Common use of Arbitration or Litigation Clause in Contracts

Arbitration or Litigation. 6.2.1 Xxxxxx and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of Xxxxxx, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Xxxxxx and Client agree that all Disputes shall be resolved by binding arbitration or litigation at the sole discretion and choice of Xxxxxx. If Xxxxxx chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA. 6.2.2 Client hereby agrees that Xxxxxx shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Xxxxxx and a subconsultant or subcontractor of Xxxxxx or Xxxxxx and any other person or entity, regardless of who originally initiated such proceedings. 6.2.3 If Xxxxxx chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in Lincoln, Nebraska, the location of Xxxxxx’x home office. 6.2.4 Except to the extent prohibited by law, the prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute. In the event of a Dispute involving a Claim (as hereinafter defined) against Xxxxxx, Xxxxxx shall be considered the “prevailing party” if Client is awarded materially less than the full amount of damages claimed by the Client in connection with the Dispute. In all other Disputes, “prevailing party” shall mean the party (if any) who obtains all, or substantially all, of the relief requested by that party in connection with the Dispute.

Arbitration or Litigation. 6.2.1 Xxxxxx Olsson and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of XxxxxxOlsson, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Xxxxxx Olsson and Client agree that all Disputes shall be resolved by binding arbitration or litigation at the sole discretion and choice of XxxxxxOlsson. If Xxxxxx Olsson chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA. 6.2.2 Client hereby agrees that Xxxxxx Olsson shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Xxxxxx Olsson and a subconsultant or subcontractor of Xxxxxx Olsson or Xxxxxx Olsson and any other person or entity, regardless of who originally initiated such proceedings. 6.2.3 If Xxxxxx Olsson chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in Lincoln, Nebraska, the location of Xxxxxx’x Olsson’s home office. 6.2.4 Except to the extent prohibited by law, the prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute. In the event of a Dispute involving a Claim (as hereinafter defined) against XxxxxxOlsson, Xxxxxx Olsson shall be considered the “prevailing party” if Client is awarded materially less than the full amount of damages claimed by the Client in connection with the Dispute. In all other Disputes, “prevailing party” shall mean the party (if any) who obtains all, or substantially all, of the relief requested by that party in connection with the Dispute.

Arbitration or Litigation. 6.2.1 Xxxxxx and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of Xxxxxx, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Xxxxxx and Client agree that all Disputes shall be resolved by binding arbitration or litigation at the sole discretion and choice of Xxxxxx. If Xxxxxx chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA. 6.2.2 Client hereby agrees that Xxxxxx shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Xxxxxx and a subconsultant or subcontractor of Xxxxxx or Xxxxxx and any other person or entity, regardless of who originally initiated such proceedings. 6.2.3 If Xxxxxx chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in LincolnWeld County, Nebraska, the location of Xxxxxx’x home officeColorado. 6.2.4 Except to the extent prohibited by law, the prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute. In the event of a Dispute involving a Claim (as hereinafter defined) against Xxxxxx, Xxxxxx shall be considered the “prevailing party” if Client is awarded materially less than the full amount of damages claimed by the Client in connection with the Dispute. In all other Disputes, “prevailing party” shall mean the party (if any) who obtains all, or substantially all, of the relief requested by that party in connection with the Dispute.

Arbitration or Litigation. 6.2.1 Xxxxxx and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of Xxxxxx, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Xxxxxx and Client agree that all Disputes shall be resolved by binding arbitration or litigation at the sole discretion and choice of Xxxxxx. If Xxxxxx chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA. 6.2.2 Client hereby agrees that Xxxxxx shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Xxxxxx and a subconsultant or subcontractor of Xxxxxx or Xxxxxx and any other person or entity, regardless of who originally initiated such proceedings. 6.2.3 If Xxxxxx chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in LincolnPolk County, Nebraska, the location of Xxxxxx’x home officeIowa. 6.2.4 Except to the extent prohibited by law, the prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute. In the event of a Dispute involving a Claim (as hereinafter defined) against Xxxxxx, Xxxxxx shall be considered the “prevailing party” if Client is awarded materially less than the full amount of damages claimed by the Client in connection with the Dispute. In all other Disputes, “prevailing party” shall mean the party (if any) who obtains all, or substantially all, of the relief requested by that party in connection with the Dispute.