Alternative Dispute Resolution Procedures Sample Clauses
Alternative Dispute Resolution Procedures. Each of the Parties hereto will attempt in good faith to resolve any controversy or claim arising out of or relating to this Agreement promptly by use of the following procedures, in the order listed:
A. Any dispute arising out of or relating to this Agreement shall be resolved in accordance with the procedures specified in this Section 22, which shall be the sole and exclusive procedures for the resolution of any such disputes, and the Parties hereby expressly waive all rights to have any such disputes heard before a court of law, except the right to enforce an arbitration award as described hereinafter.
B. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration of this contract. Any Party may give the other Party written notice of any dispute (a "Dispute Notice") not resolved in the normal course of business. Within 15 days after delivery of a Dispute Notice, the receiving Party shall submit to the other a written response. The Dispute Notice and the response shall include (a) a statement of each Party's position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within 30 days after delivery of the disputing Party's Dispute Notice, the executives of both Parties shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one Party to the other will be honored. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
C. If the dispute has not been resolved by negotiation within 45 days after delivery of the disputing Party's Dispute Notice, or if the Parties failed to meet within 30 days, the Parties shall endeavor to settle the dispute by mediation under the then current CPR Mediation Procedure. Unless otherwise agreed, the Parties will select a mediator from the CPR Panels of Distinguished Neutrals, the cost of which shall be shared equally by the Parties.
D. Any dispute arising out of or relating to this contract including the breach, ter...
Alternative Dispute Resolution Procedures. The Parties acknowledge that, from time to time after the Effective Time, a controversy, dispute or claim (a “Dispute”) may arise relating to either Party’s rights or obligations under this Agreement or any Ancillary Agreement. The Parties agree that any such Dispute (whether arising in contract, tort or otherwise) arising out of or relating in any way to this Agreement or any Ancillary Agreement (including regarding whether any Assets are AbbVie Assets, any Liabilities are AbbVie Liabilities or the interpretation or validity of this Agreement) shall be resolved by the Alternative Dispute Resolution (“ADR”) provisions set forth in this Section 7.01 and in Schedule 7.01, the result of which shall be binding upon the Parties.
Alternative Dispute Resolution Procedures. The parties to the Agreement Regarding Change in Control dated as of the day of , 2007 (the “Agreement”) recognize that a bona fide dispute as to certain matters may arise from time to time during the term of the Agreement which relates to either party’s rights and/or obligations. To have such a dispute resolved by this Alternative Dispute Resolution (“ADR”) provision, a party first must send written notice of the dispute to the other party for attempted resolution by good faith negotiations between the Executive and the Company within twenty-eight (28) days after such notice is received (all references to “days” in the ADR provision are to calendar days). If the matter has not been resolved within twenty-eight (28) days of the notice of dispute, or if the parties fail to meet within such twenty-eight (28) days, either party may initiate an ADR proceeding as provided herein. The parties shall have the right to be represented by counsel in such a proceeding.
Alternative Dispute Resolution Procedures. 1) An employee alleging sexual harassment who has timely filed a grievance may elect to substitute a campus/hospital/laboratory SEXUAL HARASSMENT COMPLAINT RESOLUTION PROCEDURE FOR STEP 1 of the Grievance Procedure. Use of the SEXUAL HARASSMENT COMPLAINT RESOLUTION PROCEDURE shall toll the time limits for Step 1 of the Grievance Procedure only if a grievance has been timely filed, pursuant to
1. a.1 above. At any time, an employee may elect to resume the regular grievance procedure in place of the alternate procedure by written notice to the University. The University's STEP 1 Grievance response will be issued within twenty (20) calendar days after such notice is received by the designated campus/hospital/Laboratory official.
2) Grievances which allege a violation involving sexual harassment may, at the grievant’s option, enter the grievance procedure at Step 2.
