Remedies and Dispute Resolution Sample Clauses

Remedies and Dispute Resolution. Any dispute between the Parties arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement and with respect to the performance by ▇▇▇▇▇▇▇▇ or WinStar, shall be resolved as provided in this Article 11.

Remedies and Dispute Resolution. 35 23.1. Dispute Resolution..................................................35 23.2.

Remedies and Dispute Resolution. The Parties expressly agree to all dispute resolution and remedy provisions set forth in this Addendum and, as such, all terms in the Purchase Agreement regarding remedies of the Parties, dispute resolution, forum/venue, indemnification, mutual mistake, and the like are hereby voided, cancelled, and replaced by the terms of this Addendum regarding remedies of the Parties, dispute resolution, forum/venue, indemnification, and the like.

Remedies and Dispute Resolution. 8.1 In the event that any claim, dispute or controversy arising out of or relating to this Agreement (including the breach, termination or invalidity thereof, and whether arising out of tort or contract) cannot be resolved informally within thirty (30) days after the Dispute arises, either Party may give written notice of the Dispute (a “Dispute Notice”) to the other Party requesting that a representative of Owner’s senior management and Manager’s senior management meet in an attempt to resolve the Dispute. Each such management representative shall have full authority to resolve the Dispute and shall meet at a mutually agreeable time and place within thirty (30) days after receipt by the non-notifying Party of such Dispute Notice, and thereafter as often as they deem reasonably necessary to exchange relevant information and to attempt to resolve the Dispute. In no event shall this Section 8.1 be construed to limit either Party’s right to take any action under this Agreement. The Parties agree that if any Dispute is not resolved within ninety (90) days after receipt of the Dispute Notice given in this Section 8.1, then either Party may by notice to the other Party refer the Dispute to be decided by final and binding arbitration in accordance with Section 8.2. 8.2 Any arbitration held under this Agreement shall be held in Houston, Texas, unless otherwise agreed by the Parties, shall be administered by the Dallas, Texas office of the American Arbitration Association (“AAA”) and shall, except as otherwise modified by this Section 8.2, be governed by the AAA’s International Arbitration Rules (the “AAA Rules”). The number of arbitrators required for the arbitration hearing shall be determined in accordance with the AAA Rules. The arbitrator(s) shall determine the rights and obligations of the Parties according to the substantive law of the state of Texas, excluding its conflict of law principles, as would a court for the state of Texas; provided, however, the law applicable to the validity of the arbitration clause, the conduct of the arbitration, including resort to a court for provisional remedies, the enforcement of any award and any other question of arbitration law or procedure shall be the Federal Arbitration Act, 9 U.S.C.A. § 2. Issues concerning the arbitrability of a matter in dispute shall be decided by a court with proper jurisdiction. The Parties shall be entitled to engage in reasonable discovery, including the right to production of relevant and ma...

Remedies and Dispute Resolution. With respect to each and every breach or violation or threatened breach or violation by the Employee of Section 5 or Section 6 of this Agreement, the Company may in addition to all other remedies available to it, file a lawsuit or otherwise apply to any court of competent jurisdiction for entry of an immediate order enjoining or restraining the Employee from engaging in any such breach of violation or threatened breach or violation by the Employee. With the exception of the Company’s right to seek injunctive relief in a judicial forum for any breach or violation or threatened breach or violation by the Employee of Section 5 or Section 6 of this Agreement, all disputes between the Employee and the Company that arise out of concern, or are based, in whole or in part, upon any provision of this Agreement shall be resolved through binding arbitration conducted under the Employment Arbitration Procedures of the American Arbitration Association. The parties shall bear their own costs in any such arbitration proceeding; provided, however, that the Company shall reimburse the Employee for the Employee’s legal costs, including attorneys’ fees, incurred in such arbitration proceeding if the Employee substantially prevails in such arbitration proceeding.

