Judicial Resolution. If the parties hereto are not able to resolve the Dispute concerning this Agreement as set forth in Section 9.1 above within sixty (60) calendar days, upon the initial written request as provided in Section 9.1.1, then the parties shall have the option and right to resolve such Dispute by judicial or other equitable resolution.
Judicial Resolution. If the dispute is not or cannot be resolved by meeting and conferring and/or mediation, then any disputing Party may commence an action in the Superior Court of Monterey County.
Judicial Resolution. Final actions subject to section 9(e) of the Northwest Power Act are not subject to arbitration under this Agreement and shall remain within the exclusive jurisdiction of the United States Court of Appeals for the Ninth Circuit. Such final actions include, but are not limited to, the establishment and the implementation of rates and rate methodologies. Any dispute regarding any rights or obligations of «Customer Name» or BPA under any rate or rate methodology, or BPA policy, including the implementation of such policy, shall not be subject to arbitration under this Agreement. For purposes of this section 12, BPA policy means any written document adopted by BPA as a final action in a decision record or record of decision that establishes a policy of general application or makes a determination under an applicable statute or regulation. If BPA determines that a dispute is excluded from arbitration under this section 12, then «Customer Name» may apply to the federal court having jurisdiction for an order determining whether such dispute is subject to nonbinding arbitration under this section 12.
Judicial Resolution. If there is a failure to resolve a Dispute relating to a Material Breach through mediation as set forth above, any Party may initiate appropriate proceedings for a Material Breach of the Agreement and to seek any remedy allowed at law or in equity. In the event any Party recovers damages as a consequence of such Judicial Resolution (“Recovering Party”), such Recovering Party may, consistent with the more specific provisions of Section 7.5.3 above, offset the amount of any judgment against any prospective sums due from such Recovering Party to the other Party, including but not limited to any prospective Permitted Investment Payments..
Judicial Resolution. Final actions subject to section 9(e) of the Northwest Power Act are not subject to arbitration under this Agreement and shall remain within the exclusive jurisdiction of the United States Court of Appeals for the Ninth Circuit. Such final actions include, but are not limited to, the establishment and the implementation of rates and rate methodologies. Any dispute regarding any rights or obligations of Port Xxxxxxxx or BPA under any rate or rate methodology, or BPA policy, including the implementation of such policy, shall not be subject to arbitration under this Agreement. For purposes of this section 14 BPA policy means any written document adopted by BPA as a final action in a decision record or record of decision that establishes a policy of general application or makes a determination under an applicable statute or regulation. If BPA determines that a dispute is excluded from arbitration under this section 14 then Port Xxxxxxxx may apply to the federal court having jurisdiction for an order determining whether such dispute is subject to nonbinding arbitration under this section 14.
Judicial Resolution. Tenant has the option to pursue Judicial Resolution. Tenant shall give written notice to Landlord of its intent to pursue Judicial Resolution (“Tenant Notice of Suit”). Upon receipt of such a Tenant Notice of Suit, Landlord shall have the following options:
Judicial Resolution. If there is a failure to resolve a Dispute through mediation as set forth above, any Party may initiate appropriate proceedings to obtain a judicial resolution of the Dispute (“Judicial Resolution”). This provision is not and does not constitute a waiver by Landlord, UT System, or U.T. of any rights of sovereign immunity any may have under the Constitution and laws of the State of Texas, all of which are expressly reserved.
Judicial Resolution. (1) For clarity, neither Party may seek to invoke this Part 23 to oust the jurisdiction of a court competent to adjudicate a Dispute.
Judicial Resolution. The last sentence of section 22.1 shall be deleted and replaced by the following: “If BPA determines that a dispute is excluded from nonbinding arbitration under this section 22, then Ashland may apply to the federal court having jurisdiction for an order determining whether such dispute is subject to nonbinding arbitration under this section 22.”
Judicial Resolution. Except as set forth in section 11.1, all other controversies or claims relating to or arising under this Agreement shall be resolved by courts of competent jurisdiction. The appropriate forum and governing law for any such judicial action will be the same as contemplated for arbitral actions set forth in section 11.1 and each party hereby consents to such forum and governing law regardless of any conflict of laws, jurisdiction, venue or convenience considerations.
