Official Dispute Clause Samples

The Official Dispute clause establishes a formal process for resolving disagreements between parties to a contract. Typically, it outlines the steps that must be taken when a dispute arises, such as providing written notice, engaging in negotiation or mediation, and possibly escalating to arbitration or litigation if necessary. This clause ensures that both parties have a clear, agreed-upon method for addressing conflicts, thereby reducing uncertainty and helping to prevent prolonged or unresolved disputes.
Official Dispute this method is available if there is any dispute over an assessment provided that the Customer has not previously selected the method in clause 4.2.3 of this Schedule 4 and involves: (a) A new representative sample being drawn from the truck in the presence of the Customer’s representative and the sample being divided into 3 equal sub-samples; (b) the Customer sending one sub-sample to the Western Australian government’s Department of Primary Industry and Regional Development together with payment for the relevant charge; (c) CBH storing the Delivery as assessed by CBH’s sampler and your Grain Entitlement being adjusted (if required) as assessed by the Western Australian government’s Department of Primary Industry and Regional Development which result shall be final. CBH will weigh any Grain offered up for delivery by road on certified weighbridges. Grain can only be delivered by rail at a select number of CBH sites (due to the lack of appropriate equipment to receive grain by rail) and will be weighed using CBH’s certified weighing equipment. CBH and the Customer may make alternative arrangements to calculate the weight of Grain being delivered. CBH will provide the Customer with a record of weight received when its vehicle is weighed following completion of unloading and the Customer agrees that: 5.2.1 it or its Agent will check and confirm that the information recorded is an accurate statement of the amount and grade of Grain delivered to CBH; and 5.2.2 if the Customer or its Agent leaves the weighbridge without disputing the correctness of the weight determined it will be deemed to have accepted that the weight recorded is correct.
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Official Dispute this method is available if there is any dispute over an assessment provided that the Customer has not previously selected the method in clause 4.2.3 of this Schedule 4 and involves:
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Related to Official Dispute

  • Legal Disputes In the event of a legal dispute over ownership of the Newborn Stem Cells or the rights to dispose of the Newborn Stem Cells, ViaCord will continue to provide banking services, provided that all payments have been and continue to be made, until such time as ViaCord is presented with a final court order that mandates a change in ownership. At such time, the new owner will be provided an opportunity to sign a new ViaCord Service Agreement or otherwise provide ViaCord with instructions to discontinue banking services. Absent an undisputed instruction from the Account Owner or Child, as indicated above, or a final court order, ViaCord will continue to store the Newborn Stem Cells as long as banking service fees continue to be paid.

  • Dispute In the event of any dispute whatsoever in respect of the sale, the Purchaser hereby expressly agrees to resolve the same with the Assignee.

  • Informal Dispute Resolution (a) Prior to the initiation of formal dispute resolution procedures (i.e., arbitration), the Parties shall first attempt to resolve their dispute at the senior manager level. If that level of dispute resolution is not successful, the Parties shall proceed informally, as follows: (i) Upon the written request of either Party, each Party shall appoint a designated representative who does not otherwise devote substantially full time to performance under this Agreement, whose task it will be to meet for the purpose of endeavoring to resolve such dispute. (ii) The designated representatives shall meet as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue that the Parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and attempt to resolve the dispute without the necessity of any formal proceeding. (iii) During the course of discussion, all reasonable requests made by one Party to another for non-privileged non-confidential information reasonably related to this Agreement shall be honored so that each of the Parties may be fully advised of the other's position. (iv) The specific format for the discussions shall be left to the discretion of the designated representatives. (b) Prior to instituting formal proceedings, the Parties will first have their chief executive officers meet to discuss the dispute. This requirement shall not delay the institution of formal proceedings past any statute of limitations expiration or for more than fifteen (15) days. (c) Subject to Subsection (b), formal proceedings for the resolution of a dispute may not be commenced until the earlier of: (i) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) Thirty (30) days after the initial written request to appoint a designated representative pursuant to Subsection (a), above, (this period shall be deemed to run notwithstanding any claim that the process described in this Section 11.2 was not followed or completed). (d) This Section 11.2 shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to avoid the expiration of any applicable limitations period, or to preserve a superior position with respect to other creditors or as provided in Section 11.6(a).

  • ▇▇▇▇▇▇▇ Money Dispute Notwithstanding any termination of this Agreement, the Parties agree that in the event of any controversy regarding the release of the ▇▇▇▇▇▇▇ Money that the matter shall be submitted to mediation as provided in Section XXIII.

  • Arbitration of All Disputes Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in Chicago, Illinois, in accordance with the laws of the State of Illinois, by three arbitrators appointed by the parties. If the parties cannot agree on the appointment of the arbitrators, one shall be appointed by the Company and one by the Executive and the third shall be appointed by the first two arbitrators. If the first two arbitrators cannot agree on the appointment of a third arbitrator, then the third arbitrator shall be appointed by the Chief Judge of the United States Court of Appeals for the Seventh Circuit. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association, except with respect to the selection of arbitrators which shall be as provided in this paragraph 12. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In the event that it shall be necessary or desirable for the Executive to retain legal counsel or incur other costs and expenses in connection with enforcement of his rights under this Agreement, the Company shall pay (or the Executive shall be entitled to recover from the Company, as the case may be) his reasonable attorneys' fees and costs and expenses in connection with enforcement of his rights (including the enforcement of any arbitration award in court). Payments shall be made to the Executive at the time such fees, costs and expenses are incurred. If, however, the arbitrators shall determine that, under the circumstances, payment by the Company of all or a part of any such fees and costs and expenses would be unjust, the Executive shall repay such amounts to the Company in accordance with the order of the arbitrators. Any award of the arbitrators shall include interest at a rate or rates considered just under the circumstances by the arbitrators.