Condition precedent to litigation. Subject to clause 11.5, a party must not commence legal proceedings in respect of a Dispute unless:
Condition precedent to litigation. A party must not commence proceedings in any court in respect of a Dispute:
Condition precedent to litigation. A Party must not commence any proceedings in any court in respect of any other Dispute which is referable to a Panel under clause 16.1 unless the Dispute has first been referred to a Panel and the Panel does not meet or resolve the dispute under clause 16.1 before the expiry of the relevant Resolution Period.
Condition precedent to litigation. Engaging in the alternative dispute resolution mandated by this Section 6.14 is a CONDITION PRECEDENT to filing any litigation. Only after the Parties have exhausted direct discussions AND mediation in accordance with the foregoing, shall either Party be entitled to initiate litigation. In any such litigation, the Engineer and Westfield hereby waive their rights to jury trial and mutually agree that any disputes between them arising out of this Agreement that are subject to litigation shall be tried to the Bench only. Should either party initiate litigation prior to engaging in direct discussions, and good faith mediation, that party shall pay all attorneys’ fees and expenses and other costs incurred by the other party in responding to and participating in said litigation.
Condition precedent to litigation. Before any party to a Contract may commence a civil action against the County seeking remedies for breach or non- performance of the Contract by the County, said party must first initiate the dispute resolution process under these rules and attend the mediated settlement conference.
Condition precedent to litigation. Mediation shall be required before either party may proceed to litigation or any other method of dispute resolution. If a mediation session has not been held within ninety (90) days after written request for mediation has been received by either party, the party requesting mediation may proceed to litigation unless the period for mediation has been extended by mutual written agreement between the parties.
