Common use of Alternative to Litigation Clause in Contracts

Alternative to Litigation. Except as provided under Section 252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 62 contracts

Samples: Resale Agreement, Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement

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Alternative to Litigation. Except as provided under Section 252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the their sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 22 contracts

Samples: Resale Agreement, Resale Agreement, Resale Agreement

Alternative to Litigation. Except as provided under Section 252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for an action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 11 contracts

Samples: Traffic Exchange Agreement, Interconnection Agreement, Resale Agreement

Alternative to Litigation. Except as provided under Section 252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 11 contracts

Samples: Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement, Interconnection, Resale and Unbundling Agreement

Alternative to Litigation. Except as provided under Section 252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without informally prior to any litigation. Accordingly, except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this informal dispute resolution process, the Parties agree to use the following informal alternative dispute resolution procedures as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 10 contracts

Samples: Interconnection and Reciprocal Compensation Agreement, Interconnection and Reciprocal Compensation Agreement, Interconnection and Reciprocal Compensation Agreement

Alternative to Litigation. Except as provided under Section 252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures procedure as the their sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 7 contracts

Samples: Interconnection, Resale and Unbundling Agreement, Interconnection Agreement, Interconnection Agreement

Alternative to Litigation. Except as provided under Section 252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for an action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use that the following alternative dispute resolution procedures as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breachshall be followed.

Appears in 3 contracts

Samples: Traffic Exchange Agreement, Traffic Exchange Agreement, Traffic Exchange Agreement

Alternative to Litigation. Except as provided under Section 252 of the Act with respect to for the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 3 contracts

Samples: Traffic Exchange Agreement, Traffic Exchange Agreement, Traffic Exchange Agreement

Alternative to Litigation. Except as provided under Section 252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, including any injunctive relief sought for the protection of Confidential Information, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Alternative to Litigation. Except as provided under Section §252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for an action seeking a temporary restraining order or order, an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use that the following alternative resolution procedures shall be used. The dispute resolution procedures as provisions of this Section shall not preclude the sole remedy with respect to Parties from seeking relief available in any controversy or claim arising out of or relating to this Agreement or its breachother forum.

Appears in 2 contracts

Samples: Interconnection, Resale and/or Unbundling Agreement, Interconnection, Resale and/or Unbundling Agreement

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Alternative to Litigation. Except as provided under Section 252 ------------------------- of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the their sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 1 contract

Samples: Interconnection Agreement (Pac-West Telecomm Inc)

Alternative to Litigation. Except as provided under Section 252 for the enforcement of the Act with respect to the approval provisions of this Agreement by the CommissionArticle 2.7 hereof, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except as otherwise stated in the preceding sentence, and except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the sole remedy procedure with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 1 contract

Samples: Interconnection Agreement (Wave2Wave Communications, Inc.)

Alternative to Litigation. Except as provided under Section 252 of the Act with respect to the approval of this Agreement by the CommissionState Commission , the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except as otherwise stated in the preceding sentence, and except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the sole remedy procedure with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 1 contract

Samples: Interconnection Agreement

Alternative to Litigation. Except as provided provi ded under Section 252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 1 contract

Samples: Interconnection, Resale and Unbundling Agreement

Alternative to Litigation. Except as provided under Section 252 of the Act with respect to the approval of this Agreement by the Commission, the Parties desire to resolve disputes arising out of or relating to this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or an injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the Parties agree to use the following alternative dispute resolution procedures as the sole remedy with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

Appears in 1 contract

Samples: Interconnection Agreement (Pac-West Telecomm Inc)

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