Breach and Dispute Resolution. If a party believes that another party has breached this agreement, it shall provide written notice of the breach within 30 days of discovery of the breach to all other parties and provide the breaching party a reasonable opportunity (but in all cases at least 30 days from delivery of such notice) to cure the breach. Failure to provide notice within such 30-day period only waives the rights with respect to the periods from after the expiration of such 30-day period and until the date when the notice was given. If there is a dispute between the involved parties as to whether a breach occurred, the involved parties agree to attempt to resolve the dispute beginning with Project Owner and representatives of the DAF and NORAD. Disputes may be elevated, on the part of the DoD parties, to the DAF headquarters and then to the Executive Director of the Siting Clearinghouse. If the breach is not cured or resolved after this initial dispute resolution process, any party may seek to enforce this agreement. Each party specifically reserves any and all rights or causes of action it may have either at law or in equity to require compliance with any provision of this agreement. Each party reserves the right to enforce or refrain from enforcing against another party the terms of this agreement as it sees fit and failure to enforce does not act to excuse future breaches.
Breach and Dispute Resolution. 8.1 Should any Party (“the guilty party”) commit a breach of this MOU and fail or refuse to rectify that breach within fourteen (14) days after receipt of a written notice from the other Party (the “innocent party”), calling upon the guilty party to rectify that breach, the innocent party shall be entitled, without prejudice to any other of his rights, to forthwith cancel this MOA by written notice to the guilty party and the amount as paid by the Project Sponsor for the Bursary awarded to the Bursary Recipient will be due and payable and recoverable.
8.2 Notwithstanding any provision to the contrary in this MOA, the Project Sponsor shall be entitled to institute any delictual, contractual or other claim against any of the other Parties for any indirect or consequential losses or damages (including without limitation, loss of profit, loss of use, loss of production, loss of business, or loss of business opportunity) due to any cause whatsoever.
8.3 The Parties hereby consent to the jurisdiction of the North High Court of South Africa located in the Gauteng Province for purposes of executing legal disputes and contractual claims against the other party.
Breach and Dispute Resolution. 6.1 Should any Party to this Agreement commit a breach of any of the terms and conditions hereof, and remain in default for a period of seven (7) days after receipt by it of written notice from the other Party/Parties calling for such breach to be remedied, without prejudice to any other rights they may have hereunder or in law, to terminate this Agreement by written notice to that effect given to the defaulting Party.
6.2 Either Party may summarily terminate this Agreement, at any time, by providing to the other ("the defaulting Party") notice of such termination if: the defaulting Party is, other than for the purposes of reconstruction or amalgamation, placed under voluntary or compulsory winding up order, business rescue or under receivership or under the equivalent of any of the foregoing; or the defaulting Party makes any arrangement or composition with its creditors generally, or ceases or threatens to cease to carry on business;
6.3 In the event that this Agreement is terminated, as described herein, each Party shall forthwith return to the other all papers, materials, and other properties of the other then in its possession.
6.4 Any dispute which arises shall be referred to a committee consisting of one (1) member appointed by each of the Parties, or alternates appointed by them, who will use their best efforts to resolve the dispute within fourteen (14) calendar days of the dispute having been referred to them.
6.5 Should the committee be unable to resolve a dispute in accordance with clause 6.4 above, then such dispute may be submitted to and decided by litigation in terms of clause 19 below.
Breach and Dispute Resolution. 1. It shall be deemed as in default where any party fails to perform the provisions of this contract without the consent of the other party; both parties agree that the liquidated damages shall be RMB 10000; the breaching shall be liable for the compensation in the case that liquidated damages is not adequate to make up the losses of the non-breaching party.
2. Any dispute arising out of, or in connection with this contract shall be settled by friendly consultation of both parties, where the dispute is not settled through consultation, action can be brought to the competent People’s Court.
Breach and Dispute Resolution. Disputes which cannot be resolved informally by the parties shall be decided in writing by the New Mexico State Purchasing Director. The Contractor has ten (10) days from receipt of the decision to file a written appeal with the New Mexico State Purchasing Director. Upon appeal, the Contractor will be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the New Mexico State Purchasing Director on appeal shall be binding.
