Agreement to Mediate Disputes. Except as otherwise provided in this Agreement, neither party to this Agreement shall bring an action or proceeding to enforce or interpret any provision of this Agreement, or seeking any legal remedy based upon the relationship created by this Agreement or an alleged breach of this Agreement, until the dispute has been submitted to mediation conducted in accordance with the procedures stated in this Agreement.
Agreement to Mediate Disputes. In the event that any dispute arises between the Parties in relation to this Sub-Agreement, or out of this Sub-Agreement, and the dispute is not resolved after good-faith by negotiations, the Parties shall agree to submit the dispute to non-binding mediation. The Parties further agree that their participation in mediation is a condition precedent to any Party pursuing any other available remedy in relation to the dispute. Any Party to the dispute may give written notice to the other Party of his or her desire to commence mediation, and a mediation session must take place within [30] days after the date that such notice is given. The Parties must jointly appoint a mutually acceptable mediator. If the Parties are unable to agree upon the appointment of a mediator within [7] days after a Party has given notice of a desire to mediate the dispute, any Party may apply to any organization or person agreed to by the Parties in writing, for appointment of a mediator. The Parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a Party for representation by counsel at the mediation.
Agreement to Mediate Disputes. In the event that any dispute arises between the parties in relation to this Agreement, or out of this Agreement, and the dispute is not resolved by negotiation, the parties agree to submit the dispute to mediation. The parties further agree that their participation in mediation is a condition precedent to any party pursuing any other available remedy in relation to the dispute. Any party to the dispute may give written notice to the other party of his or her desire to commence mediation, and a mediation session must take place within thirty (30) days after the date that such notice is given. The parties must jointly appoint a mutually acceptable mediator. If the parties are unable to agree upon the appointment of a mediator within seven (7) days after a party has given notice of a desire to mediate the dispute, any party may apply to an organization or person agreed to by the parties in writing, for appointment of a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a party for representation by counsel at the mediation. [Signature Page to Follow] The parties are signing this Agreement as of the last date set forth below: [CLIENT]*** XXXXXXXX CAPITAL MANAGEMENT Client Signature Date Adviser Signature Name (Print) Name (Print) Date Client Signature Date Name (Print) Address City, State, Zip Code *** If the Account is administered by one or more fiduciaries, each should sign and indicate the capacity in which he or she is acting. If the account is an XXX, the person signing on the Client’s behalf represents that he or she is the owner of the XXX. If the Account is for a pension or other employee benefit plan, each person signing on the Client’s behalf represents that he or she is a named fiduciary/trustee of such plan. If the Client is signing on behalf of his or her spouse, the Client acknowledges that he or she has such authority to do so. Schedule A ACCOUNTS The assets to be managed under this Agreement will be held in the following custodial account(s) established by you with Xxxxxxx Xxxxxx & Co.: Schedule B INVESTMENT RESTRICTIONS AND GUIDELINES The investment restrictions and guidelines to be followed by XXXXXXXX CAPITAL MANAGEMENT in managing your account are set forth below. (Please describe investment restrictions and guidelines below or attach a separate statement.) Client’s Signature: Client’s Signature: Date: Date: Adviser’s Signature: Date: Xxxxxxx X. Xxxxxxxx Schedule...
Agreement to Mediate Disputes. Other than with respect to Sections 8 or 13 of this Consulting Agreement, if any dispute arises out of or relates to this Management Consulting Agreement or the breach of this Agreement, the parties agree in the first instance, in good faith, to settle the dispute by mediation administered by the American Arbitration Association under its Rules for Professional Accounting and Related Services Disputes before resorting to litigation. The costs of any mediation proceeding shall be borne equally by the Consultant and the Company.
