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. 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.
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.
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. 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.
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. 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:
Breach and Dispute Resolution. Disputes which cannot be resolved informally by the parties shall be decided in writing by a representative of the Department’s Transit and Rail Division. The MPO has ten (10) days from receipt of the decision to file a written appeal with the Transit and Rail Division. Upon appeal, the MPO will be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Transit and Rail Division on appeal shall be binding.
Breach and Dispute Resolution. If a Party (Defaulting Party) commits any breach of this Agreement the following provisions apply: The Defaulting Party must remedy such breach within 14 (fourteen) business days (Notice Period) of written notice given by the innocent party (Aggrieved Party) requiring the breach to be remedied by the Defaulting Party (1st Tier); should the Defaulting Party fail to remedy the breach within the Notice Period, contemplated in the 1st Tier, then the Aggrieved Party will be entitled to require a senior member of each Party to meet within 14 business days, by delivering to the Defaulting Party written notice of such meeting, detailing the time and place of the meeting (Meeting Notice) in order to resolve the dispute within a reasonable time relative to the severity and substance of the dispute (2nd Tier); Should the Parties not be able to resolve the dispute notwithstanding exhausting the 1st Tier and the 2nd Tier, the Aggrieved Party will be entitled to: claim immediate specific performance of any of the Defaulting Party's obligations under this Agreement, with or without claiming damages, whether or not such obligation has fallen due for performance and to require the Defaulting Party to provide security to the satisfaction of the Aggrieved Party for the Defaulting Party's obligations; or to cancel this Agreement, with or without claiming damages, in which case written notice of the cancellation shall be given to the Defaulting Party (Cancellation Notice), and the cancellation shall take effect on the delivery of the Cancellation Notice. Neither Party shall be entitled to cancel this Agreement unless the breach is a material breach. A breach will be deemed to be a material breach if:‑ it is capable of being remedied, but is not remedied subsequent to the exhausting the 1st Tier and the 2nd Tier; or only after the 1st Tier is exhausted, the breach is practically incapable of being remedied and payment in money would be sufficient compensation for such breach and such payment was not forthcoming. The Aggrieved Party's remedies in terms of this clause are without prejudice to any other remedies to which the Aggrieved Party may be entitled to in law. FORCE MAJEURE No Party shall be liable to the other for its failure to perform, the defective performance or any delay in performing any obligation in terms of this Agreement in the event and to the extent that such failure or delay is caused by force majeure. For the purpose of this Agreement "force majeure" shall me...
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.
