NEGOTIATION, MEDIATION AND ARBITRATION. 11.1 If a dispute arises out of or relates to this Agreement or its breach (the “Matter”), the parties agree to resolve the Matter as follows: (a) a party shall submit written notice of the Matter to the other party and request negotiation; (b) the parties shall attempt in good faith to resolve any Matter arising out of or relating to this Agreement promptly by negotiation between representatives which the parties may appoint; and (c) if the Matter has not been resolved within 30 days of a party’s request for negotiation, either party may request (the “Requesting Party”) that the Matter be submitted to a sole mediator selected by the Requesting party (the “Mediator Notice”). If the other party does not agree with the sole mediator selected by the Requesting party, the other party shall, within 10 days of receipt of the Mediator Notice, select a different mediator and so notify the Requesting party. The 2 mediators shall within 10 days thereafter select a third mediator who shall be the sole mediator for the mandatory one-day mediation. The sole mediator shall specify the date (which shall be within 30 days of his or her selection as the sole mediator) and the place where the mandatory one-day mediation shall take place. 11.2 If the Matter has not been resolved by such mediation, either party may submit the Matter for binding arbitration, to a sole arbitrator in accordance with the Rules of Conciliation and Arbitration of the Canadian Commerce Arbitration Centre as in effect on the date of commencement of such arbitration (the “CCAC Rules”). 11.3 If the parties fail to agree on the appointment of the sole arbitrator within 20 days after one party has served the other party, a written notice to concur in the appointment of the single arbitrator nominated by the serving party, the sole arbitrator shall be appointed in accordance with the CCAC Rules. The arbitrator shall render any final award within 20 days following the completion of evidence and arguments on the Matter. 11.4 The parties shall not be entitled to rely on or introduce as evidence before any arbitral proceedings whether or not such proceedings relate to the Matter that is the subject of the negotiations: (a) views expressed or suggestions made by another party in respect of a possible settlement of the Matter; (b) admissions or proposals made by another party in the course of negotiations; or (c) the fact that the other Party had indicated his willingness to accept a proposal for settlement made by another party. 11.5 The mediation and arbitration shall be held in ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇. The Parties, their representatives, the mediator and the arbitrator shall hold the existence, content and results or any negotiation, mediation or arbitration in confidence unless disclosure is required by law or regulation, and in such case the parties shall take reasonable precautions to only disclose what is required by law or governmental regulation. All proceedings and all pleadings shall be in English. 11.6 Any award of the arbitration shall be final and binding on the parties and shall be enforceable in any court having jurisdiction over the party from whom enforcement is requested. 11.7 The costs of any mediation, or arbitration hereunder, including administrative and arbitrator fees and the fees of the sole mediator, shall be shared equally by the parties, but each party shall bear its own costs and attorneys’ and witnesses’ fees.
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Sources: Agreement (EndoCeutics, Inc.), Agreement (EndoCeutics, Inc.), Agreement (EndoCeutics, Inc.)
NEGOTIATION, MEDIATION AND ARBITRATION. 11.1 For the purpose of this Section 9, the words "party" or "parties" include, as needed, the Vendors and the Purchaser. Subject to the specific provisions of the above-mentioned Section 8.3, in the event of a difficulty pertaining to the interpretation or the execution of this agreement or of a claim arising from it, including its termination, it is understood that the parties will first try to negotiate in good faith or to opt for mediation should the negotiation fail. If a dispute arises the mediation fails, any differences shall be submitted to arbitration, to the exclusion of the Courts of common law, pursuant to the procedure set out of or relates below. Any party to this Agreement agreement wishing to put forth a claim, dispute or its breach (the “Matter”), the parties agree to resolve the Matter as follows:
(a) a party shall submit disagreement must forward written notice of the Matter to the other party and request negotiation;(hereinafter referred to as the "notice"), containing the following:
(a) a reasonably detailed description of the claim, dispute or disagreement to be submitted for arbitration; and
b) the parties shall attempt in good faith to resolve any Matter arising out name, address and profession of or relating to this Agreement promptly by negotiation between representatives which the parties may appoint; and
person proposed as sole arbitrator. Within fifteen (c15) if days following receipt of the Matter has not been resolved within 30 days of a party’s request for negotiation, either party may request (the “Requesting Party”) that the Matter be submitted to a sole mediator selected by the Requesting party (the “Mediator Notice”). If the other party does not agree with the sole mediator selected by the Requesting partynotice, the other party shallparties must, within 10 days by way of receipt a certified letter addressed to the plaintiff, make known their acceptance of the Mediator Noticeproposed arbitrator or failing which, select the name of a different mediator and so notify the Requesting partysecond proposed arbitrator. The 2 mediators shall within 10 days thereafter select a third mediator who shall be the sole mediator for the mandatory one-day mediation. The sole mediator shall specify the date (which shall be within 30 days of his or her selection as the sole mediator) and the place where the mandatory one-day mediation shall take place.
11.2 If the Matter has not been resolved by such mediation, either party may submit the Matter for binding arbitration, to a sole arbitrator in accordance with the Rules of Conciliation and Arbitration of the Canadian Commerce Arbitration Centre as in effect on the date of commencement of such arbitration (the “CCAC Rules”).
11.3 If the parties fail to agree on the appointment selection of an arbitrator within thirty (30) days from the sending of the sole notice by the plaintiff, or if the parties fail to designate an arbitrator, the arbitrator within 20 days after must be named by way of a motion presented to the Superior Court by the more diligent party. The arbitration procedure will be the one party has served the other party, a written notice to concur provided for in the appointment articles 940 and following of the single arbitrator nominated by the serving party, the sole arbitrator shall be appointed in accordance with the CCAC Rules. The arbitrator shall render any final award within 20 days following the completion Code of evidence Civil Procedure of Quebec and arguments on the Matter.
11.4 The parties shall not be entitled to rely on or introduce as evidence before any arbitral proceedings whether or not such proceedings relate to the Matter that is the subject of the negotiations:
(a) views expressed or suggestions made by another party in respect of a possible settlement of the Matter;
(b) admissions or proposals made by another party in the course of negotiations; or
(c) the fact that the other Party had indicated his willingness to accept a proposal for settlement made by another party.
11.5 The mediation and arbitration shall will be held in ▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇the district of Quebec. The Parties, their representatives, the mediator and the arbitrator shall hold the existence, content and results or any negotiation, mediation or arbitration in confidence unless disclosure is required by law or regulation, and in such case the parties shall take reasonable precautions to only disclose what is required by law or governmental regulation. All proceedings and all pleadings shall be in English.
11.6 Any award of the arbitration decision handed down shall be final and binding on without appeal. The expenses incurred in connection with the parties and arbitration are borne by the involved parties. . The decision of the arbitrator shall be enforceable in any court having jurisdiction over handed down no lather than sixty (60) days following the party from whom enforcement is requested.
11.7 The costs of any mediation, or arbitration hereunder, including administrative and arbitrator fees and the fees hearing of the sole mediator, shall be shared equally by the parties, but each party shall bear its own costs and attorneys’ and witnesses’ fees.
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