Common use of ISSUES AND DISPUTE RESOLUTION Clause in Contracts

ISSUES AND DISPUTE RESOLUTION. 4.1. The Province and the Ktunaxa Parties will endeavour to resolve issues or disputes that may arise about this Agreement or its implementation in a manner that fosters an improved, ongoing, and respectful government-to-government relationship between the Parties. 4.2. If a dispute arises regarding the interpretation or implementation of this Agreement, the Parties will pursue a staged approach to dispute resolution. 4.3. Representatives of the Parties will first seek to resolve a dispute through informal discussion at the relevant committee or forum identified above. If any Party is not satisfied with the outcome of those discussions, it may, within 60 days, provide a written notice to the other Parties that summarizes the dispute and identifies that Party’s preferred resolution or outcome. 4.4. If the other Parties agree with or do not oppose the preferred resolution or outcome, the dispute will be considered resolved. If agreement is not reached within 30 days of the written notice, the Party that provided the written notice may elevate the issue to the leadership forum for discussion. The Parties will convene a Leadership Forum meeting as soon as practicable to discuss and seek resolution of the dispute and may, by agreement, use third party mediators or facilitators to support the Leadership Forum. 4.5. Nothing in this part prevents a Party from commencing legal proceedings at any time: (a) to prevent the loss of a right to commence proceedings due to the expiration of a limitation period; or (b) to obtain interlocutory or interim relief that is otherwise available pending resolution of a dispute under this part.