9Dispute Resolution Clause Samples

9Dispute Resolution. The Parties recognize that a dispute (“Dispute”) may arise relating to this Agreement or the Transactional Agreements. Any Dispute, including Disputes that may involve any Affiliates of a Party, shall be resolved in accordance with this Section 9.9.

9Dispute Resolution. If any dispute arises under this Agreement, each Party shall submit the dispute for resolution by a level of employee or officer with decision-making authority. If the dispute cannot be resolved in thirty (30) days, either Party may pursue all available remedies at law or in equity.

9Dispute Resolution. Disputed change order If the Contractor has received a disputed change order, the Contractor shall, within six (6) months of having received the disputed change order, either request a ruling from an independent expert or mediator, or institute legal proceedings or submit the dispute for arbitration in order to have its claim resolved with final effect, see Chapter 16. If the Contractor fails to do so, the work shall be deemed to fall within the scope of the Contractor’s duties under the Agreement. 4. Warranty period 4.1Scope of the warranty Unless otherwise agreed in Appendix 8, the warranty period shall be two (2) years for equipment and one (1) year for software, as from the delivery date, see Clause 2.3. The Contractor shall, during the warranty period, rectify errors and defects, replace defective parts of equipment and rectify errors in software governed by this Agreement, at no additional cost, conditional upon normal, careful use on the part of the Customer. The warranty is conditional upon the Customer having invoked errors by the expiry of the warranty period, at the latest. 4. 2Performance level Any maintenance and service beyond the warranted performance shall be specified and priced in a designated agreement, see Clause 1.5. If the parties have concluded a maintenance and service agreement, the performance level of such agreement shall also form the basis for the warranted performance. If no maintenance and service agreement has been concluded, or the parties desire it for other reasons, the performance level during the warranty period shall be specified in Appendix 1 and/or 2. All work involved in remedying errors and defects shall be commenced and completed without undue delay after the Contractor has received notice of such errors or defects. If the Contractor chooses to rectify errors during the warranty period by delivering a new version of the software, the Contractor shall not be entitled to any consideration in respect of the new version, even if it contains improvements. The Contractor may only rectify errors by way of the delivery of a new version if the Customer is able to utilise such new version on the Customer’s existing technical platform.

9Dispute Resolution. If a dispute arises under this Agreement, the Parties shall use reasonable efforts to attempt to resolve such dispute, including escalation of discussions to the appropriate level of management, prior to exercising any remedies that may exist before commencing an action against the other Party. Notwithstanding the foregoing, either Party may at any time seek equitable relief without first attempting to resolve a dispute under this Section 12.9 provided, however, that such Party notifies the other Party promptly after it files any such action.

9Dispute Resolution. In the event that the Parties are unable to agree in good faith about the occurrence or existence of a Force Majeure Event, such Dispute shall be finally settled in accordance with the Dispute Resolution Procedure; provided that the burden of proof as to the occurrence or existence of such Force Majeure Event shall be upon the Party claiming relief and/or excuse on account of such Force Majeure Event.

9Dispute Resolution. The Parties will attempt, in good faith, to resolve any dispute, controversy, or claim arising out of or relating to this Agreement, including without limitation any dispute, controversy, or claim relating to the breach or violation of this Agreement, or relating to the scope, interpretation, validity, or termination of this Agreement, promptly by negotiation between representatives who have authority to settle the dispute. If the dispute, controversy, or claim cannot be resolved by such negotiation, then either Party may bring the dispute before any court having subject matter jurisdiction over the matter.

9Dispute Resolution. If any dispute, controversy or disagreement arises between the Parties (“Dispute”), such Dispute shall be presented to the respective presidents or senior executives of Cardinal Health and Client for their consideration and resolution. If such Parties cannot reach a resolution of the Dispute within sixty (60) days, either Party may submit the Dispute to a court of appropriate jurisdiction.

9Dispute Resolution. (a) if the Parties fail to resolve any applicable Dispute in mediation or if Section 9.8(e) applies, and a Party desires to pursue resolution of the applicable Dispute, such Dispute may ​ be submitted by such Party for resolution exclusively in the United States District Court for the Southern District of New York, or in New York State Supreme Court in the Borough of Manhattan if the United States District Court does not have jurisdiction. Each of the Parties (i) consents to the exclusive jurisdiction of each such court with respect to resolution of such Dispute, (ii) waives any objection that it may have to the laying of venue in any such suit, action or proceeding in any such court, and (iii) agrees that service of any court paper may be made in such manner as may be provided under applicable laws or court rules governing service of process or by registered mail to such Party’s address set forth in Section 9.1. (b) The Parties agree to seek an early conference with the court and to advise the court of this Agreement. The Parties agree to make all filings required by the court on a schedule that will assure trial ready status eight months after the service of the first complaint and further agree to make all motions, including motions for summary judgment, on a schedule that will allow them to be fully considered by the court less than eight months after the service of the first complaint. (c) Both Parties agree to conduct discovery in a manner and on a schedule to assure completion of discovery within five months after service of the first complaint. To that end, each of the Parties agrees to pursue no more than the following discovery in the aggregate from all parties and non-parties to the action: a total of no more than 15 requests for documents (including subparts); a total of no more than 15 interrogatories (including subparts); a total of no more than 40 hours of deposition testimony from all witnesses in the aggregate, including both fact and expert witnesses; and a total of no more 20 hours of non-party witnesses. The Parties agree to work together to reach agreement to limit discovery of electronically stored information, including the use of date restrictions and file types. To obtain email, the parties to the Dispute must propound specific email production requests directed to specific issues, rather than general discovery. Email production requests shall identify the custodian, search terms, and time frame and be limited to a total of five cu...