Remedies and Dispute Resolution. With respect to each and every breach or violation or threatened breach or violation by the Employee of Section 5 or 6 of this Agreement, the Company may in addition to all other remedies available to it, file a lawsuit or otherwise apply to any court of competent jurisdiction for entry of an immediate order enjoining or restraining the Employee from engaging in any such breach of violation or threatened breach or violation by the Employee. With the exception of the Company’s right to seek injunctive relief in a judicial forum for any breach or violation or threatened breach or violation by the Employee of Section 5 or 6 of this Agreement, all disputes between the Employee and the Company that arise out of concern, or are based, in whole or in part, upon any provision of this Agreement shall be resolved through binding arbitration conducted under the Employment Arbitration Procedures of the American Arbitration Association. The parties shall bear their own costs in any such arbitration proceeding; provided, however, that the prevailing party shall be entitled to the recovery of its legal costs and attorneys’ fees.

Remedies and Dispute Resolution. A. Should any material disputes arise concerning any provision of this Agreement, or the rights and obligations of the Contracting Parties thereunder, including those involving possible termination or those that might cause the initiation of any administrative or judicial proceeding to enforce or interpret this Agreement, the Contracting Parties will present the issue to the Management Committee (which may request assistance from the Technical Committee) for a recommendation for resolving the dispute. B. If the Process described in the preceding subsection fails to resolve the dispute within thirty days, the Contracting Parties will submit the dispute to a mediator who has experience in water-related disputes. The costs of any such mediation will be borne one- third each by the Contracting Parties. Initiation of this mediation process will be through written notice by one Contracting Party to the other Contracting Parties. The Contracting Parties reserve all of their other remedies that may be provided by law or equity in the event that such mediation fails to resolve a dispute. The Contracting Parties, in consultation with the mediator, will use their best efforts to resolve the dispute within thirty days. Under no circumstances, however, will mediation under this Section 22 result in a requirement that diminishes, limits or contravenes the discretion, authority or any delegated authority of the Director of DWR under State law. C. If mediation fails to resolve the dispute, and prior to commencing any legal action to resolve the dispute, the Contracting Party proposing to commence legal action will provide the other Contracting Party thirty days’ written notice of such action, provided that such notice will not be required where a delay in commencing an action would prejudice the interests of the Contracting Party that intends to file suit. During the thirty-day notice period, the Contracting Parties will continue to attempt to resolve the dispute.

Remedies and Dispute Resolution. 8.1 In the event that any Dispute (including, without limitation, the breach, termination or invalidity thereof, and whether arising out of tort or contract) cannot be resolved informally within thirty (30) days after the Dispute arises, either Party may give written notice of the Dispute (a “Dispute Notice”) to the other Party and at anytime while the Project Company is a wholly-owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, the GP Board requesting that a representative of the Project Company's senior management and the Manager's senior management and at anytime while the Project Company is a wholly-owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, one or more representatives of the GP Board meet in an attempt to resolve the Dispute. Each such representative shall meet at a mutually agreeable time and place within thirty (30) days after receipt by the non-notifying Party and at anytime while the Project Company is a wholly-owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, the GP Board of such Dispute Notice, and thereafter as often as they deem reasonably necessary to exchange relevant information and to attempt to resolve the Dispute. At anytime while the Project Company is a wholly-owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, if such representatives agree to resolve any Dispute, such proposed resolution shall be submitted in writing, with reasonable detail regarding the terms thereof, to the GP Board and shall become effective solely upon the GP Board's written approval thereof. In no event shall this Section 8.1 be construed to limit either Party's right to take any action under this Agreement. The Parties agree that if any Dispute is not resolved within ninety (90) days after receipt of the Dispute Notice given in this Section 8.1 (including, without limitation, at anytime while the Project Company is a wholly-owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, due to failure of the GP Board to approve any proposed resolution), then either Party may by notice to the other Party and at anytime while the Project Company is a wholly- owned subsidiary of Cheniere Energy Partners, L.P., whether directly or indirectly, the GP Board refer the Dispute to be decided by final and binding arbitration in accordance with Section 8.2. 8.2 Any arbitration held under this Agreement shall be hel...

Remedies and Dispute Resolution. All Parties will have all remedies otherwise available to enforce the terms of the Agreement and the Permit. No party shall be liable in damages for any breach of this Agreement, any performance or failure to perform an obligation under this Agreement, or any other cause of action arising from this Agreement. The Parties agree to work together in good faith to resolve any disputes, using dispute resolution procedures agreed upon by all Parties. The Agreement can be renewed with or without modification upon the written approval of all Parties.