All Disputes. In the event any dispute or claim related to construction or the contracts should arise between any of the parties to this Agreement, each party agrees to exercise good faith efforts to resolve the matter fairly, amicably, and in a timely manner. The parties shall consider litigation as a last resort, to be employed only when ADR methods fail. To this end, the parties agree to take affirmative steps to communicate effectively, to keep lines of communication open, and to handle all disputes in a reasonable and businesslike manner, which may include the use of a dispute resolution board.
All Disputes. Xxxxx and the Company each acknowledges that he or it is aware of and familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: Xxxxx and the Company each hereby waives and relinquishes all rights and benefits that he or it has against the other under Section 1542 of the California Civil Code, or the law of any other country, territory, state or jurisdiction, or common law principle, to the same or similar effect.
All Disputes. This Agreement also extends to all disputes of every nature and kind by employee against the Company whether known or unknown, suspected or unsuspected, past or present, and regardless of whether they arise out of or are attributable to the circumstances of Employee's employment or termination of employment with Company. Specifically, Employee hereby expressly waives any and all rights under Section 1542 of the California Civil Code, which reads in full as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECCTED HIS SETTLEMENT WITH THE DEBTOR." Employee acknowledges that he has separately bargained for the foregoing waiver of section 1542. Employee understands and agrees that the provisions regarding the disputes released herein be construed as broadly as possible, and incorporates herein similar federal, state or other laws, all of which are similarly waived by Employee.
All Disputes. If any disputes arise between the Agency and the University concerning any aspect of this Agreement, the Agency and the University will use their best efforts to address and resolve such disputes and the parties agree to negotiate face-to-face within twenty (20) days of receipt of a letter describing the nature of the dispute and referencing this paragraph of this Agreement. The meeting will be held on the island of Oµahu, Hawai‘i, at the place of business of the party receiving the letter unless the parties mutually agree to meet at another place.
All Disputes. In the event of any dispute or failure to agree should arise between the parties to this Contract, each party agrees to exercise good faith efforts to resolve the matter fairly, amicably, and in a timely manner. The parties shall consider litigation as a last resort, to be employed only when the methods described in this Section fail. To this end, the parties agree to take affirmative steps to communicate effectively, to keep lines of communication open, and to handle all disputes in a reasonable and businesslike manner.
All Disputes. All controversies and disputes between State and Concessionaire which arise under, or by virtue of, this Agreement, and which are not resolved by mutual agreement, shall be decided by the Director, in writing, within one hundred twenty (120) calendar days after receiving a written request by Concessionaire for a final decision concerning the controversy; provided that, if the Director does not issue a written decision within 120 calendar days after receiving a written request for a final decision, then within such longer period as may be agreed upon by the parties, Concessionaire may proceed as if an adverse decision had been received.
All Disputes. Except where otherwise specified in this Agreement, any and all disputes between or among the parties to this Agreement arising under, out of or in any way relating to this Agreement, including the execution, delivery, validity, enforceability, performance, breach, discharge, interpretation and construction of it will be determined under this section.
All Disputes. (a) Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Venue of such arbitration shall be in Xxxxxx County, Georgia.
(b) Provided, however, that notwithstanding any provision of this Agreement to the contrary the provisions of this Section 9.10 shall not apply solely with respect to : Intellectual Property Rights, for which the following disputes provision shall apply: The Parties irrevocably submit to the jurisdiction of the United States District Court for the Northern District of Georgia, and/or any state court of the State of Georgia located in Xxxxxx County in any Proceeding brought by or against such Party in connection with, arising from or relating to this Agreement, the transactions contemplated hereby and any document contemplated herein or otherwise relating hereto, and each Party hereby waives and further agrees not to assert as a defense in any such Proceeding any claim that such Party is not personally subject to the jurisdiction of any such courts, that the venue of the Proceeding is brought in an inconvenient forum or that this Agreement or the subject matter hereof may not be enforced in or by such courts.
All Disputes. All disputes between Executive (and his attorneys, successors, and assigns) and Company (and its affiliates, subsidiaries, shareholders, directors, officers, associates, agents, successors, attorneys, and assigns) arising out of or relating in any manner whatsoever to the employment or termination of Executive, including, without limitation, all disputes arising under this Agreement, (“All Claims”) shall be resolved by arbitration. All persons and entities specified in the preceding sentence (other than Company and Executive) shall be considered third-party beneficiaries of the rights and obligations created by this provision on Arbitration. All Claims shall include, but are not limited to, contract (express or implied) and tort claims of all kinds, as well as all claims based on any federal, state, or local law, statute, or regulation, excepting only claims under applicable workers’ compensation law and unemployment insurance claims. By way of example and not in limitation of the foregoing, All Claims shall include any claims arising under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the California Fair Employment and Housing Act, as well as any claims asserting wrongful termination, breach of contract, breach of the covenant of good faith and fair dealing, negligent or intentional infliction of emotional distress, negligent or intentional misrepresentation, negligent or intentional interference with contract or prospective economic advantage, defamation, invasion of privacy, and claims related to disability. The location of the arbitration shall be held at San Francisco, California. Similarly, if any lawsuit is brought (notwithstanding this arbitration provision) by either of the parties against the other, such lawsuit shall be venued in San Francisco, California.
All Disputes. The Company and Chatterjee acknowledge that they are aware of and familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." The Company and Chatterjee hereby waive and relinquish all rights and benefits that they have against each other under Section 1542 of the California Civil Code, or the law of any other country, territory, state or jurisdiction, or common law principle, to the same or similar effect.