Alternative Dispute Resolution Procedures. The Parties acknowledge that, from time to time after the Effective Time, a controversy, dispute or claim may arise relating to either Party's rights or obligations under this Agreement. The Parties agree that any such controversy, dispute or claim (whether arising in contract, tort or otherwise) arising out of or relating in any way to this Agreement (including regarding whether any Assets are Hospira Assets, any Liabilities are Hospira Liabilities or the interpretation or validity of this Agreement) shall be resolved by the Alternative Dispute Resolution ("ADR") provisions set forth in this SECTION 7.01 and in SCHEDULE 7.01, the result of which shall be binding upon the Parties.
Alternative Dispute Resolution Procedures. The Parties acknowledge that, from time to time after the Effective Time, a controversy, dispute or claim (a “Dispute”) may arise relating to either Party’s rights or obligations under this Agreement. The Parties agree that any such Dispute (whether arising in contract, tort or otherwise) arising out of or relating in any way to this Agreement (including the interpretation or validity of this Agreement) shall be resolved by the Alternative Dispute Resolution (“ADR”) provisions set forth in this Section 5.01 and in Schedule 5.01, the result of which shall be binding upon the Parties.
Alternative Dispute Resolution Procedures. SECTION 1. The parties agree that the Alternate Dispute Resolution (ADR) Program is to be supplemental to the Negotiated Grievance Procedures (NGP) found at Articles 10 or 11.
SECTION 2. Participation in the ADR Program is voluntary for the parties, meaning that employees may not be forced, coerced, intimidated, or retaliated or discriminated against in any way for participating, or not participating, in the ADR Program. Likewise, neither the Union nor employees will draw an adverse inference towards the Employer or any of its officials/representatives for participating, or not participating, in the ADR Program.
Alternative Dispute Resolution Procedures. 13.1 Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach or performance hereof, including, but not limited to, any disputes concerning the interpretation of the terms and provisions hereof, shall be resolved through the use of the following procedures:
(a) The Parties will initially attempt in good faith to resolve any disputes, controversy or claim arising out of or relating to this Agreement.
(b) Should the Parties directly involved in any dispute, controversy or claim be unable to resolve same within a reasonable period of time, such dispute, controversy or claim shall be submitted to the Scheduling Committee with such explanation or documentation as the Parties deem appropriate to aid the Scheduling Committee in their consideration of the issues presented. The date the matter is first submitted to the Scheduling Committee shall be referred to as the "Submission Date." The Scheduling Committee representatives shall attempt in good faith, through the process of discussion and negotiation, to resolve any dispute, controversy, or claim presented to it within forty-five (45) Days after the Submission Date.
Alternative Dispute Resolution Procedures. The Parties acknowledge that, from time to time after the Effective Time, a controversy, dispute or claim may arise relating to either Party’s rights or obligations under this Agreement. The Parties agree that any such controversy, dispute or claim (whether arising in contract, tort or otherwise) arising out of or relating in any way to this Agreement (including regarding whether any Assets are Hospira Assets, any Liabilities are Hospira Liabilities or the interpretation or validity of this Agreement) shall be resolved by the Alternative Dispute Resolution (“ADR”) provisions set forth in this Section 7.01 and in Schedule 7.01, the result of which shall be binding upon the Parties.
Alternative Dispute Resolution Procedures. Any controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall first be submitted for mediation administered by the American Arbitration Association under its Commercial Mediation Rules, before resorting to arbitration. Thereafter, any such unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration proceedings shall be conducted before a panel of three neutral arbitrators, all of whom shall be actively engaged in the practice of law for at least ten years and experienced in acquisitions and mergers. The arbitration proceedings shall be conducted in Kansas City, Missouri at the offices of the American Arbitration Association. Any provisional remedy which would be available from a court of law shall be available from the arbitrator pending arbitration. Either party may make an application to the arbitrator seeking injunctive relief until such time as the arbitration award is rendered or the controversy is otherwise resolved. The arbitrators shall have the authority to award any remedy or relief that a court of the state of Missouri could order or grant, including, without limitation, specific performance of any obligation created under the agreement, the awarding of punitive damages, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process. Limited civil discovery shall be permitted for the production of documents and taking of depositions. All discovery shall be governed by the Federal Rules of Civil Procedure. All issues regarding discovery requests shall be decided by the arbitrators.