Breach and Dispute Resolution. In the event of breach of any material and/or substantive term of this Agreement, whether expressly defined as material and/or substantive or not, the affected Party shall deliver a notice to the other containing specific details of the alleged breach and requesting remedy of that breach within seven (7) calendar days after delivery of the notice. Save as expressly otherwise provided in this Agreement, any dispute arising out of or in connection with this Agreement, including any dispute as to its existence, validity, enforceability or termination, shall be finally resolved in accordance with the applicable rules of the Arbitration Foundation of Southern Africa (“AFSA”), provided that the rules for expedited arbitrations shall not apply unless the Parties to the dispute agree otherwise in writing. The dispute shall be resolved by an arbitrator appointed by AFSA. You agree to accept the decision of the arbitrator as final and binding. The seat of arbitration shall be Johannesburg, South Africa, with provision made for electronic hearings where possible. The language to be used in the arbitral proceedings shall be English. The arbitration shall be held in private and, without derogating from the confidentiality provisions contained in this Agreement, the confidentiality provisions of the International Arbitration Act 15 of 2017 shall apply as if the arbitration were an international arbitration, as contemplated in the Act. Notwithstanding anything to the contrary with respect to the arbitration process set out above, any party to the dispute shall be entitled to obtain interim relief on an urgent basis from any competent court having jurisdiction.
Breach and Dispute Resolution. Should the parties to this Agreement fail to resolve any controversy or claim arising out of or relating to the interpretation or application of any term or provision set forth herein, or the alleged breach thereof, such controversy or claim shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon any award rendered pursuant to the terms set forth herein may be entered in any court having jurisdiction of the party against whom the award is rendered. Any award rendered pursuant to the terms and conditions set forth herein shall be final and binding upon the parties and their Affiliates. Any arbitration held pursuant to this Agreement shall be held in Washington, D.C., or such other site as the parties may mutually agree. All costs and expenses including reasonable attorney's fees and the fees and expenses of the arbitrators and the AAA, incurred in the enforcement of this Agreement shall be paid to the prevailing party by the non-prevailing party, provided that the same may be apportioned between the parties by the arbitrators if they determine that each party has prevailed in part. Notwithstanding the foregoing, either party may, on good cause shown, seek a temporary restraining order and/or a preliminary inunction from the court of competent jurisdiction, to be effective pending the institution of the arbitration process and the deliberation and award of the arbitration panel.
Breach and Dispute Resolution. If a Party believes that another Party has breached this agreement, it shall provide written
Breach and Dispute Resolution. 5.1. The Practice and COORDINARE agree to work together in good faith to resolve any matter requiring their direction or resolution.
5.2. If The Practice or COORDINARE claim that a dispute has arisen under this Agreement, they must give the other party a notice specifying the nature of the dispute. After receipt of the notice, each party must appoint a representative each with the appropriate authority to resolve the dispute. Those representatives must meet to try and resolve the dispute within 7 days.
5.3. Should the representatives fail to resolve the dispute, either party may terminate this agreement by giving 30 days written notice and take such other steps, including the commencement of proceedings as they see fit.
5.4. Should COORDINARE become aware of any breach of this Agreement capable of remedy, COORDINARE may suspend (or direct the suspension of) The Practice’s licence to the Software and Documentation.
5.5. The Practice must resolve any breach of this Agreement within 14 days of receiving notice of the breach from COORDINARE.
5.6. COORDINARE will reinstate The Practice’s licence to the Software and Documentation within 7 days of notification that the Practice is no longer in breach of this Agreement provided that COORDINARE hasn't exercised its rights to terminate this Agreement.
Breach and Dispute Resolution. Both Parties will attempt in good faith to negotiate resolutions to all disputes arising out of this Agreement. The Parties will resolve any controversy or claim arising out of or relating to this Agreement as follows:
a. If the COO finds that ChemWaste has breached this Agreement:
(1) The COO will provide ChemWaste with a written notice of breach that describes the alleged breach and that includes a date by which ChemWaste must respond to the COO’s notice;
(2) Within the period specified by the COO, ChemWaste must demonstrate that ChemWaste has not breached this Agreement, that the breach has been corrected, or that ChemWaste is making diligent efforts to correct the breach and is likely to succeed in a reasonable period of time; and
(3) If the COO determines that ChemWaste has failed to remedy a breach of this Agreement, ChemWaste must pay Metro liquidated damages in the amount of $500 per day until ChemWaste has remedied the breach. These liquidated damages are not a penalty, but the Parties agree that for certain breaches the amount of damage would be difficult to determine. Metro is entitled to recover its actual damages during all periods of breach in lieu of liquidated damages if actual damage amounts can be determined.
b. The Parties will resolve any dispute arising under this Agreement using any appropriate and available legal remedy. This may include arbitration if both Parties agree to arbitration.
