D ispute Resolution Clause Samples
POPULAR SAMPLE Copied 9 times
D ispute Resolution. Except as otherwise specifically set forth herein, County and Engineer shall work together in good faith to resolve any controversy, dispute or claim between them which arises out of or relates to this Contract, whether stated in tort, contract, statute, claim for benefits, bad faith, professional liability or otherwise ("Claim"). If the parties are unable to resolve the Claim within thirty (30) days following the date in which one party sent written notice of the Claim to the other party, and if a party wishes to pursue the Claim, such Claim shall be addressed through non-binding mediation. A single mediator engaged in the practice of law, who is knowledgeable about subject matter of this Contract, shall be selected by agreement of the parties and serve as the mediator. Any mediation under this Contract shall be conducted in ▇▇▇▇▇▇▇▇▇▇ County, Texas. The mediator’s fees shall be borne equally between the parties. Such non-binding mediation is a condition precedent to seeking redress in a court of competent jurisdiction, but this provision shall not preclude either party from filing a lawsuit in a court of competent jurisdiction prior to completing a mediation if necessary to preserve the statute of limitations, in which case such lawsuit shall be stayed pending completion of the mediation process contemplated herein. This provision shall survive the termination of the Contract.
D ispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
D ispute Resolution. Except as otherwise provided in the Article entitled "Priority of Use," the Article entitled "Intellectual Property Rights – Invention and Patent Rights" (for those activities governed by 37 C.F.R. Part 404), and those situations where a pre-existing statutory or regulatory system exists (e.g., under the Freedom of Information Act, 5 U.S.C. § 552), all disputes concerning questions of fact or law arising under this Agreement shall be referred by the claimant in writing to the appropriate person identified in this Agreement as the "Points of Contact." The persons identified as the "Points of Contact" for NASA and the Partner will consult and attempt to resolve all issues arising from the implementation of this Agreement. If they are unable to come to agreement on any issue, the dispute will be referred to the signatories to this Agreement, or their designees, for joint resolution. If the Parties remain unable to resolve the dispute, then the NASA signatory or that person's designee, as applicable, will issue a written decision that will be the final agency decision for the purpose of judicial review. Nothing in this Article limits or prevents either Party from pursuing any other right or remedy available by law upon the issuance of the final agency decision.
D ispute Resolution. Except as otherwise provided in the Article entitled "Priority of Use," the Article entitled "Intellectual Property Rights – Invention and Patent Rights" (for those activities governed by 37 C.F.R. Part 404), and those situations where a pre-existing statutory or regulatory system exists (e.g., under the Freedom of Information Act, 5 U.S.C. § 552), all disputes concerning questions of fact or law arising under this Agreement or Annex shall be referred by the claimant in writing to the appropriate person identified in this Agreement for purposes of the activities undertaken in the Agreement, or Annex(es) for purposes of the activities undertaken in the Annex(es) as the "Points of Contact." The persons identified as the "Points of Contact" for NASA and the Partner will consult and attempt to resolve all issues arising from the implementation of this Agreement. If they are unable to come to agreement on any issue, the dispute will be referred to the signatories to this Agreement, or their designees, for joint resolution. If the Parties remain unable to resolve the dispute, then the NASA signatory or that person's designee, as applicable, will issue a written decision that will be the final agency decision for the purpose of judicial review. Nothing in this Article limits or prevents either Party from pursuing any other right or remedy available by law upon the issuance of the final agency decision.
D ispute Resolution. In those instances where a mutually satisfactory agreement cannot be reached between the Owner and the Contractor, the Project Manager shall meet with the Owner and the Contractor informally to attempt to resolve the dispute. If a resolution is not forthcoming, the dispute shall be reviewed by the Chief Executive Officer of the City or their designated representative. After such review, the decision shall be affirmed by the Governing Body of the City. All decisions made by the Governing Body shall be final and binding upon both the Owner and the Contractor.
D ispute Resolution. Except for any dispute arising out of or related to intellectual property, debt actions, specific performance, or injunctive relief - for which a party may seek immediate relief in an appropriate court as stated below - before any litigation can be initiated, the dispute must be submitted to nonbinding mediation before a mediator with at least 10 years experience as a solicitor or barrister representing semiconductor manufacturing clients. Mediation will take place in a location mutually acceptable to both parties. Each party is responsible for its own costs and expenses (including legal fees, if applicable) for the mediation. The parties will share the cost of the mediator equally. If the mediation is unsuccessful, either party may initiate litigation as stated below.
D ispute Resolution. In the event that an issue regarding or arising under this Agreement cannot be resolved by the parties, the issue will be brought to the County Board Chair for a final decision.
D ispute Resolution. 9.2.1 The Parties agree that they will attempt to resolve any controversy or dispute arising out of or in connection with this Agreement, its interpretation, performance, or termination, amicably by timely good-faith negotiation between promptly appointed and fully authorized senior management personnel.
9.2.2 In the event for any reason, including failure of a Party timely to designate authorized personnel or failure of such personnel timely to meet and negotiate or failure of such personnel to reach agreement, the controversy or dispute not settled within forty-five (45) days of such initiating written notice, then the Parties shall endeavor in good faith to settle the controversy or dispute by mediation
D ispute Resolution. 8.1 The Complaint with respect to implementation of the certification process, publication of information about the Healthcare Organization / Hospital or any other aspect of functioning of NABH, shall be lodged to the NABH who shall deal with the said complaint in accordance with the NABH policy set forth in this regard. Policy and