1999 036 Ordinance - Laserfiche WebLink

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Notice: By initialing in the space below you are agreeing to have any dispute arising out of the masters included in the 'arbitration' provision decided by neutral arbitration and you are giving up any rights you might possess to have the dispute litigated in a court of jury trial. By initialing in the space below you are giving up your judicial rights to discovery and appeal unless such rights are specifically included in the 'arbitration of disputes' provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of applicable law Procedure. Your agreement to this arbitration provision is voluntary. We have read and understand the foregoing and agree to submit disputes arising out of the matters included in the 'arbitration' provision to neutral arbitration. TowerCo's Initials AirTouch's Initials (b) Unless the parties agree in writing upon the number and identity of the arbitrators within five (5) business days after the initiation of Arbitration, the following procedures shall govern the selection of the arbitrators: (i) Each party shall (by a written notice to the other party delivered within ten (10) business days after the initiation of Arbitration) select a single arbitrator, who shall be selected from a list of potential arbitrators from the National Paael of Commercial Arbitrators supplied to the parties. If one party fails to deliver such notice of selection within the foregoingten-business-day period, then such party shall have no right to select an arbitrator and the other party shall select a second arbitrator from such list by written notice to the first party. (ii) The two arbitrators selected pursuant to the foregoing clause (i) shall mutually agree within ten (10) calendar days upon a third arbitrator, who shall have no substantial relationship to any party. If the two arbitrators do not so select such third arbitrator within the foregoing 10-day period, the third arbitrator will be selected by the AAA. (c) All proceedings and decisions of the arbitrators shall be maintained in confidence, to the extent legally permissible, and shall not be made public by any party or any arbitrator without the prior written consent of all parties to the Arbitration, except as may be required by law. (d) Each party to the Arbitration.shallbeor its own casts and attorneys' fees in connection with any Arbitration, and the parties shall equally bear the fees, costs and expenses of the arbitrators and the Arbitration proceedings; provided, however, that the arbitrators may exercise discretion to award casts, but not attorneys' fees, to the prevailing party. 39. INFORMATION: OWNERSHIP; NON-DISCLOSURE. (a) Any information, including without limitation proprietary and other data, business information, technical information, specifications, drawings, sketches, models, samples, tools, computer programs, and any other documentation, written, oral or otherwise, furnished to one Party hereto by the other Party ("Other Party") under or in contemplation of this Agreement or obtained by such Party as a consequence of this Agreement ("Confidential Information's shall remain the property of such Other Party. All copies of Confidential Information in written, graphic, magnetic, or other tangible form shall be returned to the Other Party upon completion of the work for which it was required or upon demand by such Other Party. (b) Each Party hereto agrees that any and all information which it acquires as a direct or indirect result of its activities under this Agreement, including, but not limited to, data, business information, technical information, secrets, specifications, drawings, sketches, models, samples, tools,