Fill and Sign the Agreement Arbitrate 497331846 Form

Agreement to Arbitrate Contracts Arbitration Agreement made on the       day of       , 20       , between       , a corporation organized and existing under the (Name of ABC, Inc.) laws of the state of       , with its principal office located at (Name of State)       , and referred to herein as ABC, and (Street Address, City, County, State, Zip Code)       , a corporation organized and existing under the (Name of Acme, Inc.) laws of the state of       , with its principal office located at (Name of State)       , referred to herein as Acme. (Street Address, City, County, State, Zip Code) For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. Matters to be Submitted to Arbitration. All disputes and controversies of every kind and nature between the parties to this Agreement arising out of or in connection with       as to the existence, construction, validity, (Describe) interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of the Agreement shall be submitted to arbitration pursuant to the procedure set forth in this Agreement. II. Procedure. A. Either party may demand such arbitration in writing within       days (Number) after the controversy arises, which demand shall include the name of the arbitrator appointed by the party demanding arbitration, together with a statement of the matter in controversy. B. Within       days after such demand, the other party shall name its (Number) arbitrator, or in default of such naming, such arbitrator shall be named by the Arbitration Committee of the American Arbitration Association, and the two arbitrators so selected shall name a third arbitrator within       days or, in lieu of such Agreement on a (Number) third arbitrator by the two arbitrators so appointed, a third arbitrator shall be appointed by the Arbitration Committee of the American Arbitration Association. C. The arbitration costs and expenses of each party shall be borne by that party. Agreement to Arbitrate Contracts Page 1 of 3 D. The arbitration hearing shall be held at       (Place) on       days' notice to the parties. (Number) E. The arbitration rules and procedures of the American Arbitration Association shall be used in the arbitration hearing and the law of evidence of       (Name of State) shall govern the presentation of evidence at such hearing. F. The arbitration hearing shall be concluded within       days unless (Number) otherwise ordered by the arbitrators and the award on the hearing shall be made within       days after the close of the submission of evidence. (Number) G. An award rendered by a majority of the arbitrators appointed under this Agreement shall be final and binding on all parties to the proceeding during the period of this Agreement, and judgment on such award may be entered by either party in the highest court, state or federal, having jurisdiction. III. Agreement as Bar to Suit. A. The provisions of this Agreement shall be a complete defense to any suit, action, or proceeding instituted in any federal, state, or local court or before any administrative tribunal with respect to any controversy or dispute arising during the period of this Agreement and which is arbitrable as set forth in this Agreement. B. The arbitration provisions of this Agreement shall, with respect to such controversy or dispute, survive the termination or expiration of             . (Describe agreement to which this arbitration agreement relates) IV. Lack of Arbitrator’s Authority to Modify Agreement. Nothing contained in this Agreement shall be deemed to give the arbitrators any authority, power, or right to alter, change, amend, modify, add to, or subtract from any of the provisions of             . (Describe agreement to which this arbitration agreement relates) V. Governing Agreement. This Agreement shall be governed by, construed, and enforced in accordance with the laws of       . (Name of State) VI. No Waiver. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. Agreement to Arbitrate Contracts Page 2 of 3 VII. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) VIII. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. IX. Entire Agreement . This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. X. Modification of Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. XII. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. XIII. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. WITNESS our signatures as of the day and date first above stated.             (Name of Acme, Inc.) (Name of ABC, Inc.) By: By: (Signature of Officer) (Signature of Officer)             (P rinted Name & Office in Corporation) (P rinted Name & Office in Corporation) Agreement to Arbitrate Contracts Page 3 of 3