Conflicts and Disputes Clause Samples

Conflicts and Disputes. 9.1 In the event of any inconsistency or conflict between the provisions of this Agreement and any other agreement or contract among MSPEA and the Sponsor, this Agreement shall, as between the Escrow Agent, MSPEA and the Sponsor, prevail. 9.2 In the event of any ambiguity or uncertainty under this Agreement or in any notice, instruction or other communication received by the Escrow Agent under this Agreement, the Escrow Agent may, in its sole discretion, refrain from taking any action other than to retain possession of all property held in escrow, unless the Escrow Agent receives written instructions, signed by MSPEA and the Sponsor, which eliminates such ambiguity or uncertainty. 9.3 In the event of any dispute or conflicting claims with respect to any property held in escrow, the Escrow Agent shall be entitled, in its sole discretion, to refuse to comply with any and all claims, demands or instructions with respect to such property held in escrow so long as such dispute or conflict shall continue, and the Escrow Agent shall not be or become liable in any way to any other Party or any other person or entity for failure or refusal to comply with such disputed or conflicting claims, demands or instructions. The Escrow Agent shall be entitled to refuse to act until, in its sole discretion, either (i) such conflicting or disputed claims or demands shall have been determined by a final order, judgment or decree of a court of competent jurisdiction, which order, judgment or decree is not subject to appeal, or settled by agreement between the conflicting parties as evidenced in writing that is satisfactory to the Escrow Agent or (ii) the Escrow Agent shall have received security and/or indemnity and/or pre-funding satisfactory to it sufficient to hold it harmless from and against any and all losses which it may incur by reason of so acting. Any court order, judgment or decree shall be accompanied by a legal opinion by counsel for the presenting party, satisfactory to the Escrow Agent, to the effect that said order, judgment or decree represents a final adjudication of the rights of the parties by a court of competent jurisdiction, and that the time for appeal from such order, judgment or decree has expired without an appeal having been filed with such court. The Escrow Agent shall act on such court order and legal opinions without further question and shall have no liability to any person for so acting. The Escrow Agent may, in addition, elect, in its sole discr...
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Conflicts and Disputes. In the event of any inconsistency or conflict between the provisions of this Escrow Agreement and any other agreement or contract between the other Parties, the provisions of this Escrow Agreement shall, on any matter directly connected to the escrow arrangement, prevail. The Escrow Agent shall not in any way be required to determine whether or not the terms and conditions of the PSSA or any other agreement between the Parties, have been complied with by the parties thereto.
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Conflicts and Disputes. In the event that a conflict arises as contemplated within section 6 of Schedule B-1 or section 3.04, 5.09 or section 6.10 of this Agreement, (referred to in this section 16.01 and Schedule F-1 (Conflict and Dispute Resolution Procedure) as a “Conflict”), or a dispute, controversy or claim otherwise arises out of, in connection with, or relating to this Agreement, or the breach, termination or invalidity thereof (referred to in this section 16.01 and Schedule F-1 (Conflict and Dispute Resolution Procedure) as a “Dispute”), the Conflict or Dispute, as the case may be, shall be resolved between the Parties in accordance with the Conflict and Dispute Resolution Procedure. FOIP AND CONFIDENTIALITY
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Conflicts and Disputes. As with any program, a conflict or dispute may occasionally arise due to tracking, orders, commission calculation, performance issues and appeals regarding "termination for cause". Below is outlined who to contact and how to handle any such situation. • If a concern should arise, send an email stating your full name, your affiliate ID, your address and state the specifics of your concern. Include any dates or numbers that apply. We will investigate immediately and will reply as soon as possible. • We will attempt to settle disputes in a fair manner. However, we will be open to mediation or arbitration to settle the matter. • We have NOT pre‐selected a mediator or arbitrator. We will select a non‐ biased, third party moderator, should one be needed. `Email: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Tel: (USA) 1‐850‐222‐8591 Fax: (USA) 1‐850‐222‐8485 OLP ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Tallahassee, FL 32311 USA
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Conflicts and Disputes. 6.1 In the event of any inconsistency or conflict between the provisions of this Agreement and any other agreement or contract among Windrace and the Investors, this Agreement shall, as among the Escrow Agent, Windrace and the Investors, prevail.
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Related to Conflicts and Disputes

  • Complaints and Disputes 28.1. If the Client wishes to report a complaint, he must send an email to the Company with the completed “Complaints Form” found on the Website. The Company will try to resolve it without undue delay and according to the Company’s Complaints Procedure for Clients. 28.2. If a situation arises which is not expressly covered by this Agreement, the Parties agree to try to resolve the matter on the basis of good faith and fairness and by taking such action as is consistent with market practice. 28.3. The Client’s right to take legal action remains unaffected by the existence or use of any complaints procedures referred to above.

  • Law and Disputes This agreement is governed by Federal law. (i) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted. (ii) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. (iii) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

  • JURISDICTION AND DISPUTES A. This agreement shall be governed by the ------------------------- State of Pennsylvania. B. All disputes hereunder shall be resolved in the applicable state or federal courts of Pennsylvania. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. The parties reserve the right to mutually agree to binding arbitration in accordance with the policies of the American Arbitration Association.

  • Governing Law and Disputes 12.1 The Parties will make good faith efforts to resolve, in a confidential manner, any dispute which may arise under the Agreement, by escalating it to higher levels of management, prior to resorting to litigation or other legal process.

  • Resolution of Disputes Choice of Law (a) This Transition Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to the principles of conflicts of law. (b) All suits, actions or proceedings arising out of or relating to this Transition Agreement shall be brought in a state or federal court located in San Francisco County, California, which courts shall be the exclusive forum for all such suits, actions or proceedings. Executive and the Company hereby waive any objection which either of Executive may now or hereafter have to the laying of venue in any such court, including any claim based on the doctrine of forum non conveniens or any similar doctrine, for any such suit, action or proceeding. Executive and the Company each hereby irrevocably consent and submit to the jurisdiction of the federal and state courts located in San Francisco County, California for the purposes of any suit, action or proceeding arising out of relating to this Transition Agreement. If any action is necessary to enforce the terms of this Transition Agreement, the substantially prevailing party will be entitled to reasonable attorneys’ fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled (c) EXECUTIVE AND THE COMPANY EACH HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING UNDER THIS TRANSITION AGREEMENT or related in any way to Executive’s employment and/or to the termination of Executive’s employment AND AGREE THAT ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.