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This fee schedule applies to mediations conducted under certain rules
of procedures for mediations conducted under the auspices of the Corporate
Partnering Institute (which rules are referred to within this fee schedule
as the "Mediation Rules").
A. CPI Mediation Fees and Expenses. The "CPI Mediation Fees and
Expenses" shall mean the fees, payments, and expenses described below:
(1) Hourly Fee. The Corporate Partnering Institute (herein referred
to as "CPI") shall be paid The Hourly CPI Mediation Fees. (2) Case Set-up
and Processing Fee. CPI shall be paid the Case Set-up Fee with submission
of each dispute to mediation, and shall be paid the Case Processing
Fee every 90 days thereafter until the mediation process is terminated.
(3) Out of Pocket Mediation Expenses. CPI shall be paid CPI's Out of
Pocket Mediation Expenses. The cost of the "CPI Mediation Fees and Expenses"
shall be shared among the parties to the mediation as provided for in
the Mediation Rules.
B. Payment of Deposit and Fees. Before commencement of mediation,
and from time to time during the mediation, the parties shall each deposit
such sums determined by the CPI to be applied toward payment of the
CPI Mediation Fees and Expenses. The mediator may delay the mediation
until such deposits are made. Upon termination of the mediation, the
CPI shall return the unapplied balance of such deposits, if any, to
the parties. In any mediation which at commencement appears as if it
may not take a substantial amount of time, in lieu of the above said
deposits, the CPI may elect to accept charge card authorizations against
which it is authorized to charge the CPI Mediation Fees and Expenses.
C. Unpaid CPI Mediation Fees and Expenses. (1) After 3 Months.
In the event that any party fails to pay any CPI Mediation Fees and
Expenses within 3 months after they are invoiced for them, the parties
shall be obligated to pay interest on such sums. Such interest shall
be calculated from the date of the invoice at the lesser of (1) 1.5%
per month, or (2) the maximum interest rate permitted by law. (2) After
12 Months. In the event that any party fails to pay any CPI Mediation
Fees and Expenses, or interest thereon, within 12 months after they
are invoiced for them, that party shall be obligated to pay all legal
fees and costs (including without limitation contingency fees and expert
fees) incurred in collecting such sums.
D. Definitions.
(1)
Hourly CPI Mediation Fees. For purposes of this fee schedule, the
"Hourly CPI Mediation Fees" shall mean an hourly fee of $360 per hour
(or portion thereof) of Chargeable Time per person which may be billed
in 1 hour increments. "Chargeable Time" shall mean any and all time
spent on any Mediation Related Activities by any one or more of CPI
Mediation Personnel. Without limiting the foregoing, Chargeable Time
shall include (a) time spent in mediation hearings and conferences,
(b) preparation time, and (c) time spent as a result of litigation relating
to the mediation or the subject matter of the mediation, including without
limitation any lawsuits in which CPI or any CPI Mediation Personnel
is made a party to, or in which demand is made on CPI or any CPI Mediation
Personnel to participate in, as a witness or otherwise.
(2) Case
Set-up Fee. For purposes of this fee schedule the "Case Set-up Fee"
shall mean a non-refundable fee of $1500.
(3) Case
Processing Fee. For purposes of this fee schedule the "Case Processing
Fee" shall mean a non-refundable fee equal to the Case Set-up Fee.
(4) CPI's
Out of Pocket Mediation Expenses. For purposes of the this fee schedule,
"CPI's Out of Pocket Mediation Expenses" shall mean Out of Pocket Costs
plus an administration fee equal to 20% of the Out of Pocket Costs.
For purposes of this fee schedule, "Out of Pocket Costs" shall mean
any costs or expenses related to, or arising out of, (a) any dispute
submitted to mediation under the Mediation Rules, (b) any matter arising
out of or related to such a dispute or the parties thereto, or (c) any
Mediation Related Activities. Without limiting the foregoing, Out of
Pocket Expenses shall include: travel costs (including related room
and board), photocopying, faxing, long distance communications and conference
call charges, hearing and meeting room costs, stenographic and recording
fees, expert fees and expenses, attorney fees and related legal expenses
arising out of any litigation relating to the mediation or the subject
matter of the mediation, including without limitation, any lawsuits
in which CPI or any CPI Mediation Personnel is made a party to, or in
which demand is made on CPI or any CPI Mediation Personnel to participate
in, as a witness or otherwise.
(5) Mediation
Related Activities. For purposes of this fee schedule, "Mediation
Related Activities" shall include without limitation any activities
or time, spent on or related to, in any way: (a) any dispute or matter
submitted to mediation under the Mediation Rules, (b) any dispute or
matter arising out of or related to such a dispute or the parties thereto,
(c) any services provided under the Mediation Rules, or (d) any activities
involved with interpreting or enforcing the Mediation Rules or any rights
arising thereunder.
(6) CPI
Mediation Personnel. For purposes of this fee schedule, "CPI Mediation
Personnel" shall include all of the Corporate Partnering Institute's
personnel, including by way of example and not limitation, (a) any owner,
director or principal of the Corporate Partnering Institute, (b) any
person providing mediation services under the Mediation Rules, (c) any
lawyer representing the Corporate Partnering Institute, and (d) any
employee or subcontractor of the Corporate Partnering Institute engaging
in Mediation Related Activities.
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This fee schedule applies to arbitrations conducted under certain rules
of procedures for arbitrations conducted under the auspices of the Corporate
Partnering Institute (which rules are referred to within this fee schedule
as the "Arbitration Rules").
