Common use of Voluntary Resolution Clause in Contracts

Voluntary Resolution. Reference to Other Means of Resolution: In recognition of the government-to-government relationship between the Tribe and the County, the parties will make their best efforts to resolve disputes that occur under this Agreement by good faith negotiations whenever possible. Therefore, without prejudice to the right of either party to seek injunctive relief against the other when circumstances are deemed to require immediate relief, the parties hereby establish a threshold requirement that disputes between the Tribe and the County first be subjected to a process of meeting and conferring in good faith in order to ▇▇▇▇▇▇ a spirit of cooperation and efficiency in the administration and monitoring of performance and compliance by each other with the terms, provisions, and conditions of this Agreement, as follows: (a) Either party will give the other, as soon as possible after the event giving rise to the concern, a written notice setting forth, with specificity, the issues to be resolved. (b) The Parties will meet and confer in a good faith attempt to resolve the dispute through negotiation not later than ten (10) days after receipt of the notice, unless both Parties agree in writing to an extension of time. (c) If the dispute is not resolved to the satisfaction of the parties within 30 calendar days after the first meeting, then either party may seek to have the dispute resolved by an arbitrator in accordance with this Section. (d) Disagreements that are not otherwise resolved by arbitration or other mutually acceptable means as provided in this Section may be resolved through arbitration utilizing the American Arbitration Association’s Commercial Arbitration Rules. The disputes to be submitted to arbitration include, but are not limited to, claims of breach or violation of this Agreement. In no event may the Tribe be precluded from pursuing any arbitration or judicial remedy against the County on the grounds that the Tribe has failed to exhaust its administrative remedies. The parties agree that, except in the case of imminent threat to the public health or safety, reasonable efforts will be made to explore alternative dispute resolution avenues prior to resorting to the arbitral process.