Common use of Remedies and Dispute Resolution Clause in Contracts

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. 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- 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.