Common use of Dispute Resolution; Remedies Clause in Contracts

Dispute Resolution; Remedies. If disputes arise under this Contract, the parties will first attempt to settle them through good faith negotiations under this process: (a) the initiating party will present a written explanation of the nature of the grievance and remedy requested; (b) within 10 business days after receiving such a statement, the other will respond by granting the requested remedy, counterproposing a different remedy, or explaining why the grievance does not justify any remedy; (c) if the matter is not settled within 10 days after the response is received, either party may request nonbinding mediation before an impartial, mutually acceptable mediator, with each party paying half the mediator’s fees and the mediator choosing the mediation venue. Unless otherwise agreed, the mediator must have at least five years of experience mediating commercial disputes. Only if the parties are unable to reach a settlement through this mediation process may suit be filed. This Contract is governed by the laws of the State of Delaware, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Contract. Any action or proceeding arising out of this Contract will be litigated in courts located in the State of Delaware, USA. Each party consents and submits to the jurisdiction of any local, state, or federal court located in the State of Delaware, USA. The substantially prevailing party will recover all of its litigation costs including reasonable attorneys’ fees. The parties will have all remedies available to them at law or in equity. All available remedies are cumulative and may be exercised singularly or concurrently.

Dispute Resolution; Remedies. If disputes arise under this Contract, the parties will first attempt to settle them through good faith goodfaith negotiations under this process: (a) the initiating party will present a written explanation of the nature of the grievance and remedy requested; (b) within 10 business days after receiving such a statement, the other will respond by granting the requested remedy, counterproposing a different remedy, or explaining why the grievance does not justify any remedy; (c) if the matter is not settled within 10 days after the response is received, either party may request nonbinding mediation before an impartial, mutually acceptable mediator, with each party paying half the mediator’s fees and the mediator choosing the mediation venue. Unless otherwise agreed, the mediator must have at least five years of experience mediating commercial disputes. Only if the parties are unable to reach a settlement through this mediation process may suit be filed. This Contract is governed by the laws of the State of Delaware, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Contract. Any action or proceeding arising out of this Contract will be litigated in courts located in the State of Delaware, USA. Each party consents and submits to the jurisdiction of any local, state, or federal court located in the State of Delaware, USA. The substantially prevailing party will recover all of its litigation costs including reasonable attorneys’ fees. The parties will have all remedies available to them at law or in equity. All available remedies are cumulative and may be exercised singularly or concurrently.