Common use of Dispute Resolution; Remedies Clause in Contracts

Dispute Resolution; Remedies. A. In the event of a dispute between the parties regarding their respective rights and obligations pursuant to this Agreement, the parties shall first attempt to resolve the dispute by negotiation. If a dispute is not resolved by negotiation, the exclusive dispute resolution process to be utilized by the parties shall be as follows: 1. Step 1. Upon failure of those individuals designated by each party to negotiate on its behalf to reach an agreement or resolve a dispute, the nature of the dispute shall be put in writing and submitted to County's County Administrator and RVS’s Manager, who shall meet and attempt to resolve the issue. If the issue in dispute is resolved at this step, there shall be a written determination of such resolution, signed by County's County Administrator and RVS’s Manager, which determination shall be binding on the parties. Resolution of an issue at this step requires concurrence of both parties' representatives. If not resolved in 30 days, this issue may be taken to Step 2. 2. Step 2. In the event a dispute cannot be resolved at Step 1, the parties shall submit the matter to mediation. The parties shall attempt to agree on a mediator. In the event they cannot agree, the parties shall request a list of five (5) mediators from the American Arbitration Association, or such other entity or firm providing mediation services to which the parties may further agree. Unless the parties can mutually agree to a mediator from the list provided, each party shall strike a name in turn, until only one name remains. The order of striking names shall be determined by lot. Any common costs of mediation shall be borne equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by both parties. Resolution of an issue at this step requires concurrence by both parties. 3. Step 3. If any dispute is not settled in Step 3, either party may request binding arbitration. The parties shall agree on an arbitrator, who shall be an attorney licensed to practice law in Oregon (or retired) or a retired Oregon judge, to resolve the dispute within ten days. If they are unable to agree on an arbitrator within that time, then each party shall appoint an arbitrator. The two arbitrators shall choose a third. If the choice of the second or third arbitrator is not made within ten days of the choosing of the prior arbitrator, then either party may apply to the presiding judge of the judicial district of ▇▇▇▇▇▇▇ County to appoint the required arbitrator. The arbitrator shall proceed according to the Oregon statutes governing arbitration, and the award of the arbitrators shall have the effect therein provided. The arbitration shall take place in ▇▇▇▇▇▇▇ County. Costs of a single or any third arbitrator shall be shared equally by the parties. Each party shall pay their own arbitrator. The arbitrators may allow discovery, as provided by Oregon law and may grant any remedy or relief which the arbitrators deem just and equitable and within the scope of the agreement of the parties, including, but not limited to, specific performance of any obligation created under the agreement, any interim or provisional relief that is necessary to protect the rights or property of the parties, or imposition of sanctions for abuse or frustration of the arbitration process. B. Parties may mutually agree in writing to waive any of the above steps, or to enter into alternate processes or additional processes.

Dispute Resolution; Remedies. A. In the event of a dispute between the parties regarding their respective rights and obligations pursuant to this Agreement, the parties shall first attempt to resolve the dispute by negotiation. If a dispute is not resolved by negotiation, the exclusive dispute resolution process to be utilized by the parties shall be as follows: 1. Step 1. Upon failure of those individuals designated by each party to negotiate on its behalf to reach an agreement or resolve a dispute, the nature of the dispute shall be put in writing and submitted to County's County Administrator City’s Chief Executive Officer and RVS’s General Manager, who shall meet and attempt to resolve the issue. If the issue in dispute is resolved at this step, there shall be a written determination of such resolution, signed by County's County Administrator City’s Chief Executive Officer and RVS’s General Manager, which determination shall be binding on the parties. Resolution of an issue at this step requires concurrence of both parties' representatives’ representative. If not resolved in 30 days, this issue may be taken to Step Sept 2. 2. Step 2. In the event a dispute cannot be resolved at Step 1, the parties shall submit the matter to mediation. The parties shall attempt to agree on a mediator. In the event they cannot agree, the parties shall request a list of five (5) mediators from for the American Arbitration Association, or such other entity or firm providing mediation services to which the parties may further agree. Unless the parties can mutually agree to a mediator from form the list provided, each party shall strike a name in turn, until only one name remains. The order of striking names shall be determined by lot. Any common costs of mediation shall be borne equally by the parties, who shall each bear their own costs and fees thereforthereof. If the issue is resolved at this step, a written determination termination of such resolution shall be ed signed by both parties. Resolution of an issue at this step requires concurrence by both parties. 3. Step 3. If any dispute is not note settled in Step 32, either party may request binding arbitration. The parties shall agree on an arbitrator, who shall be an attorney licensed to practice law in Oregon (or retired) or a retired retire Oregon judge, to resolve the dispute within ten days. If they are unable to agree on an a arbitrator within that time, then each party shall appoint an arbitrator. The two arbitrators shall choose a third. If the choice of the second or third arbitrator is not made within ten days of the choosing of the prior arbitratorarbitrator , then either party may apply to the presiding judge of the judicial district of ▇▇▇▇▇▇▇ County to appoint the required arbitrator. The arbitrator shall proceed according to the Oregon statutes governing arbitration, and the award of the arbitrators shall have the effect therein provided. The arbitration shall take place in ▇▇▇▇▇▇▇ County. Costs of a single or any third arbitrator shall be shared equally by the parties. Each party shall pay their own arbitrator. The arbitrators may allow discovery, as provided by Oregon law and may grant any remedy or relief which the arbitrators deem just and equitable and within the scope of the agreement of the parties, including, but not limited to, specific performance of any obligation created under the agreement, any interim or provisional relief that is necessary to protect the rights or property of the parties, or imposition of sanctions for abuse or frustration frustrations of the arbitration process. B. Parties may mutually agree in writing to waive any of the above steps, or to enter into alternate processes or additional processes.

