Common use of Selection Clause in Contracts

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord shall select one arbitrator and Tenant shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 4 contracts

Sources: Lease Agreement (ExOne Co), Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 2 contracts

Sources: Asset Purchase Agreement, Asset Purchase Agreement (Onelink Inc)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord the Representative shall select one arbitrator and Tenant the Purchaser shall select one arbitrator, and those two arbitrators shall then select, select within ten (10) days, days a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 2 contracts

Sources: Stock Purchase Agreement (America Service Group Inc /De), Asset Purchase Agreement (America Service Group Inc /De)

Selection. There The number of arbitrators shall be three arbitrators(3), unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement within ten (10) business days after the initiation of an arbitration proceeding, Landlord Seller shall select one (1) arbitrator and Tenant Purchaser shall select one (1) arbitrator, and those two arbitrators shall then select, within ten (10) business days, a third arbitrator. If those two (2) arbitrators are unable to select a third arbitrator within such ten (10)-day 10) business day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two (2) of the three (3) arbitrators shall be final and binding upon the parties.

Appears in 2 contracts

Sources: Asset Sale Agreement (Southwest General Hospital Lp), Asset Sale Agreement (Southwest General Hospital Lp)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days Business Days after the initiation of an arbitration proceeding, Landlord Seller, or with respect to a dispute following the Effective Time, the Stockholders, shall select one arbitrator and Tenant Parent shall select one arbitrator, and those two arbitrators shall then select, within ten (10) daysBusiness Days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the partiesParties.

Appears in 1 contract

Sources: Merger Agreement (Ii-Vi Inc)

Selection. There The number of arbitrators shall be three arbitrators(3), unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Transferor shall select one (1) arbitrator and Tenant the General Partner shall select one (1) arbitrator, and those two arbitrators shall then select, select within ten (10) days, days a third arbitrator. If those two (2) arbitrators are unable to select a third arbitrator within such ten (10)-day 10) day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two (2) of the three (3) arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Contribution Agreement (Universal Health Services Inc)

Selection. There shall be three arbitrators, unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord the Shareholders' Agent shall select one arbitrator and Tenant Parent shall select one arbitrator, and those two arbitrators shall then select, select within ten (10) days, days a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Merger Agreement (Electronics for Imaging Inc)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement agreement, within ten (10) 10 days after the initiation of an arbitration proceeding, Landlord the Seller shall select one arbitrator and Tenant the Purchaser shall select one arbitrator, and those two arbitrators shall then select, within ten (10) 10 days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day 10 day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration AssociationAssociation (the “AAA”). The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Asset Purchase Agreement (Fibernet Telecom Group Inc\)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord ▇▇▇▇▇▇, or with respect to a dispute following the Effective Time, the Shareholders, shall select one arbitrator and Tenant II-VI shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the partiesParties.

Appears in 1 contract

Sources: Merger Agreement (Ii-Vi Inc)

Selection. There shall be three (3) arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller, or with respect to a dispute following the Effective Time, the Shareholders, shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two (2) arbitrators shall then select, within ten (10) days, a third arbitrator. If those two (2) arbitrators are unable to select a third arbitrator within such ten (10)-day 10) day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the partiesParties.

Appears in 1 contract

Sources: Merger Agreement (Rexnord LLC)

Selection. There shall be three arbitrators, unless the parties --------- Parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord . The Petrosearch Parties shall select one arbitrator arbitration and Tenant Rock shall select one arbitrator, and those two arbitrators arbitrations shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator arbitration within such ten (10)-day 910) day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the partiesParties.

Appears in 1 contract

Sources: Right of First Refusal Agreement (Petrosearch Energy Corp)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Parent shall select one arbitrator and Tenant the Stockholders’ Representative shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Merger Agreement (Stratasys Inc)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord SOF or PFG shall select one arbitrator and Tenant Team shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Memorandum of Understanding (Team America Inc)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord the Company, or with respect to a dispute following the Effective Time, the Shareholder Representative, shall select one arbitrator and Tenant Parent shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration AssociationHKIAC. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Merger Agreement (Ii-Vi Inc)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration AssociationAs- sociation. The decision in writing of at least two of the three arbitrators arbitra- tors shall be final and binding upon the parties.

