Common use of Arbitration and Remedies Clause in Contracts

Arbitration and Remedies. In the event of any dispute under the terms of this Agreement, the following rules shall apply: A. Any Dispute shall first be submitted to mediation with a mediator selected jointly by the parties. B. If the parties are unable to settle the dispute through mediation, then any controversy or claim arising out of or relating to this Agreement or any agreements or instruments relating hereto or delivered in connection herewith, or arising out of or relating to any aspect of the past, present or future relationships of the parties hereto, but including any claim based on or arising from an alleged tort seeking money damages as a remedy, shall, at the request of any party, be determined by binding arbitration in accordance with and under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. EMS shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any noticed breach of this agreement. including but not limited to customary attorneyʼs fees as may be assessed in any litigation, legal preparation, discovery, process actions or services as provided by accredited legal council retained by EMS for any matters related to this agreement. Such remedy shall not be deemed to be the exclusive remedy but shall be, in addition to all other remedies listed herein, available at law or equity to EMS.