Common use of Claims Resolution Clause in Contracts

Claims Resolution. Except as otherwise set forth below, any dispute arising out of or relating to this Agreement will be finally resolved by a sole arbitrator in accordance with the Center for Public Resources (CPR) Institute for Dispute Resolution Rules for Non-Administered Arbitration then currently in effect. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The place of arbitration will be at a location specified by Honeywell. Either Party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Party, pending the arbitrator’s determination of the merits of the controversy. Any dispute involving intellectual property rights will be adjudicated before a court of competent jurisdiction and this section will not be binding on either Party with respect to the dispute in its entirety or any related dispute, including any portions of the dispute that do not concern intellectual property rights. Subcontractor agrees, at Honeywell’s sole discretion, to join and to participate in any dispute resolution process required by Honeywell’s contract with the customer and/or owner if any dispute relates to Subcontractor’s work. In the event that the Subcontractor makes a claim for additional compensation or any other relief that, in Honeywell’s sole judgment, arises out of acts or conditions for which the customer and/or owner may be responsible, Subcontractor will participate in the dispute resolution process with the customer and/or owner and agreed to be bound by the results.

Claims Resolution. Except as otherwise set forth below, any dispute arising out of or relating to this Agreement Subcontract will be finally resolved by a sole arbitrator in accordance with the Center for Public Resources (CPR) Institute for Dispute Resolution Rules for Non-Administered Arbitration then currently in effect. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdictionjurisdiction thereof. The place of arbitration will be at a location specified by Honeywell. Either Party party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party party also may, without waiving any remedy under this AgreementSubcontract, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Partyparty, pending the arbitrator’s determination of the merits of the controversy. Any dispute involving intellectual property rights will be adjudicated before a court of competent jurisdiction and this section will not be binding on either Party party with respect to the dispute in its entirety or any related dispute, including any portions of the dispute that do not concern intellectual property rights. Subcontractor agrees, at Honeywell’s sole discretion, to join and to participate in any dispute resolution process required by Honeywell’s contract with the customer Customer and/or owner Owner if any dispute relates to Subcontractor’s work. In the event that the Subcontractor makes a claim for additional compensation or any other relief that, in Honeywell’s sole judgment, arises out of acts or conditions for which the customer Customer and/or owner Owner may be responsible, Subcontractor will participate in the dispute resolution process with the customer Customer and/or owner Owner and agreed to be bound by the results. This Subcontract to arbitrate will not be deemed a limitation of rights or remedies under the laws of the United States of America, under applicable state mechanics’ lien laws, or under applicable labor or material payment bonds unless the rights are expressly waived by the Subcontractor. Except as otherwise set forth below, any dispute arising out of or relating to this Subcontract will be resolved through arbitration in accordance with the rules of the ADR Institute of Canada in effect at the time the dispute is arbitrated and judgment upon the award rendered following such arbitration may be entered by any court having jurisdiction thereof. The place of arbitration will be at a location specified by Honeywell. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either party also may, without waiving any remedy under this Subcontract, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the arbitrator’s determination of the merits of the controversy. Any dispute involving intellectual property rights will be adjudicated before a court of competent jurisdiction and this Section will not be binding on either party with respect to the dispute in its entirety or any related dispute, including any portions of the dispute that do not concern intellectual property rights. Subcontractor agrees, at Honeywell’s sole discretion, to join and to participate in any dispute resolution process required by Honeywell’s contract with the Customer and/or Owner if any dispute relates to Subcontractor’s work. In the event that the Subcontractor makes a claim for additional compensation or any other relief that, in Honeywell’s sole judgment, arises out of acts or conditions for which the Customer and/or Owner may be responsible, Subcontractor will participate in the dispute resolution process with the Customer and/or Owner and agree to be bound by the results. This agreement to arbitrate will not be deemed a limitation of rights or remedies under the laws of Canada, under applicable provincial builder’s and construction lien laws, or under applicable labour or material payment bonds unless the rights are expressly waived by the Subcontractor.

Claims Resolution. Except as otherwise set forth below, any dispute arising out of or relating to this Agreement Subcontract will be finally resolved by a sole arbitrator in accordance with the Center for Public Resources (CPR) Institute for Dispute Resolution Rules for Non-Administered Arbitration then currently in effect. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdictionjurisdiction thereof. The place of arbitration will be at a location specified by Honeywell. Either Party party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is otherwise resolved. Either Party party also may, without waiving any remedy under this AgreementSubcontract, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that Partyparty, pending the arbitrator’s determination of the merits of the controversy. Any dispute involving intellectual property rights will be adjudicated before a court of competent jurisdiction and this section will not be binding on either Party party with respect to the dispute in its entirety or any related dispute, including any portions of the dispute that do not concern intellectual property rights. Subcontractor agrees, at Honeywell’s sole discretion, to join and to participate in any dispute resolution process required by Honeywell’s contract with the customer Customer and/or owner Owner if any dispute relates to Subcontractor’s work. In the event that the Subcontractor makes a claim for additional compensation or any other relief that, in Honeywell’s sole judgment, arises out of acts or conditions for which the customer Customer and/or owner Owner may be responsible, Subcontractor will participate in the dispute resolution process with the customer Customer and/or owner Owner and agreed to be bound by the results. This agreement to arbitrate will not be deemed a limitation of rights or remedies under the laws of the United States of America, under applicable state mechanics’ lien laws, or under applicable labor or material payment bonds unless the rights are expressly waived by the Subcontractor.