The parties to this Contract to Arbitrate are:
Dispute to be Arbitrated
The parties submit the following to arbitration (describe all areas of dispute,
each party's position, any limitations on the arbitrator's authority, and
the relief requested by each party):
Conduct of Proceedings and Arbitrator's
Any fact or claim not specifically admitted by all parties is considered
denied and is in issue.
The parties agree to select an arbitrator and otherwise conduct the arbitration
in accordance with state law and the applicable Rules of Arbitration of
USA&M. No party shall make any ex-parte communication to the arbitrator
without the express consent of all other parties. The arbitrator has
authority to settle all points and controversies in the above-described
dispute and award appropriate relief. The arbitrator shall be the judge
of the admissibility of the evidence offered by the parties and conformity
to legal rules of evidence shall not be necessary.
Unless otherwise stated above, the USA&M Internal Appeal Rule
contained in the Rules of Arbitration does not apply to this contract.
The parties agree to divide equally the total costs of the arbitration,
with the arbitrator having the ability to assess the total costs against
one party as part of the award. Costs for an internal appeal will be paid
in accordance with the Rules of Arbitration.
Award Legally Binding
The parties contract and agree that they will be legally bound by the award
and that judgment may be entered on such an award. If any party fails to
comply with an award or unsuccessfully challenges an award, that party must
pay all of the other party's costs of suit including reasonable attorney's
fees incurred to enforce or defend such an award, and legal interest on
the amount awarded.
THIS DOCUMENT SUBSTANTIALLY AFFECTS YOUR LEGAL RIGHTS. By agreeing
to arbitrate this dispute, parties give up their legal right to bring a
court action and to have a jury trial.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE
ENFORCED BY THE PARTIES.