Common use of Enforcement and Dispute Resolution Clause in Contracts

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. All claimsA. The Parties covenant and agree that, disputesif either party determines the other is in violation of one or more terms of this Agreement, 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 party shall provide notice to the non-litigated matters, shall other in writing of what actions or inactions are deem to 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 in violative of this Agreement. Any Within thirty (30) days of receipt of such notice, the party having a claim receiving the notice shall give written notice respond to the other notice in writing. If the Parties still dispute compliance with this Agreement, within an additional sixty (60) days, the Parties will meet and confer in a good faith attempt to informally resolve their dispute. If the Parties cannot informally resolve the dispute, they shall first attempt to resolve such dispute through non-binding mediation, using a mutually agreed upon mediator for resolution. Should the non-binding mediation be unsuccessful, then the Parties will enter into binding arbitration, conducted by an arbitrator agreed to by the Parties. Either party may request that the presiding Judge 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 Santa ▇▇▇▇▇ with decision making authority for their respective party. In County Superior Court select an arbitrator if the event any claim Parties 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 arbitratorreach agreement. 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 noticebinding and not subject to appeal. Any The arbitration shall be conducted in accordance with the arbitration rules and procedures of JAMS/Endispute or other conventional rules agreed to by the American Arbitration Association then Parties. The arbitrator shall be empowered to determine a prevailing party and award payment of reasonable attorneys’ fees and costs to that party. To the extent there are multiple issues with a different prevailing party for one or more issues, the arbitrator may take those facts into account in effect. If it is necessary to implement any arbitration decision, judgment may be entered terms of an award for fees and enforced in the Superior Court of the State of Washington for Snohomish County or the Tulalip Tribal Courtcosts. The non-prevailing party in any arbitration, as determined by shall also bear the costs of the arbitrator’s fees. Otherwise, will be responsible to pay all reasonable River Watch and the District shall each bear their own costs and attorney’s fees and costs of the prevailing party. incurred in connection with such mediation or arbitration. B. The Parties expressly waive any sovereign immunity agree that the processes of mediation and arbitration must advance as quickly as possible. C. If River Watch asserts the District is in violation of this Agreement, and the District corrects the action or inaction within sixty (60) days of notice from River Watch, no further enforcement action under the terms of this Agreement shall be taken by either may have, but only to the extent necessary to allow arbitration of claims and enforcement of any arbitration award as referenced hereinparty.

Enforcement and Dispute Resolution. All claimsA. The Parties covenant and agree that, disputes, disagreements if either party determines the other is in violation of one 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 more terms and conditions of this Agreement. Any party having a claim , they shall give written provide notice to the other in writing of what actions or inactions they deem to be in violation. Within thirty (30) days of receipt of such notice, the party receiving the notice shall respond to the notice in writing. If the Parties still dispute compliance with this Agreement, within an additional sixty (60) days, the Parties will meet and confer in a good faith attempt to informally resolve their dispute. If the Parties cannot informally resolve the dispute, they shall first attempt to resolve such dispute through non- binding mediation, using a mutually agreed upon mediator for resolution. Should the non- binding mediation be unsuccessful, then the Parties will enter into binding arbitration, conducted by an arbitrator agreed to by the Parties. Either party may request that the presiding Judge 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 Santa ▇▇▇▇▇ with decision making authority for their respective party. In County Superior Court select an arbitrator if the event any claim Parties 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 arbitratorreach agreement. 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 noticebinding and not subject to appeal. Any The arbitration shall be conducted in accordance with the arbitration rules and procedures of JAMS/Endispute or other conventional rules agreed to by the American Arbitration Association then Parties. The arbitrator shall be empowered to determine a prevailing party and award payment of reasonable attorneys’ fees and costs to that party. To the extent there are multiple issues with a different prevailing party for one or more issues, the arbitrator may take those facts into account in effect. If it is necessary to implement any arbitration decision, judgment may be entered terms of an award for fees and enforced in the Superior Court of the State of Washington for Snohomish County or the Tulalip Tribal Courtcosts. The non-prevailing party in any arbitration, as determined by shall also bear the cost of the arbitrator’s fees. Otherwise, will be responsible to pay all reasonable River Watch and the District shall each bear their own costs and attorney’s fees and costs of the prevailing party. incurred in connection with such mediation or arbitration. B. The Parties expressly waive any sovereign immunity agree that the processes of mediation and arbitration must advance as quickly as possible. C. If River Watch asserts the District is in violation of this Agreement and the District corrects the action or inaction within sixty (60) days of notice from River Watch, no further enforcement action under the terms of this Agreement shall be taken by either may have, but only to the extent necessary to allow arbitration of claims and enforcement of any arbitration award as referenced hereinparty.