Claims Subject to Elective Arbitration. 13.6.2.1 Claims will be subject to elective arbitration pursuant to Section 13.7 below, if, and only if, the claim is not settled through informal Dispute Resolution and both Parties agree to arbitration. If both Parties do not agree to arbitration, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanism.
Claims Subject to Elective Arbitration. 13.6.3.1 Claims will be subject to elecvtei arbitration pursuant to Seioctn 13.7 below, fi, and only if, the claim is not settled through informal Dispute Resolution and both Parties agree to arbitration. If both Parties do not agree to arbitration, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanism.
Claims Subject to Elective Arbitration. The following claims will be subject to arbitration pursuant to Section F, Arbitration if, and only if, the claim is not settled through informal dispute resolution and both parties agree to arbitration. If both parties do not agree to arbitration, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanism.
a. All unresolved billing disputes involving more than one (1) percent of the amounts charged to CLEC by PACIFIC under this Agreement during the Contract Year in which the matter in dispute arises, whether measured by the disputing Party in terms of actual amounts owed or owning, or as amounts representing its business or other risks or obligation relating to the matter in dispute. During the first Contract Year the Parties will annualize the initial months up to one year.
b. All other claims involving more than one (1) percent of the amounts charged to CLEC by PACIFIC under this Agreement during the Contract Year in which the matter in dispute arises, whether measured by the disputing Party in terms of actual amounts owed or owing, or as amounts representing its business or other risks or obligations relating to the matter in dispute. During the first Contract Year the Parties will annualize the initial months up to one year.
Claims Subject to Elective Arbitration. Claims will be subject to arbitration pursuant to Section 46.7.1 if, and only if, the Page 89 of 562 GENERAL TERMS AND CONDITIONS Page 85 of 93 NEVADA/MCIMETRO ACCESS TRANSMISSION SERVICES LLC claim is not settled through informal Dispute Resolution and both Parties agree to arbitration. If both Parties do not agree to arbitration, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanism.
Claims Subject to Elective Arbitration. Claims will be subject to elective arbitration pursuant to Section 7.6 if, and only if, the claim is not settled through informal Dispute Resolution and both Parties agree to arbitration. If both Parties do not agree to arbitration, then either Party may proceed with any remedy available to it pursuant to law, equity or agency mechanism. ABS Agreement–SBC-13STATE PAGE 10 OF 16 SBC-13STATE/AT&T/TCG 061203 7.5.3 Claims Not Subject to Arbitration. If the following claims are not resolved through informal Dispute Resolution, they will not be subject to arbitration and must be resolved through any remedy available to a Party pursuant to law, equity or agency mechanism.
7.5.3.1 Actions seeking a temporary restraining order or an injunction related to the purposes of this Agreement.
7.5.3.2 Actions to compel compliance with the Dispute Resolution process.
7.5.3.3 All claims arising under federal or state statute(s), including antitrust claims.
Claims Subject to Elective Arbitration. The following claims will be subject to arbitration pursuant to Section 30.13.6 if, and only if, the claim is not settled through informal dispute resolution and both parties agree to arbitration. If both parties do not agree to arbitration, then either party may proceed with any remedy available to it pursuant to law, equity or agency mechanism.
30.13.5.3.1 All unresolved billing disputes involving more than one (1) percent of the amounts charged to CLEC by SWBT under this Agreement during the Contract Year in which the matter in dispute arises, whether measured by the disputing Party in terms of actual amounts owed or owning, or as amounts representing its business or other risks or obligation relating to the matter in dispute. During the first Contract Year the Parties will annualize the initial months up to one year. 45 GENERAL TERMS AND CONDITIONS - KS PAGE 45 OF 50 SWBT/BIRCH TELECOM OF KANSAS, INC. 100198
30.13.5.3.2 All other claims involving more than one (1) percent of the amounts charged to CLEC by SWBT under this Agreement during the Contract Year in which the matter in dispute arises, whether measured by the disputing Party in terms of actual amounts owed or owing, or as amounts representing its business or other risks or obligations relating to the matter in dispute. During the first Contract Year the Parties will annualize the initial months up to one year.
