Common use of Single Arbitration Clause in Contracts

Single Arbitration. The parties hereto acknowledge that the scope and requirements of certain obligations under each Severance Sublease may result in a dispute, governed by Article XVI of each applicable Severance Sublease, between Landlord and the tenants under more than one Severance Sublease. The parties hereto agree that: (a) Landlord may join Tenant as a party to an arbitration proceeding initially commenced in respect of another Severance Sublease (and Tenant expressly submits to such joining and waives any rights it might have to dispute such joining) if the failure to so join would materially and adversely affect the Public Parties’ administration of the Severance Subleases, would result in the need for duplicative proceedings to resolve the same matter or could result in conflicting determinations with respect to Common Elements; (b) Landlord may join other tenants under Severance Subleases to an arbitration proceeding initially commenced in respect of Tenant (and Tenant expressly submits to such joining and waives any rights it might have to dispute such joining) if the failure to so join would materially and adversely affect the Public Parties’ administration of the Severance Subleases, would result in the need for duplicative proceedings to resolve the same matter or could result in conflicting determinations with respect to Common Elements; and (c) Tenant may join any arbitration initiated between Landlord and any other tenant under a Severance Sublease (and Landlord expressly submits to such joining and waives any rights it might have to dispute such joining). Moreover, in the event that Tenant joins or is joined in any arbitration preceding described in this Section 16.4, Tenant agrees that Tenant shall: (i) not initiate (or attempt to initiate) a separate arbitration or other action, whether hereunder or otherwise, in respect of the same dispute; (ii) make any decision or proposal required of Tenant under this Article XVI solely in concert with any other tenants under Severance Subleases so joined if the failure to so act in concert would materially and adversely affect the Public Parties’ administration of the Severance Subleases, would result in the need for duplicative proceedings to resolve the same matter or could result in conflicting determinations with respect to the Common Elements; and (iii) comply with any decision rendered by the arbitrator pursuant to such arbitration, regardless of whether Tenant fails to participate in the arbitration proceeding.