Appears in 1 contract

Sources: General Provisions

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement agreement, within ten (10) 10 days after the initiation of an arbitration proceeding, Landlord the Seller shall select one arbitrator and Tenant the Purchaser shall select one arbitrator, and those two arbitrators shall then select, within ten (10) 10 days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day 10 day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration AssociationAssociation (the "AAA"). The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Asset Purchase Agreement (Gateway Realty New Jersey LLC)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. The parties shall make every reasonable effort to select a single arbitrator, qualified by professional expertise and experience, to determine any claim of damages for less than U.S. One Million Dollars. In the absence of such agreement within ten (10ten(10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by from the commercial panel of the American Arbitration Association. The decision in writing of agreed to by at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Stock Purchase Agreement (Symmetry Medical Inc.)

Selection. There The arbitration shall be conducted by three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller Parties shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day ten-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties. All arbitrators shall be residents of the United States of America.

Appears in 1 contract

Sources: Merger Agreement (K-Sea Transportation Partners Lp)

Selection. There The arbitration shall be conducted by three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement agreement, within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day ten-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties. All arbitrators shall be residents of the United States of America.

Appears in 1 contract

Sources: Membership Interest Purchase Agreement (K-Sea Transportation Partners Lp)

Selection. There The arbitration shall be conducted by three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Sellers shall select one arbitrator and Tenant Buyer shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day ten-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties. All arbitrators shall be residents of the United States of America.

Appears in 1 contract

Sources: Merger Agreement (K-Sea Transportation Partners Lp)

Selection. There The number of arbitrators shall be three arbitrators(3), unless the parties hereto are able to agree on a single arbitrator. In the absence of such agreement agreement, within ten (10) business days after the initiation of an arbitration proceeding, Landlord Seller shall select one (1) arbitrator and Tenant Buyer shall select one (1) arbitrator, and those two (2) arbitrators shall then select, within ten (10) business days, a third arbitrator. If those two (2) arbitrators are unable to select a third arbitrator within such ten (10)-day 10) business day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two (2) of the three (3) arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: LLC Interest Purchase Agreement (Medcath Corp)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord the Selling Parties shall select one arbitrator and Tenant the Buying Parties shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Synalloy Corp)

Selection. There The number of arbitrators shall be three arbitrators(3), unless the parties are able to agree on a single arbitrator. In the absence of such agreement agreement, within ten (10) business days after the initiation of an arbitration proceeding, Landlord Seller shall select one (1) arbitrator and Tenant Buyer shall select one (1) arbitrator, and those two (2) arbitrators shall then select, within ten (10) business days, a third arbitrator. If those two (2) arbitrators are unable to select a third arbitrator within such ten (10)-day 10) business day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two (2) of the three (3) arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Asset Purchase Agreement (Orion Healthcorp Inc)

Selection. There shall be three arbitrators, unless unl ess the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord the Representative shall select one arbitrator and Tenant the Purchaser shall select one arbitrator, and those two arbitrators shall then select, select within ten (10) days, days a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Asset Purchase Agreement (Bergen Brunswig Corp)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. The parties shall make every reasonable effort to select a single arbitrator, qualified by professional expertise and experience, to determine any claim of damages for less than U.S. One Million Dollars. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Purchaser shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by from the commercial panel of the American Arbitration Association. The decision in writing of agreed to by at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Stock Purchase Agreement (Symmetry Medical Inc.)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Purchaser shall select one arbitrator, and those two arbitrators shall then select, select within ten (10) days, days a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Asset Purchase Agreement (America Service Group Inc /De)

Selection. There shall be three arbitrators, unless the parties are able to agree on a single arbitrator. In the absence of such agreement within ten (10) days after the initiation of an arbitration proceeding, Landlord Seller shall select one arbitrator and Tenant Purchaser shall select one arbitrator, and those two arbitrators shall then select, within ten (10) days, a third arbitrator. If those two arbitrators are unable to select a third arbitrator within such ten (10)-day period, a third arbitrator shall be appointed by the commercial panel of the American Arbitration Association. The decision in writing of at least two of the three arbitrators shall be final and binding upon the parties.

Appears in 1 contract

Sources: Acquisition Agreement (Northeast Bancorp /Me/)