Common use of Mutual Discussion Clause in Contracts

Mutual Discussion. If any claim, controversy, or dispute of any kind whatsoever (a “Dispute”) shall arise among the parties (including their subsidiaries and affiliates) in connection with, relating to, or arising out of this Agreement or any other agreement contemplated hereby, including without limitation the interpretation, performance, non-performance, or termination hereof or thereof, the parties shall initially attempt to settle such Dispute through mutual discussion. Such request shall be made by any party hereto by written notice to the other parties referencing this provision. If such Dispute has not been resolved through mutual discussion within thirty (30) days following such notice, such Dispute shall be settled by binding arbitration pursuant to Section 8(i)(ii) hereof. Exhibit D – Form of Consulting Agreement (ii) Arbitration. Arbitration shall be conducted by the Arbitration and Mediation Center (the “AMC”) of Sonoma County or such other arbitration service mutually agreeable to the parties. Arbitration shall be conducted in Sonoma County, California, and in accordance with the California Arbitration Act, section 1280-1294.2 of the California Code of Civil Procedure, provided such rules are not inconsistent with the express provisions set forth in this Agreement. Arbitration shall be conducted by one (1) arbitrator with the AMC panel or such other arbitrator mutually agreeable to the parties, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Discovery may be conducted if determined necessary or appropriate by the arbitrator, but such arbitrator shall limit such discovery to the minimum necessary for preparation of the parties’ prosecution and defense of any claim made in arbitration. Costs of arbitration (including attorneys’ fees and expenses) shall be made a part of the arbitrator’s award to the prevailing party. Arbitration pursuant to this Section 8(i) shall be the parties sole and exclusive venue for resolution of a Dispute. (j)

Mutual Discussion. If any claim, controversy, or dispute of any kind whatsoever (a “Dispute”) shall arise among the parties (including their subsidiaries and affiliates) in connection with, relating to, or arising out of this Agreement or any other agreement contemplated hereby, including without limitation the interpretation, performance, non-performancenon­performance, or termination hereof or thereof, the parties shall initially attempt to settle such Dispute through mutual discussion. Such request shall be made by any party hereto by written notice to the other parties referencing this provision. If such Dispute has not been resolved through mutual discussion within thirty (30) days following such notice, such Dispute shall be settled by binding arbitration pursuant to Section 8(i)(ii13(g)(ii) hereof. Exhibit D – Form of Consulting Agreement (ii) Arbitration. Arbitration shall be conducted by the Arbitration and Mediation Center (the “AMC”) of Sonoma County or such other arbitration service mutually agreeable to the parties. Arbitration shall be conducted in Sonoma County, California, and in accordance with the California Arbitration Act, section 1280-1294.2 of the California Code of Civil Procedure, provided such rules are not inconsistent with the express provisions set forth in this Agreement. Arbitration shall be conducted by one (1) arbitrator with the AMC panel or such other arbitrator mutually agreeable to the parties, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Discovery may be conducted if determined necessary or appropriate by the arbitrator, but such arbitrator shall limit such discovery to the minimum necessary for preparation of the parties’ prosecution and defense of any claim made in arbitration. Costs of arbitration (including attorneys’ fees and expenses) shall be made a part of the arbitrator’s award to the prevailing party. Arbitration pursuant to this Section 8(i13(g) shall be the parties sole and exclusive venue for resolution of a Dispute. (j).

Mutual Discussion. If any claim, controversy, or dispute of any kind whatsoever (a “"Dispute”") shall arise among the parties (including their subsidiaries and affiliates) in connection with, relating to, or arising out of this Agreement or any other agreement contemplated hereby, including without limitation the interpretation, performance, non-performancenonperformance, or termination hereof or thereof, the parties shall initially attempt to settle such Dispute through mutual discussion. Such request shall be made by any party hereto by written notice to the other parties referencing this provision. If such Dispute has not been resolved through mutual discussion within thirty (30) days following such notice, such Dispute shall be settled by binding arbitration pursuant to Section 8(i)(ii11.13(b) hereof. Exhibit D – Form of Consulting Agreement (iib) Arbitration. Arbitration shall be conducted by the Arbitration and Mediation Center (the “"AMC”") of Sonoma County or such other arbitration service mutually agreeable to the parties. Arbitration shall be conducted in Sonoma County, California, and in accordance with the California Arbitration Act, section 1280-1294.2 of the California Code of Civil Procedure, provided such rules are not inconsistent with the express provisions set forth in this Agreement. Arbitration shall be conducted by one (1) arbitrator with the AMC panel or such other arbitrator mutually agreeable to the parties, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Discovery may be conducted if determined necessary or appropriate by the arbitrator, but such arbitrator shall limit such discovery to the minimum necessary for preparation of the parties’ ' prosecution and defense of any claim made in arbitration. Costs of arbitration (including attorneys’ ' fees and expenses) shall be made a part of the arbitrator’s 's award to the prevailing party. Arbitration pursuant to this Section 8(i) 11.13 shall be the parties sole and exclusive venue for resolution of a Dispute. (jc)