Common use of Claim Resolution Clause in Contracts

Claim Resolution. Notwithstanding anything to the contrary in this Agreement, the resolution of any Claim (“Claim Resolution”) will occur, if at all, only in accordance with the following provisions and sequence: i. Informal discussion and negotiation between executive level managers of Dealership, Vroom and the Ally Party(ies) asserting a Claim or against which a Claim is asserted; ii. Mediation in accordance with the rules of commercial mediation as published from time to time by the American Arbitration Association, JAMS, or any other nationally recognized alternative dispute resolution organization, selected by the party against whom the Claim is being asserted; and iii. Litigation in a court of competent jurisdiction.

Appears in 2 contracts

Sources: Inventory Financing and Security Agreement (Vroom, Inc.), Inventory Financing and Security Agreement (Vroom, Inc.)

Claim Resolution. Notwithstanding anything to the contrary in this Agreement, the The resolution of any Claim (“Claim Resolution”) will occur, if at all, only in accordance with the following provisions and sequence: i. (i) Informal discussion and negotiation between executive level managers of Dealership, Vroom the Dealership and the Ally Party(ies) asserting a Claim or against which a Claim is asserted; (ii. ) Mediation in accordance with the rules of commercial mediation as published from time to time by the American Arbitration Association, JAMSEndispute, the Better Business Bureau, or any other nationally recognized alternative dispute resolution organization, selected by the party against whom the Claim is being asserted; and iii. Litigation in a court of competent jurisdiction.and (

Appears in 1 contract

Sources: Inventory Financing and Security Agreement (Carvana Co.)