that are designated as “neutrals” or qualified arbitrators by the American Arbitration Association (“AAA”), JAMS (h▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/) (“JAMS”), or other arbitration service provider agreed upon by the parties (such three (3) designated persons hereunder are referred to herein as the “Proposed Arbitrators”). For the avoidance of doubt, each Proposed Arbitrator must be qualified as a “neutral” with AAA, JAMS, or other arbitration service provider agreed upon by the parties. Within five (5) calendar days after ▇B▇▇▇▇ has submitted to Company the names of the Proposed Arbitrators, Company must select, by written notice to Buyer, one (1) of the Proposed Arbitrators to act as the arbitrator for the parties under these Arbitration Provisions. If Company fails to select one of the Proposed Arbitrators in writing within such 5-day period, then Buyer may select the arbitrator from the Proposed Arbitrators by providing written notice of such selection to Company. The date that . (b) If Buyer fails to submit to Company the Proposed Arbitrator selected Arbitrators within ten (10) calendar days after the Service Date pursuant to this Paragraph 4.2 agrees in writing subparagraph (including via emaila) delivered above, then Company may by written notice to both parties Buyer at any time prior to serve Buyer so designating the Proposed Arbitrators, identify the names of three (3) arbitrators that are designated as the arbitrator hereunder is referred to herein as the “Arbitration Commencement Date”. If an arbitrator resigns neutrals” or is unable to act during the Arbitrationqualified arbitrators by AAA, a replacement arbitrator shall be chosen by ▇▇▇▇▇ in accordance with this Paragraph 4.2 to continue the Arbitration. If JAMS JAMS, or other arbitration service provider agreed upon by the parties ceases to exist or to provide a list of neutrals and there is no successor theretoparties. Buyer may then, then the arbitrator shall be selected under the then prevailing rules of the American Arbitration Association.within five

Selection and Payment of Arbitrator. (a) Within ten (10) calendar days after the Service Date, Buyer shall select and submit to Company the names of three (3) arbitrators that are designated as “neutrals” or qualified arbitrators by JAMS (h▇▇▇▇▇://://▇▇▇.▇▇▇▇▇▇▇.▇▇▇/) or other arbitration service provider agreed upon by the parties (such three (3) designated persons hereunder are referred to herein as the “Proposed Arbitrators”). Within five (5) calendar days after ▇B▇▇▇▇ has submitted to Company the names of the Proposed Arbitrators, Company must select, by written notice to Buyer, one (1) of the Proposed Arbitrators to act as the arbitrator for the parties under these Arbitration Provisions. If Company fails to select one of the Proposed Arbitrators in writing within such 5-day period, then Buyer may select the arbitrator from the Proposed Arbitrators by providing written notice of such selection to Company. The date that the Proposed Arbitrator selected pursuant to this Paragraph 4.2 agrees in writing (including via email) delivered to both parties to serve as the arbitrator hereunder is referred to herein as the “Arbitration Commencement Date”. If an arbitrator resigns or is unable to act during the Arbitration, a replacement arbitrator shall be chosen by ▇B▇▇▇▇ in accordance with this Paragraph 4.2 to continue the Arbitration. If JAMS or other arbitration service provider agreed upon by the parties ceases to exist or to provide a list of neutrals and there is no successor thereto, then the arbitrator shall be selected under the then prevailing rules of the American Arbitration Association.