Enforcement and Dispute Resolution Clause Samples

Enforcement and Dispute Resolution. A. The terms of the Agreement and Consent Judgment applicable to the State, Nassau and Suffolk Counties, other Participating Subdivisions, and other Releasors will be enforceable solely by Allergan, the State, Nassau County, and Suffolk County. B. Allergan and Released Entities consent to the jurisdiction of the Court, in which the Consent Judgment is filed, solely for the resolution of disputes arising out of this Agreement, including, without limitation, disputes regarding the scope of the releases hereunder. C. The parties to a dispute hereunder shall promptly meet and confer in good faith to resolve any dispute prior to any filing or presentation to the Court.

Enforcement and Dispute Resolution. All claims, disputes, disagreements or other matter in question (hereinafter “claims”) between the parties to this Agreement arising out of or relating to this Agreement or breach thereof, including but not limited to the non-litigated matters, shall be subject to the dispute resolution procedure set forth herein; save and except for the enforcement and remedial provisions otherwise governed by Tribal Ordinance, e.g. TERO and liquor, where not inconsistent with the terms and conditions of this Agreement. Any party having a claim shall give written notice to the other party of the details of the claim. Within ten (10) days after written notification of the claim, representatives of the parties shall meet and endeavor within 14 days thereafter to negotiate a resolution in good faith. The representatives of the parties will include, at a minimum, one or more members of the Board of Directors or administration of the Tribe and Port ▇▇▇▇▇ with decision making authority for their respective party. In the event any claim cannot be resolved by good faith negotiations within the 14 days stated above, either party has the right of have the claim arbitrated and may invoke this right by giving notice of demand for arbitration to the other party. Within sixty (60) days after a demand for arbitration, the Parties shall submit the claim to an arbitrator from the Judicial Arbitration and Mediation Service (JAMS) in Seattle, Washington or another mutually agreed arbitrator. The parties shall agree on an impartial arbitrator from JAMS, but if they are unable to do so within thirty (30) days from the date written demand for arbitration is made, the arbitrator shall be selected by the administrator of JAMS on three (3) days notice. Any arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in effect. If it is necessary to implement any arbitration decision, judgment may be entered and enforced in the Superior Court of the State of Washington for Snohomish County or the Tulalip Tribal Court. The non-prevailing party in any arbitration, as determined by the arbitrator, will be responsible to pay all reasonable attorney’s fees and costs of the prevailing party. The Parties expressly waive any sovereign immunity either may have, but only to the extent necessary to allow arbitration of claims and enforcement of any arbitration award as referenced herein.

Enforcement and Dispute Resolution. (a) Subject always to paragraph (b) below, in the event the Parties at a staff level are not able to resolve a disagreement over the interpretation or application of any Contribution Agreement provision in any circumstance (including the result of any audit conducted under Section 6.1), or in the event one Party has not performed an obligation or followed through with a commitment set out in this Contribution Agreement and the Parties cannot agree on what measures or steps should be taken, and by who, to rectify or remedy the situation, and to mitigate the potential adverse impacts to the MLBE Project, the Parties will immediately refer the matter in dispute to the Vice President of Transportation Planning or the Vice President of Real Estate and Strategic Sourcing (depending on the subject matter) at TransLink and the General Manager of Planning, Urban Design and Sustainability, the General Manager of Real Estate and Facilities Management or the General Manager of Engineering (depending on the matter to be resolved) at the City who will meet in person on a priority basis to diligently discuss in good faith a possible resolution. If such individuals cannot resolve the matter in dispute within 15 days of it being referred to them by meeting in person (or such other time as the Parties agree), the Parties will immediately refer the matter in dispute to the CEO of TransLink and the City Manager of the City for resolution. If the CEO of TransLink and the City Manager of the City cannot resolve the matter in dispute within 15 days of meeting in person (or such other time as the Parties agree), either Party may refer the matter to be resolved by binding arbitration, in accordance with the rules of the British Columbia International Commercial Arbitration Centre and if such rules are silent with respect to discovery of documents each Party will be entitled to full discovery of documents and examination for discovery as provided by the Supreme Court Civil Rules (British Columbia), or any other rules agreed to by the Parties. (b) Despite paragraph (a) above, nothing in this Section 6.2 or elsewhere in this Contribution Agreement modifies or affects the applicability of the dispute resolution provisions of the Street Use Agreement, Millennium Line Access Agreement, or prior PPAs to any dispute involving the subject matter of those other agreements, unless the subject matter of such dispute overlaps with the subject matter of this Contribution Agreement, in which cas...

