Common use of Alternative Dispute Resolution (ADR) Clause in Contracts

Alternative Dispute Resolution (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this Contract, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY prior to filing suit or otherwise pursuing legal remedies. (b) The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY procedures. (c) In the event that CITY procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation.

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

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Alternative Dispute Resolution (ADR). (a) In the event of a dispute related to any performance or payment obligation arising under this ContractAgreement, the parties agree to exhaust any alternative dispute resolution procedures reasonably imposed by the CITY TPO prior to filing suit or otherwise pursuing legal remedies. (b) The CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration to the CITY TPO in alternative dispute resolution procedures or which the CONTRACTOR had knowledge and failed to present during the CITY TPO procedures. (c) In the event that CITY TPO procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation.

Appears in 2 contracts

Samples: Human Resources Services Agreement, Janitorial Services Agreement

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