3Dispute Resolution. 1The Parties shall firstly attempt to resolve any and all disputes arising out of or relating to this Agreement through friendly consultations. If a dispute is not resolved through friendly consultations, then each Party may submit the dispute to Guangzhou Arbitration Commission for arbitration in accordance with then effective arbitration rules of such commission. The arbitration shall be conducted in Guangzhou. The award of the arbitration tribunal shall be final and binding upon the Parties. The costs of arbitration shall be borne by the losing Party, unless otherwise determined by the arbitration tribunal.
3Dispute Resolution. (a) Seawolf and Armed Forces mutually desire that friendly collaboration will continue between them. Accordingly, they will try, and will cause their respective members and others to try, to resolve in an amicable manner all disagreements and misunderstandings connected with their respective rights and obligations under this Agreement, including any amendments hereto or thereto. In furtherance thereof, in the event of any dispute or disagreement (a “Dispute”) between Seawolf and Armed Forces as to the interpretation of any provision of this Agreement (or the performance of obligations hereunder), the matter, upon written request of either party, will be referred for resolution to an alternative dispute resolution process (“ADR”). If either Seawolf or Armed Forces demands mediation of the Dispute by written notice to the other, in which case the two parties will select a mediator within ten (10) days after the demand. Neither party may unreasonably withhold consent to the selection of the mediator. The parties may agree to replace mediation with some other form of non-binding ADR such as neutral fact finding or mini-trial. The use of any ADR procedures will not be construed under the doctrines of laches, waiver or estoppel to affect adversely the rights of either party. Each of Seawolf and Armed Forces will bear its own costs of mediation or other form of ADR, but both parties will share the costs of the mediator or other arbiter equally.
3Dispute Resolution. Any dispute between the Parties in connection with or relating to this Agreement or any document or instrument delivered in connection herewith (a “Dispute”) shall first be referred to the Executive Officers of the Parties, who shall confer in good faith on the resolution of the Dispute. Any final decision mutually agreed upon by the Executive Officers shall be conclusive and binding on the Parties. If the Executive Officers are not able to agree on the resolution of a Dispute within [*] (or such other period of time as mutually agreed by the Executive Officers) after such Dispute was first referred to them, then such Dispute shall be resolved by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce in force on the date on which the Notice of Arbitration is submitted (the “Rules”). The arbitration will be conducted by a panel of three (3) arbitrators appointed in accordance with the Rules; provided that each Party will, [*] after the institution of the arbitration proceedings, appoint an arbitrator, and such arbitrators will together, within [*], select a third (3rd) arbitrator as the chairperson of the arbitration panel. The seat of the arbitration shall be Geneva. The arbitral proceedings shall be conducted in English. Except as may be required by Applicable Law or to protect or pursue a legal right, neither a Party nor any arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both Parties. Each Party shall bear its own legal costs for its counsel and other expenses, and the Parties shall equally share the costs of the arbitration; provided that the arbitral tribunal shall have the discretion to provide that the losing Party is responsible for all or a portion of such arbitration and legal costs, and in such case the arbitral award will so provide. The arbitrators shall have no power to award damages excluded pursuant to Section 12.5. The [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [*], HAS BEEN OMITTED BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) IS THE TYPE THAT THE REGISTRANT TREATS AS PRIVATE OR CONFIDENTIAL. arbitral award shall be final and binding on the Parties and the Parties shall carry out the award without delay. Judgment on the award so rendered may be entered in any court of competent jurisdiction. Notwithstanding anything to the contrary herein, nothing in this Section 14.3 shall prec...
3Dispute Resolution. Any Dispute between the Parties concerning whether rejected API is in fact Nonconforming API that the Parties are unable to resolve within a ******* day period (Number of days. Redacted for confidentiality) from Xxxxx’s rejection notice will be investigated in accordance with the Quality Agreement. If the Parties still cannot agree after such investigation whether rejected API is in fact Nonconforming API, the Parties will arrange to have samples submitted to a qualified independent laboratory mutually agreed to by Noramco and Buyer for testing; or, in the event of a Dispute related to cGMP, then to a mutually agreed upon third party expert for resolution. Such laboratory will use the test methods contained in the applicable Specification. The determination as to whether all or part of such API is Nonconforming API by such laboratory or expert, as the case may be, will be final and binding on the Parties absent manifest error. The fees and expenses of the laboratory or expert, as the case may be, incurred in making such determination will be paid by Noramco if the API is determined to be Nonconforming API, and by Buyer in all other cases.
3Dispute Resolution. (a) Prior to the initiation of the dispute resolution procedures as set forth in this Section 11.3, in the event of any dispute arising out of or related to asserted Title and/or Environmental Defects under this Agreement, the principals of each Buyer and Seller capable of entering into a binding, final decision shall meet in person at Seller’s office in Houston, Texas, to discuss and attempt in good faith to resolve the dispute. If Buyer and Seller are unable to resolve the dispute in accordance with Section 11.3(a), the following provisions of this Section 11.3 shall control.
