arena lease and management agreement city of glendale, arizona ...

SUBSTANTIAL FINAL DRAFT 11/27/12 12:35
15 days of receipt.
(b)
The parties shall each pay in one-half of the Arbitrator’s invoice within
(c) The prevailing party or parties in any Arbitration shall be entitled to
reimbursement for any costs of such proceeding, reasonable attorneys’ fees, reasonable costs of
investigation and any other expenses incurred in connection with such Arbitration in the manner directed
by the Arbitrator.
21.4 Equitable Litigation.. Notwithstanding any other provision of this Section to the
contrary, any party may engage an Equitable Litigation to seek interim equitable relief with respect to an
Arbitration Dispute.
21.4.1 Nothing herein shall be construed to suspend or terminate the obligation of any
party hereto to promptly proceed with the Arbitration concerning the Arbitration Dispute that is the
subject of such Equitable Litigation while such Equitable Litigation (and any appeal therefrom) is
pending.
21.4.2 Regardless of whether such interim relief is granted or denied, or whether such
Equitable Litigation is pending or any appeal is taken from the grant or denial of such relief, the parties
shall at all times diligently proceed to complete the Arbitration.
21.4.3 Any interim relief granted in such Equitable Litigation, or any appeal therefrom,
shall remain in effect until, and only until, the Arbitration concerning the Arbitration Dispute that is the
subject of such Equitable Litigation results in a settlement agreement or the issuance of an award
following Arbitration.
21.4.4 Such written settlement agreement or award shall be the binding, final
determination on the merits of the Arbitration Dispute (including any equitable relief but excluding any
award of attorneys’ fees or costs awarded or granted in the Equitable Litigation), shall supersede and
nullify any decision in the Equitable Litigation on the merits of the Arbitration Dispute, and shall
preclude any subsequent litigation on such merits, notwithstanding any determination to the contrary in
connection with any Equitable Litigation granting or denying interim relief or any appeal therefrom.
21.4.5 The parties agree that any Equitable Litigation shall be filed exclusively in the
state or federal courts in Maricopa County, Arizona. The parties consent and agree to the exclusive
jurisdiction of the courts located in Maricopa County, Arizona for any Equitable Litigation. No party will
argue or contend that it is not subject to the jurisdiction of the courts located in Maricopa County, Arizona
or that venue in Maricopa County, Arizona is improper with respect to any Equitable Litigation.
21.4.6 For the purposes of this Section, “Equitable Litigation” means an action to
secure a temporary restraining order, preliminary injunction or other interim equitable relief concerning
an Arbitration Dispute, including specific performance, provisional remedies, stay of proceedings in
connection with special action relief or any similar relief of an interim nature.
22. ASSIGNMENT..
22.1 Arena Manager Assignment..
22.1.1 The Arena Manager may not assign, pledge, transfer or otherwise attempt to
transfer the Arena Manager’s duties and obligations under this Agreement, without the prior consent of
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