Dispute Resolution; Remedies. A. In the event of a dispute between the parties regarding their respective rights and obligations pursuant to this Agreement, the parties shall first attempt to resolve the dispute by negotiation. If a dispute is not resolved by negotiation, the exclusive dispute resolution process to be utilized by the parties shall be as follows: 1. Step 1. Upon failure of those individuals designated by each party to negotiate on its behalf to reach an agreement or resolve a dispute, the nature of the dispute shall be put in writing and submitted to CountyCity's County Administrator Chief Executive Officer and RVS’s General Manager, who shall meet and attempt to resolve the issue. If the issue in dispute is resolved at this step, there shall be a written determination of such resolution, signed by CountyCity's County Administrator Chief Executive Officer and RVS’s General Manager, which determination shall be binding on the parties. Resolution of an issue at this step requires concurrence of both parties' representatives. If not resolved in 30 days, this issue may be taken to Step 2. 2. Step 2. In the event a dispute cannot be resolved at Step 1, the parties shall submit the matter to mediation. The parties shall attempt to agree on a mediator. In the event they cannot agree, the parties shall request a list of five (5) mediators from the American Arbitration Association, or such other entity or firm providing mediation services to which the parties may further agree. Unless the parties can mutually agree to a mediator from the list provided, each party shall strike a name in turn, until only one name remains. The order of striking names shall be determined by lot. Any common costs of mediation shall be borne equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by both parties. Resolution of an issue at this step requires concurrence by both parties. 3. Step 3. If any dispute is not settled in Step 32, either party may request binding arbitration. The parties shall agree on an arbitrator, who shall be an attorney licensed to practice law in Oregon (or retired) or a retired Oregon judge, to resolve the dispute within ten days. If they are unable to agree on an arbitrator within that time, then each party shall appoint an arbitrator. The two arbitrators shall choose a third. If the choice of the second or third arbitrator is not made within ten days of the choosing of the prior arbitrator, then either party may apply to the presiding judge of the judicial district of ▇▇▇▇▇▇▇ County to appoint the required arbitrator. The arbitrator shall proceed according to the Oregon statutes governing arbitration, and the award of the arbitrators shall have the effect therein provided. The arbitration shall take place in ▇▇▇▇▇▇▇ County. Costs of a single or any third arbitrator shall be shared equally by the parties. Each party shall pay their own arbitrator. The arbitrators may allow discovery, as provided by Oregon law and may grant any remedy or relief which the arbitrators deem just and equitable and within the scope of the agreement of the parties, including, but not limited to, specific performance of any obligation created under the agreement, any interim or provisional relief that is necessary to protect the rights or property of the parties, or imposition of sanctions for abuse or frustration of the arbitration process. B. Parties may mutually agree in writing to waive any of the above steps, or to enter into alternate processes or additional processes.