(b) Any dispute, controversy, or claim, (collectively, “Dispute”), arising out of or related to asserted Title Defects, Environmental Defects and Title Benefits shall be finally resolved by a single arbitrator as selected by the mutual written agreement of Seller and Buyer fifteen (15) days after the Parties are unable to resolve a dispute (the “Independent Expert”).
(c) The Independent Expert shall (i) with respect to Disputes related to Title Defects and Title Benefits, be qualified by a minimum of fifteen (15) years’ experience in the oil and gas industry in the regional area in which the Assets are located to pass on the particular question in dispute and (ii) with respect to Disputes related to Environmental Defects, an environmental consultant that is experienced in environmental corrective action at oil and gas properties in the relevant jurisdiction. Further, the Independent Expert shall not have performed professional services for either Party or any of their respective Affiliates during the previous three years.
(d) The Independent Expert shall promptly hear and determine (after due notice of hearing and giving the Parties a reasonable opportunity to be heard) the questions submitted, and shall render his decision as expeditiously as reasonably possible, but in no event later than twenty (20) days after the Independent Expert’s appointment. The dispute resolution proceeding shall be held in Houston, Texas and shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, to the extent such rules do not conflict with the terms of this Section 11.3. In making his determination, the Independent Expert shall be bound by the rules set forth in Section 11.1(b)(iii), Section 11.1(c)(iii) and Section 11.2(c)(iii) and, subject to the foregoing, may consider such other matters as in the opinion of the Independent Expert are necessary ...
3Dispute Resolution. 1If the Parties are unable to resolve a Disputed Matter using the process described in Section 14.2, then a Party seeking further resolution of the Disputed Matter will submit the Disputed Matter to resolution by final and binding arbitration. Whenever a Party decides to institute arbitration proceedings, it will give written notice to that effect to the other Party. Arbitration will be held in ** and administered by the International Chamber of Commerce pursuant to its ICC International Arbitration Rules then in effect (the “Rules”), except as otherwise provided herein and applying the substantive law specified in Section 15.1. The arbitration will be conducted by a panel of three (3) arbitrators appointed in accordance with the Rules; provided that each Party will, within ** after the institution of the arbitration proceedings, appoint an arbitrator, and such arbitrators will together, within **, select a third (3rd) arbitrator as the chairperson of the arbitration panel. Each arbitrator must have significant business or legal experience in the pharmaceutical business. If the two (2) initial arbitrators are unable to select a third (3rd) arbitrator within such ** period, the third (3rd) arbitrator will be appointed in accordance with Rules. After conducting any hearing and taking any evidence deemed appropriate for consideration, the arbitrators will be requested to render their opinion within ** of the final arbitration hearing. No panel of arbitrators will have the power to award damages excluded pursuant to Section 11.5 under this Agreement and any arbitral award that purports to award such damages is expressly prohibited and void ab initio. Decisions of the panel of arbitrators that conform to the terms of this Section 14.3 will be final and binding on the Parties and judgment on the award so rendered may be entered in any court of competent jurisdiction. The losing Party, as determined by the panel of arbitrators, will pay all of the ICC administrative costs and fees of the arbitration and the fees and costs of the arbitrators, and the arbitrators will be directed to provide for payment or reimbursement of such fees and costs by the losing Party. If the panel of arbitrators determines that there is no losing Party, the Parties will each bear one-half of those costs and fees and the arbitrators’ award will so provide. Notwithstanding the foregoing, each Party shall bear its own attorneys’ fees, expert or witness fees, and any other fees and costs, an...
3Dispute Resolution. The Parties agree that, if any dispute or disagreement arises between Moderna and GBIO in respect of this Agreement (each, a “Dispute”), then, subject to Section 18.9, they shall follow the following procedures in an attempt to resolve the dispute or disagreement. The term “Dispute” excludes any matter that is subject to Moderna’s final decision-making authority under Section 4.5.
3Dispute Resolution. 1The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within 20 Working Days of either Party notifying the other of the dispute.
3Dispute Resolution. The parties shall not enforce Sections 2.13.1 through 2.13.3 of this Agreement by means of slowdown, picketing, strikes or lockouts. In order to avoid unnecessary disputes over the application of this Article, the Union shall be given reasonable advance written notice of any preliminary decision to contract or subcontract work covered by Sections 2.13.1 through 2.13.
3Dispute Resolution. Except for disputes resolved by the procedures set forth in Section 1.140 (Net Sales), Section 6.12.2 (Audit Dispute), Section 6.9.5(a) (Effect of Patent Challenge; General), Section 8.3.7(b)(iii) (Recovery), Section 12.2.2(b) ([***]) or Section 13.11 (Equitable Relief), if a dispute arises between the Parties in connection with or relating to this Agreement or any document or instrument delivered in connection herewith (a “Dispute”), it will be resolved pursuant to this Section 13.3 (Dispute Resolution).