Alternate Dispute Resolution (ADR). If those attempts fail, then the dispute will be mediated by a mutually acceptable mediator to be chosen by Motorola and Company within forty-five (45) days after written notice by either Party demanding mediation. Such mediation shall be conducted in a location to be agreed upon by the parties. Neither Party may unreasonably withhold consent to the selection of a mediator or location, and Motorola and Company will share the costs of the mediator equally. Each Party shall pay its own attorneys' fees. By mutual agreement, however, Motorola and Company may postpone mediation until each has completed some specified but limited discovery regarding the dispute. The Parties may also agree to replace mediation with some other form of alternate dispute resolution, such as neutral fact-finding or a mini-trial.
Appears in 2 contracts
Sources: Original Equipment Manufacturer Agreement (Airspan Networks Inc), Oem Agreement (Airspan Networks Inc)