Bona Fide Dispute Sample Clauses

Bona Fide Dispute. When a bona fide dispute arises, all remedies and recourses provided by this Agreement shall be exhausted, or an arbitrator shall rule in favour of the Director, in whole or in part, prior to any disbursement from the security.
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Bona Fide Dispute. Notwithstanding the provisions of section 20.02, neither Owner nor Operator shall be entitled to take any of the actions contemplated in section 20.02, save and except for the commencement of any legal proceedings (in which case the provisions of sections 24.09 and 24.10 regarding jurisdiction and service of process shall govern) seeking such mandatory, declaratory or injunctive relief as may be necessary to define or protect the rights and enforce the obligations contained in this Agreement pending the resolution of a Dispute, if before the expiration of the 30 day notice period referred to in section 20.02, notice of a Dispute has been delivered in accordance with section 21.02(a) with respect to any of the foregoing events of default, and the procedures set forth in sections 21.02(b) and (c) are being pursued in good faith (except that for this purpose under section 21.02(b), the requirement of a 30 day negotiation period under section 21.02(a) shall be inapplicable and the period within which to appoint an expert under section 21.02(b) shall commence on the date of delivery of notice of a Dispute).
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Bona Fide Dispute. The Parties agree this Settlement Agreement is a bona fide resolution of disputed claims. Nothing in this Settlement Agreement is a concession that Releasees violated any law.
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Bona Fide Dispute. 38 16.05 Four Seasons' Right to Terminate . . . . . . . . . . . . . 39 16.06 Cross-Termination . . . . . . . . . . . . . . . . . . . . . 40 16.07
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Bona Fide Dispute. Notwithstanding the provisions of section 16.02, neither Circus nor Four Seasons shall be entitled to take any of the actions contemplated in section 16.02, save and except for the commencement of any legal proceedings (in which case the provisions of sections 20.08 and 20.09 regarding jurisdiction and service of process shall govern) seeking such mandatory, declaratory or injunctive relief as may be necessary to define or protect the rights and enforce the obligations contained in this Agreement pending the resolution of a Dispute, if before the expiration of the 30 day notice period referred to in section 16.02, notice of a Dispute has been delivered in accordance with section 17.02(a) with respect to any of the foregoing events of default and the procedures set forth in section 17.02(b) and (c) are being pursued in good faith (except that for this purpose under section 17.02(b), the requirement of a 30 day negotiation period under section 17.02(a) shall be inapplicable and the period within which to appoint an expert under section 17.02(b) shall commence on the date of delivery of notice of a Dispute); provided that neither Circus nor Four Seasons shall commence any such legal proceedings seeking to enjoin the development and construction of the Hotel.
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Bona Fide Dispute. In the event of any bona fide dispute as to liability for taxes assessed or other indebtedness, Franchisee or the Principal Shareholders may contest the validity or the amount of the tax or indebtedness in accordance with procedures of the taxing authority or applicable law; however, in no event shall Franchisee or the Principal Shareholders permit a tax sale or seizure by levy of execution or similar writ or warrant, or attachment by a creditor, to occur against the Premises, the Restaurant or any improvements thereon.
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Bona Fide Dispute. If, following receipt of an invoice, Service Recipient notifies Service Provider in writing of a bona fide dispute concerning the Services Fees or Disbursements payable under such invoice (indicating in such notice the basis for its dispute), Service Recipient shall pay any undisputed amount but shall be entitled to withhold the amount in dispute pending resolution between the respective senior executive of each Party within thirty (30) days such notice. If, following the expiry of such thirty–day (30) period, the disagreement has not been resolved, such matter shall be resolved in accordance with Clause 21.1. The Parties’ respective obligations under this Agreement shall in no way be affected by any bona fide dispute in relation to the Services Fees or Disbursements or payment of them.
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Related to Bona Fide Dispute

  • No Labor Dispute No labor disturbance by or dispute with the employees of any of the Partnership Entities exists or, to the knowledge of the Partnership Parties, is imminent or threatened that could reasonably be expected to have a Material Adverse Effect.

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

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

  • Patent Disputes Notwithstanding any other provisions of this Article 11, and subject to the provisions of Section 6.2, any dispute, controversy or claim relating to the scope, validity, enforceability or infringement of any Intrexon Patents shall be submitted to a court of competent jurisdiction in the country in which such Patent was filed or granted.

  • Audit Dispute In the event of a dispute with respect to any audit under Section 4.10, AbbVie and Licensee shall work in good faith to resolve the disagreement. If the Parties are unable to reach a mutually acceptable resolution of any such dispute within [***], the dispute shall be submitted for resolution to a certified public accounting firm jointly selected by each Party’s accountants or to such other Person as the Parties shall mutually agree (the “Audit Arbitrator”). The decision of the Audit Arbitrator shall be final and the costs of such arbitration as well as the initial audit shall be borne between the Parties in such manner as the Audit Arbitrator shall determine. Not later than [***] after such decision and in accordance with such decision, Licensee shall pay the additional amounts, with interest from the date originally due as provided in Section 4.9, or AbbVie shall reimburse the excess payments, as applicable.

  • Termination Procedures and Compensation During Dispute 7.1. After a Change in Control and during the term of this Agreement, any purported termination of the Executive's employment (other than by reason of death) shall be communicated by written Notice of Termination from one party hereto to the other party hereto in accordance with Section 10 hereof. For purposes of this Agreement, a "

  • Litigation; Disputes No legal action may be brought against NCCI, its shareholders, officers, employees, and/or agents for actions taken reasonably and in good faith in fulfilling the specifically stated responsibilities of NCCI under this Agreement. NCCI reserves the right to obtain a determination from a court of competent jurisdiction as to the ownership of funds and/or documents in its possession in the event it receives conflicting instructions, instructions which are, in the opinion of NCCI, inconsistent with this Agreement, or if NCCI fails to receive instructions which NCCI concludes that it requires to fulfill its duties under this Agreement. NCCI shall be entitled to reimbursement for all costs, including reasonable attorney’s fees and court costs/expenses incurred by NCCI in connection with obtaining any such determination, and/or in defending any claim made or legal action taken in connection with this Agreement or the agreement(s) between BUYER/MAKER and SELLER/HOLDER which are the subject matter of this collection, except as otherwise specified herein. SELLER/HOLDER hereby gives to NCCI a continuing lien on the proceeds to which they are otherwise entitled under this Agreement to cover such fees, costs and/or expenses.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.

  • Informal Dispute Resolution Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:

  • Arbitration Dispute Resolution Company and Executive express expressly agree that, except for disputes arising out of alleged violations related to proprietary inventions and confidential information, all disputes arising out of this Agreement shall be resolved by arbitration in accordance with the following provisions. Either party must demand in writing such arbitration within one hundred and twenty (120) days after the controversy arises by sending a notice to arbitrate to both the other party and to the American Arbitration Association (“AAA”). The controversy shall then be arbitrated, pursuant to the rules promulgated by the AAA (the “Rules”), in the state of California. The parties will select by mutual agreement the arbitrator or arbitrators to herein resolve the controversy; provided, however, that, the parties cannot mutually agree as to the arbitrator, then the arbitrator shall be selected by the AAA in accordance with the Rules. The arbitrator’s decision shall be final and binding on the parties and shall bar any suit, action or proceeding instituted in any federal, state or local courts for administrative tribunal. Notwithstanding the preceding sentence, the arbitrator’s judgment may be entered in any court of competent jurisdiction. Disputes arising under the sections for compensation and termination upon compensation may be litigated and injunctive relief sought in any court having jurisdiction over the subject matter of such dispute.

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