A. CPI Arbitration Fees and Expenses. The "CPI Arbitration Fees
and Expenses" shall mean the fees, payments, and expenses described
below: (1) Hourly Fee. The Corporate Partnering Institute (herein referred
to as "CPI") shall be paid the Hourly CPI Arbitration Fees. (2) Case
Set-up and Processing Fee. CPI shall be paid the Case Set-up Fee with
submission of each dispute to arbitration, and shall be paid the Case
Processing Fee every 90 days thereafter until the arbitration process
is terminated. CPI shall also be paid the Per Case Arbitration Fee.
(3) Out of Pocket Arbitration Expenses. CPI shall be paid CPI's Out
of Pocket Arbitration Expenses. The cost of the "CPI Arbitration Fees
and Expenses" shall be shared among the parties to the arbitration as
provided for in the Arbitration Rules.
B. Payment of Deposit and Fees. Before commencement of arbitration,
and from time to time during the arbitration, the parties shall each
deposit such sums determined by the CPI to be applied toward payment
of the CPI Arbitration Fees and Expenses. The arbitrator may delay the
arbitration until such deposits are made. Upon termination of the arbitration,
the CPI shall return the unapplied balance of such deposits, if any,
to the parties. In any arbitration which at commencements appear as
if it may not take a substantial amount of time, in lieu of the above
said deposits, the CPI may elect to accept charge card authorizations
against which it is authorized to charge the CPI Arbitration Fees and
Expenses.
C. Unpaid CPI Mediation Fees and Expenses.
(1) After 3 Months. In the event that any party fails to
pay any CPI Arbitration Fees and Expenses within 3 months after they
are invoiced for them, the parties shall be obligated to pay interest
on such sums. Such interest shall be calculated from the date of the
invoice at the lesser of (1) 1.5% per month, or (2) the maximum interest
rate permitted by law.
(2) After 12 Months. In the event that any party fails to pay
any CPI Arbitration Fees and Expenses, or interest thereon, within 12
months after they are invoiced for them, that party shall be obligated
to pay all legal fees and costs (including without limitation contingency
fees and expert fees) incurred in collecting such sums.
(3) CPI's Rights Under the Rules. For purposes of enforcing its
rights under the Arbitration Rules, the CPI shall be deemed to be an
intended third party beneficiary of the agreement to arbitrate between
the parties with the independent right to enforce its rights under the
Arbitration Rules against the parties by issuing an arbitral award to
itself.
D. Definitions.
(1)
Hourly CPI Arbitration Fees. For purposes of this fee schedule,
the "Hourly CPI Arbitration Fees" shall mean an hourly fee of $360 per
hour (or portion thereof) of Chargeable Time per person which may be
billed in 1 hour increments. "Chargeable Time" shall mean any and all
time spent on any Arbitration Related Activities by any one or more
of CPI Arbitration Personnel. Without limiting the foregoing, Chargeable
Time shall include (a) time spent in arbitration hearings and conferences,
(b) preparation time, and (c) time spent as a result of litigation relating
to the arbitration or the subject matter of the arbitration, including
without limitation any lawsuits in which CPI or any CPI Arbitration
Personnel is made a party to, or in which demand is made on CPI or any
CPI Arbitration Personnel to participate in, as a witness or otherwise.
(2)
Case Set-up Fee. For purposes of this fee schedule the "Case Set-up
Fee" shall mean a non-refundable fee of $1500.
(3)
Case Processing Fee. For purposes of this fee schedule the "Case
Processing Fee" shall mean a non-refundable fee equal to the Case Set-up
Fee.
(4)
CPI's Out of Pocket Arbitration Expenses. For purposes of the this
fee schedule, "CPI's Out of Pocket Arbitration Expenses" shall mean
Out of Pocket Costs plus an administration fee equal to 20% of the Out
of Pocket Costs. For purposes of this fee schedule, "Out of Pocket Costs"
shall mean any costs or expenses related to, or arising out of, (a)
any dispute submitted to arbitration under the Arbitration Rules, (b)
any matter arising out of or related to such a dispute or the parties
thereto, or (c) any Arbitration Related Activities. Without limiting
the foregoing, Out of Pocket Expenses shall include: travel costs (including
related room and board), photocopying, faxing, long distance communications
and conference call charges, hearing and meeting room costs, stenographic
and recording fees, expert fees and expenses, attorney fees and related
legal expenses arising out of any litigation relating to the arbitration
or the subject matter of the arbitration, including without limitation,
any lawsuits in which CPI or any CPI Arbitration Personnel is made a
party to, or in which demand is made on CPI or any CPI Arbitration Personnel
to participate in, as a witness or otherwise.
(5)
Per Case Arbitration Fee. For purposes of this fee schedule, the
"Per Case Arbitration Fee" shall mean a fee equal to 1.5% of the value
of the matter in dispute.
(6)
Arbitration Related Activities. For purposes of this fee schedule,
"Arbitration Related Activities" shall include without limitation any
activities or time, spent on or related to, in any way: (a) any dispute
or matter submitted to arbitration under the Arbitration Rules, (b)
any dispute or matter arising out of or related to such a dispute or
the parties thereto, (c) any services provided under the Arbitration
Rules, or (d) any activities involved with interpreting or enforcing
the Arbitration Rules or any rights arising thereunder.
(7)
CPI Arbitration Personnel. For purposes of this fee schedule,
"CPI Arbitration Personnel" shall include all of the Corporate Partnering
Institute's personnel, including by way of example and not limitation,
(a) any owner, director or principal of the Corporate Partnering Institute,
(b) any person providing arbitral services under the Arbitration Rules,
(c) any lawyer representing the Corporate Partnering Institute, and
(d) any employee or subcontractor of the Corporate Partnering Institute
engaging in Arbitration Related Activities.
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