BINDING DISPUTE Sample Clauses

BINDING DISPUTE. RESOLUTION If the matter is unresolved after submission of the matter to mediation, the Parties shall submit the matter to litigation in either the state or federal court having jurisdiction of the matter in the location of the Project. THE PARTIES EXPRESSLY AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL FOR ANY CLAIM ARISING OUT OF RELATED TO THE AGREEMENT, PROJECT, OR WORK.
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BINDING DISPUTE. RESOLUTION If the matter is unresolved after submission of the matter to a mitigation procedure or to mediation, the Parties shall submit the matter to the binding dispute resolution procedure designated herein: (Designate only one) Arbitration using the current Construction Industry Arbitration Rules of the American Arbitration Association or the Parties may mutually agree to select another set of arbitration rules. The administration of the arbitration shall be as mutually agreed by the Parties. Litigation in either the state or federal court having jurisdiction of the matter in the location of the Project.
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BINDING DISPUTE. PROCESSES If neither direct discussions nor mediation successfully resolves the dispute, the Parties shall submit the matter to the binding dispute resolution procedure selected below: [ ] X ARBITRATION Unless the Parties mutually agree otherwise in writing, all claims, disputes and matters in question arising out of, or relating to, this Agreement shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the AAA then in effect. This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. An award entered in an arbitration proceeding shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. [ ] LITIGATION Litigation in either the state or federal court having jurisdiction of the matter in the location of the Project.
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BINDING DISPUTE. RESOLUTION If the matter is unresolved after submission of the matter to a mitigation procedure or to mediation, the Parties shall submit the matter to the binding dispute resolution procedure selected below: Litigation in the county where the project is located.
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BINDING DISPUTE. RESOLUTION If the matter is unresolved after submission of the matter to a mitigation procedure or to mediation, the Parties shall submit the matter to the binding dispute resolution procedure selected below: [ ] X Arbitration using: [ X ] the current Construction Industry Arbitration Rules of the AAA and administered by the AAA; [ ] the current JAMS Engineering and Construction Arbitration Rules and Procedures and administered by JAMS; or [ ] the current arbitration rules of [ ] and administered by [ ]. Unless the Parties mutually agree otherwise in writing, if arbitration is selected as the binding dispute resolution procedure and this Agreement does not specify the arbitration rules to be utilized, then the arbitration shall be conducted using the current Construction Industry Arbitration Rules of the AAA and the arbitration shall be administered by the AAA. [_N/A _] Litigation in either the state or federal court having jurisdiction of the matter in the location of the Project.
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BINDING DISPUTE. In the event the parties do not resolve a dispute through mediation as described in Section 9.2.1 above, the method of binding dispute resolution shall be litigation in a court of competent jurisdiction in Xxxxx or Xxxx County, OH, unless the parties mutually agree otherwise.
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BINDING DISPUTE. In the event the parties do not resolve a dispute through mediation as described in Section 9.2.1 above, the method of binding dispute resolution shall be litigation in a court of competent jurisdiction, unless the parties mutually agree otherwise.
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BINDING DISPUTE. PROCESSES If direct discussions have not successfully resolved the dispute, the Parties shall submit the matter to the binding dispute resolution procedure below: LITIGATION Litigation in either the state or federal court having jurisdiction of the matter in the location of the Project.
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BINDING DISPUTE. RESOLUTION Unless the Disputing Parties otherwise agree, if the dispute is unresolved after submission of the matter to mediation, a Disputing Party shall submit the matter to the binding dispute resolution procedure designated below: ☐ ARBITRATION. The Disputing Parties choose binding arbitration of any claims and disputes arising out of or relating to this Agreement and each Party understands and EXPRESSLY AGREES TO WAIVE THE RIGHT TO BE HEARD IN A COURT OF LAW, either with or without a jury. Arbitration does not involve a judge or jury. Instead, an arbitrator with the power to award damages and other appropriate relief will decide claims and disputes. An award entered in an arbitration proceeding pursuant to this Agreement shall be final and binding upon the Disputing Parties, and judgment may be entered upon an award in any court having jurisdiction. The arbitration shall use the following rules:
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Related to BINDING DISPUTE

  • Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website xxx.xxx.xxx. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.] The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

  • Resolving Disputes The Company and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:-

  • Binding Nature This Agreement shall be binding upon, and inure to the benefit of, the successors and personal representatives of the respective parties hereto.

  • Billing Disputes 7.6.3.1 Each Party agrees to notify the other Party upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the Xxxx Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will begin:

  • BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.

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