Agreement Disputes. Except as specifically provided in any Ancillary Agreement, any controversy, dispute or claim arising out of, in connection with, or in relation to the interpretation, performance, nonperformance, validity, termination, enforcement or breach of this Agreement, or otherwise arising out of, or in any way related to this Agreement or the transactions contemplated hereby, including any claim based on contract, tort, statute or constitution (collectively, “Agreement Disputes”) shall be determined by binding arbitration according to the following provisions, as the sole and exclusive means of resolving such dispute, claim or controversy.
Agreement Disputes.
6.9.1. In the event of a dispute, claim or controversy (“Dispute”) arising out of or related to this Agreement, the Parties agree that it is in their mutual best interest to meet as promptly as possible for the purpose of informally resolving said Dispute.
6.9.2. In the event that the Parties cannot resolve their Dispute informally after attempting to work in good faith toward resolution, the Parties agree that Disputes arising out of this Agreement will be administratively adjudicated in accordance with A.R.S. § 2903.01(b)(4), the relevant portions of Arizona’s Administrative Procedures Act, and AHCCCS’ rules pertaining to appeals and grievances.
6.9.3. AHCCCS may take any action described in the Financial Provisions, and/or sections 6.7 (“Agreement Remedies”) or 6.8 (“Agreement Termination”) of these Terms and Conditions prior to initiating or engaging in any process described under Section 6.9 (“Agreement Disputes and Arbitration”) of these Terms and Conditions. The Contractor may use the process described under Section 6.9 (“Agreement Disputes and Arbitration”) of these Terms and Conditions to appeal such an action.
Agreement Disputes. In the event of a controversy, dispute or claim arising out of, in connection with, or in relation to the interpretation, performance, nonperformance, validity or breach of this Agreement or otherwise arising out of, or in any way related to this Agreement, including, without limitation, any claim based on contract, tort, statute or constitution (singly, an "Agreement Dispute" and collectively, "Agreement Disputes"), the party asserting the Agreement Dispute shall give written notice to the other party of the existence and nature of such Agreement Dispute. Thereafter, the general counsels (or other designated representatives) of the respective parties shall negotiate in good faith for a period no less than 60 days after the date of the notice in an attempt to settle such Agreement Dispute. If after such 60 calendar day period such representatives are unable to settle such Agreement Dispute, any party hereto may commence arbitration by giving written notice to all other party that such Agreement Dispute has been referred to the American Arbitration Association for arbitration in accordance with the provisions of this Article.
Agreement Disputes. In accordance with Section 2306.082 of the State Act, it is the TDHCA’s policy to encourage the use of appropriate alternative dispute resolution procedures (“ADR”) under the Governmental Dispute Resolution Act and the Negotiated Rulemaking Act (Chapters 2009 and 2006 respectively, Texas Government Code), to assist in the fair and expeditious resolution of internal and external disputes involving the TDHCA and the use of negotiated rulemaking procedures for the adoption of TDHCA rules. As described in Chapter 154, Civil Practices and Remedies Code, ADR procedures include mediation. Except as prohibited by TDHCA’s ex parte communications policy, TDHCA encourages informal communications between TDHCA staff and the Owner, to exchange information and informally resolve disputes. TDHCA also has administrative appeals processes to fairly and expeditiously resolve disputes. If at any time the Owner would like to engage TDHCA in an ADR procedure, the Owner may send a proposal to TDHCA’s Dispute Resolution Coordinator. For additional information on TDHCA’s ADR policy, see TDHCA’s Alternative Dispute Resolution and Negotiated Rulemaking at 10 TAC §1.17.
Agreement Disputes. 8.1 Any disputes arising between the Parties as to the interpretation of the terms and conditions of this Agreement or the satisfactory performance thereof by any of the parties or related to any of the services and other responsibilities specified within this Agreement shall be resolved in accordance with the following: STEP A: District’s President and/or Solicitor, and the Township’s Mayor and/or Solicitor shall attempt to resolve the matter. If no settlement is reached within a twenty (20) day period, both parties agree to submit the matter as provided for in Step B below. STEP B: In the event that a dispute cannot be resolved as provided in Step A, then the matter can be resolved via filing a complaint in Cape May County Superior Court.
Agreement Disputes. 20 8.2.Arbitration in Accordance with American Arbitration Association Rules...
Agreement Disputes. 12.1 Matters not covered in the agreement will be negotiated separately by both parties. If necessary, both parties may enter into a supplementary agreement under the conditions of this Agreement. The attachments to this Agreement and the supplementary agreement shall have the same legal effect as this Agreement. If there is a dispute between the two parties and they cannot negotiate amicably, it will be handled in accordance with the relevant national laws;
12.2 During the validity period of this agreement, neither party shall modify or change the contents of this agreement without the written consent of both parties;
12.3 During the validity period of this agreement, if either party A or B violates the above agreement, or a dispute arises during the performance of this agreement, both parties shall negotiate and resolve it in a friendly spirit. The maximum period of negotiation shall not exceed [30] days. ; If negotiation fails, either party may file a lawsuit with the People’s Court where the project is located.
Agreement Disputes. Except as specifically provided in Section 6.4 and any Ancillary Agreement, in the event of a controversy, dispute or claim arising out of, in connection with, or in relation to the interpretation, performance, nonperformance, validity, termination or breach of this Agreement or otherwise arising out of, or in any way related to this Agreement or the transactions contemplated hereby, including any claim based on contract, tort, statute or constitution (but excluding any controversy, dispute or claim arising out of any Contract relating to the use or lease of real property if any third party is a necessary party to such controversy, dispute or claim) (collectively, “Agreement Disputes”), all such Agreement Disputes shall be submitted to binding arbitration for resolution according to the following provisions, provided, however, that if the aggregate amount in controversy, dispute or claim (or any series of related controversies, disputes or claims) of any Agreement Dispute is less than $250,000, the Parties agree that such controversy, dispute or claim shall not be submitted to Arbitration pursuant to this ARTICLE IX and that the Party who shall have identified the Agreement Dispute shall have no further recourse under this ARTICLE IX or under any applicable Law.
Agreement Disputes. Tenant and Landlord waive trial by jury and further agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Fremont County within the State of Colorado.
Agreement Disputes. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Agreement is not disposed of in a reasonable period of time by District and County‘s Project Manager (identified in Section 12), such matter shall be brought to the attention of OC Public Works, by way of the following process:
i. District shall submit to OC Public Works a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Agreement, unless County, on its own initiative, has already rendered such a final decision.
ii. District’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Agreement, District shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Agreement adjustment for which District believes County is liable.
iii. Pending the final resolution of any dispute arising under, related to, or involving this Agreement and subject to Section 21, Termination, of this Agreement, which provides each Party to terminate this Agreement without penalty immediately with cause or after 45 days written notice with cause, District agrees to diligently proceed with the performance of this Agreement, including the delivery of goods and/or provision of services up to the date of termination. District’s failure to diligently proceed up to the date of termination shall be considered a material breach of this Agreement.
iv. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by a senior official of OC Public Works. If County fails to render a decision within 90 days after receipt of District’s demand, it shall be deemed a final decision adverse to District’s contentions. County’s final decision shall be conclusive and binding regarding the dispute unless District commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of County’s final decision or one year following the accrual of the cause of action, whichever is later.
