Common use of Notice; Process Clause in Contracts

Notice; Process. A party who intends to seek arbitration must first send a written Notice of the dispute to the other party as set forth in the section entitled “Notice and Electronic Communications” below. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will use good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Climate may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Climate must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Climate will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Climate in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.