Claims or Disputes. To the extent any dispute or controversy relating to this Agreement arises, in whole or in part, from the acts or omissions of the Parties, the Parties agree to attempt to resolve the claim, dispute, or controversy by conducting good faith negotiations, such dispute shall be resolved in the following manner: ☐ Mediation. The dispute shall be submitted to non-binding mediation following any statutory rules of mediation for the state selected above in the choice of law provision of this Agreement. Mediation fees, if any, shall be divided equally among the Parties.
Claims or Disputes. Any claims or other matters in question between the Parties to this Agreement arising out of or relating to this Agreement or breach thereof shall be resolved through legal or equitable proceedings before the Allegheny County Court of Common Pleas and/or the United States District Court for the Western District of Pennsylvania.
Claims or Disputes. Unless otherwise directed in writing by MTC, AGENCY shall continue performance under this Agreement while any matters in dispute are being resolved. Further, MTC shall pay AGENCY for any undisputed work performed by AGENCY prior to or during the resolution of the matters in dispute. In the event there is a dispute concerning the interpretation of this Agreement or any aspect of the Project that the project managers identified by MTC and AGENCY are unable to resolve, the project manager for either MTC or AGENCY may request that an ad hoc Dispute Resolution Committee (“DRC”) be convened to resolve the dispute. The DRC shall consist of two members, one appointed by the MTC Executive Director and the other appointed by the Chief Executive Officer of AGENCY. The responsibility of chairing each ad hoc DRC shall alternate between the agencies, beginning with MTC. Further, disputes between MTC and AGENCY that cannot be resolved by the DRC may be submitted to alternative dispute resolution, as agreed to by the parties. Fees and expenses of the mediator will be borne equally.
1. EQUAL EMPLOYMENT OPPORTUNITY In accordance with Title VI of the Civil Rights Act, as amended (42 U.S.C. § 2000d); Section VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e); Section 303 of the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6102); Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12132); and, for FTA-funded projects, 49 U.S.C. § 5332 and any implementing requirements that FTA may issue. AGENCY agrees that it will not, on the grounds of race, religious creed, color, national origin, age, physical disability or sex, discriminate or permit discrimination against any employee or applicant for employment.
2. DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY It is the policy of MTC and the U.S. Department of Transportation to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which disadvantaged business enterprises, as defined in 49 Code of Federal Regulations Part 26, can compete fairly for contracts and subcontracts relating to MTC’s procurement and professional services activities. AGENCY shall not discriminate on the basis of race, color, national origin or sex in the performance of the applicable Supplement. AGENCY shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by AGENCY to carry out t...
Claims or Disputes. Axiom Images hereby agrees that its sole remedy shall, in the event of a breach by Licensee be in the form of monetary damages. Axiom Images agrees that it shall not seek any relief at equity including specific performance or any other type of injunctive relief.
Claims or Disputes. The CONTRACTOR shall be solely responsible for providing timely written notice to CCCTA of any claims for additional compensation and/or time in accordance with the provisions of this Agreement. It is the CCCTA’S intent to investigate and attempt to resolve any CONTRACTOR claims before the CONTRACTOR has performed any disputed work. Therefore, CONTRACTOR’s failure to provide timely notice shall constitute a waiver of CONTRACTOR’s claims for additional compensation and/or time. The CONTRACTOR shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the CCCTA, or the failure or refusal to issue a modification, or the happening of any event, thing, or occurrence, unless it has given the CCCTA due written notice of potential claim. The potential claim shall set forth the reasons for which the CONTRACTOR believes additional compensation may be due, the nature of the costs involved, and the amount of the potential claim. If based on an act or failure to act by the CCCTA, such notice shall be given to the CCCTA prior to the time that the CONTRACTOR has started performance of the work giving rise to the potential claim for additional compensation. In all other cases, notice shall be given within 10 days after the happening of the event or occurrence giving rise to the potential claim. If there is a dispute over any claim, the CONTRACTOR shall continue to work during the dispute resolution process in a diligent and timely manner as directed by the CCCTA, and shall be governed by all applicable provisions of the Contract. The CONTRACTOR shall maintain cost records of all work which is the basis of any dispute. If an agreement can be reached which resolves the CONTRACTOR claim, the parties will execute a Contract modification to document the resolution of the claim. If the parties cannot reach an agreement with respect to the CONTRACTOR claim, they may choose to pursue a dispute resolution process or termination of the contract.
Claims or Disputes. All claims or disputes and other matters in question arising out of or relating to the design and/or construction of this Project, between the CM and any Trade Contractors shall be resolved through negotiation between the CM Firm, the PSC (Architect/Engineer), the Trade Contractor and where necessary, the input of the DCD Project Director. In the event of their failure to agree to a resolution, the CM firm shall follow the dispute resolution process outlined in the Trade Contract and/or should the CM believe the dispute to warrant considerations within this Owner-Project Construction Management contract, the provisions of MICHSPEC Article 15 shall govern.
Claims or Disputes. All claims or disputes and other matters in question arising out of or relating to the design and/or construction of this Project, between the Owner and any Trade Construction Contractors shall be resolved through negotiation between the Project Management Firm, the Prime Professional Services Contractor (Architect/Engineer), the Owner, and the Trade Construction Contractor. In the event of their failure to agree to a resolution, the Project Management Firm shall submit the claim dispute for an administrative decision by the Department of Management and Budget, Director of Facilities Administration within thirty (30) consecutive calendar days of the end of the disputed negotiations, and any decision of the Director may be appealed to the Michigan Court of Claims within one (1) year of the issuance of the Director’s decision. The Project Management Xxxx agrees that the appeal to the Director of Facilities Administration is a prerequisite to filing a suit in the Michigan Court of Claims. Such claims or disputes services shall be rendered by the Project Management Firm without additional fee or other compensation, except for the costs of personnel who are assigned to the Project.
Claims or Disputes. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Los Angeles, California, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the State having jurisdiction. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of California. If Licensor is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole by Licensee for such reasonable legal fees or costs. Furthermore, Licensor hereby agrees that its sole remedy shall, in the event of a breach by Licensee be in the form of monetary damages. Licensor agrees that it shall not seek any relief at equity including specific performance or any other type of injunctive relief.
Claims or Disputes. Any claim or dispute (including a submission under the last paragraph of Section 1 (b) hereof) shall be resolved under procedures established by arbitration in New York, N.Y. pursuant to the rules of the American Arbitration Association. If the Executive receives an award in such a proceeding, the award shall include his attorneys' fees and all expenses reasonably incurred in connection with such proceeding.
Claims or Disputes. Any claims or disputes arising out of this agreement shall be submitted to arbitration or mediation in Pinal County. In the event of breach of contract by a party to this agreement, the non-breaching party may pursue all remedies under the laws of the State of Arizona and shall be entitled to reasonable attorney fees and costs;