Enforcement and Dispute Resolution. A. The terms of the Agreement and Consent Judgment applicable to the State will be enforceable solely by the State and ▇▇▇▇▇▇▇. Participating Subdivisions shall not have enforcement rights against ▇▇▇▇▇▇▇ with respect to the Agreement or Consent Judgment except as to payments that would be allocated to the Qualified Settlement Fund for subdivision use; provided, however, that the State shall establish a process for Participating Subdivisions to notify it of any perceived violations of the Agreement or Consent Judgment. ▇. ▇▇▇▇▇▇▇ consents to the jurisdiction of the court in which the Consent Judgment is filed, limited to resolution of disputes identified in subsection XI.D for resolution in the court in which the Consent Judgment is filed. C. The parties to a dispute shall promptly meet and confer in good faith to resolve any dispute. If the parties cannot resolve the dispute informally, and unless otherwise agreed in writing, they shall follow the remaining provisions of this section to resolve the dispute. D. Disputes not resolved informally shall be resolved in the Court that entered the Consent Judgment.

Enforcement and Dispute Resolution. This Agreement shall be construed and enforced in accordance with the laws of the State of Michigan. Any and all disputes, controversies or claims arising out of or in connection with or relating to this Agreement, or any breach or alleged breach thereof, shall, at the request of either party, be submitted to and settled by arbitration in the State of Michigan pursuant to the rules, then in effect, of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties involved). The parties hereto specifically agree to arbitrate with the other party in a joint proceeding with regard to all common issues and disputes, and to permit pre-hearing discovery in the time and manner provided by the then applicable Michigan Court Rules. This Agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed, in writing, with the other party to this Agreement and with the American Arbitration Association. The demand for arbitration shall be made within six (6) months after the claim, dispute, or other matter in question arose where the party asserting the claim should reasonably have been aware of the same. The arbitrator shall have no power to add to, subtract from, or alter the terms of this Agreement, and shall render a written decision setting forth findings and conclusions only as to the claims or disputes at issue. The expenses of any arbitration shall be borne equally by the parties to such arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and counsel’s fees. Any award by the arbitrator shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court for the forum, state or federal, having jurisdiction.

Enforcement and Dispute Resolution. Any and all disputes, claims, issues and disagreements (collectively referred to in this Paragraph as "Disputes" and, in the singular, as a "Dispute") arising out of or relating to this Agreement or the breach of this Agreement shall be resolved exclusively in the manner set forth in this Paragraph, except that Landlord may seek possession of the Premises and certain rents and damages by litigation as permitted by California Code of Civil Procedure Sections 1161, et seq.

Enforcement and Dispute Resolution. A. The terms of the Agreement and Consent Judgment applicable to the State will be enforceable solely by the State and ▇▇▇▇▇▇▇. ▇. ▇▇▇▇▇▇▇ consents to the jurisdiction of the Court in which the Consent Judgment is filed, limited to resolution of disputes identified in subsection X.D for resolution in the Court in which the Consent Judgment is filed. C. The parties to a dispute shall promptly meet and confer in good faith to resolve any dispute. If the parties cannot resolve the dispute informally, and unless otherwise agreed in writing, they shall follow the remaining provisions of this section to resolve the dispute. D. Disputes not resolved informally shall be resolved in the Court that entered the Consent Judgment.

Enforcement and Dispute Resolution a. If a Customer's question or concern cannot be satisfied through this process, TRUCE has further committed to refer unresolved privacy complaints under EU-US Privacy Shield and Swiss-US Privacy Shield to an independent dispute resolution mechanism operated by the Council of Better Business Bureaus. b. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by TRUCE, EU and Swiss individuals may bring a complaint before the BBB EU and Swiss Privacy Shield program, information for which can be found at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/programs/all-programs/bbb-privacy-shield/eu-dispute-resolution. c. Finally, as a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism. Information may be found at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/.

Enforcement and Dispute Resolution. Should AFFILIATE fail to maintain compliance with this or any relevant Federal or State Statute or regulation, or other regulation or requirement incorporated by reference, AFFILIATE will be notified in writing of all deficiencies in its role as an AFFILIATE, or in the provision of services, or in any way failing to comply with this agreement. CDDO will provide technical assistance as necessary. Affiliate will have thirty (30) days – or less time if the health and safety of person(s) served warrant – to address with a corrective action plan or resolve any deficiency as specified in the official notification. Should the AFFILIATE fail in this responsibility, CDDO may take appropriate action in accordance with K.A.R. 30-64-22 which may result in the following: A. Suspending Affiliate’s ability to provide services to additional persons or B. Imposing a fine of not greater than $125/day or C. Termination of this agreement. This is not an all-inclusive list of consequences. If Affiliate does not agree with any determination by CDDO, Affiliate may utilize the dispute resolution process outlined in CDDO Policy and Procedure on Dispute Resolution.