Construction Dispute Resolution Sample Clauses

Construction Dispute Resolution. (a) If any dispute arises between Landlord and Tenant, solely with respect to any matter relating to the Work or the initial construction or buildout of the Building or the Premises, the parties shall attempt in good faith to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association. If such dispute is not resolved by mediation within thirty (30) days of the first written request for mediation, then such dispute shall be resolved by arbitration. Landlord and Tenant each hereby waive its right to seek a judicial determination of whether either party is in breach of, or default under, any of the terms or provisions of this Work Letter Agreement, or under the Lease, to the extent that the alleged breach or default under the Lease relates to the initial construction or buildout of the Building or the Premises. The venue for any mediation or arbitration proceedings under this Work Letter Agreement shall be in Sacramento County, California. The requirement that all disputes be resolved through mediation and then arbitration pursuant to this Section shall constitute an absolute defense to any court action filed by one of the parties hereto against the other, and shall enable the party against whom such action is filed to cause such action to be dismissed or set aside at any time.
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Construction Dispute Resolution. (a) In the event Landlord or the Construction Consultant fails to approve the Application for Payment, Landlord, within twenty (20) days following receipt of such Application for Payment, shall provide written notice to Construction Agent, specifying in reasonable detail Landlord’s reason(s) for rejection of all or any portion of the requested Advance. Upon receipt of such notice, Construction Agent shall have five (5) business days to either (x) accept the recommendation of Landlord and the Construction Consultant or (y) provide Landlord with a written request for the matter to be resolved by the Construction Consultant and Construction Agent’s construction inspector. In the event Construction Agent gives Landlord notice pursuant to clause (y) above, such disagreement shall be referred to the Construction Consultant and Construction Agent’s construction inspector within five (5) business days after Landlord’s receipt of such notice for resolution by the Construction Consultant and such construction inspector. In the event that the Construction Consultant and Construction Agent’s construction inspector are unable to resolve the matter within five (5) business days after both have received written notice of such disagreement, the matter shall be referred to a third party construction consultant acceptable to Landlord and Construction Agent, and the decision of such third party consultant shall be binding on Landlord and Construction Agent absent manifest error. Pending resolution of any such dispute, the portion of any Advance requested by Construction Agent that is not in dispute will be authorized by Landlord and Construction Agent for payment by Escrow Agent in accordance with the provisions of this Article V. Upon resolution of any such dispute, the portion of any requested Advance which was in dispute or the agreed upon portion thereof, as appropriate, Landlord and Construction Agent shall authorize the Escrow Agent to make such payment from the Escrow Funds in accordance with the provisions of this Article V.
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Construction Dispute Resolution. 6.1 If any dispute arises in connection with this Exhibit G, such dispute shall be resolved in strict accordance with this Article VI. Such dispute shall be resolved by an arbitrator, which shall be selected pursuant to Section 6.3 below ("ARBITRATOR"). The Arbitrator will have a minimum of ten (10) years directly relevant design and construction experience in the design and construction of comparable office buildings in the San Diego County area (or having such other qualifications as Landlord's Arbitration Representatives and Tenant's Arbitration Representatives may mutually approve). The Arbitrator shall be independent from and disinterested in both Landlord and Tenant. Landlord and Tenant shall each name two (2) representatives ("LANDLORD'S ARBITRATION REPRESENTATIVES" and "TENANT'S ARBITRATION REPRESENTATIVES") with authority to represent the parties before the Arbitrator and bind the respective parties in matters pursuant to this Article. Neither the Arbitrator nor Landlord's Arbitration Representatives or Tenant's Arbitration Representatives shall be an attorney unless Landlord and Tenant consent thereto in writing.
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Construction Dispute Resolution 
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Related to Construction Dispute Resolution

  • Arbitration Dispute Resolution Company and Executive express expressly agree that, except for disputes arising out of alleged violations related to proprietary inventions and confidential information, all disputes arising out of this Agreement shall be resolved by arbitration in accordance with the following provisions. Either party must demand in writing such arbitration within one hundred and twenty (120) days after the controversy arises by sending a notice to arbitrate to both the other party and to the American Arbitration Association (“AAA”). The controversy shall then be arbitrated, pursuant to the rules promulgated by the AAA (the “Rules”), in the state of California. The parties will select by mutual agreement the arbitrator or arbitrators to herein resolve the controversy; provided, however, that, the parties cannot mutually agree as to the arbitrator, then the arbitrator shall be selected by the AAA in accordance with the Rules. The arbitrator’s decision shall be final and binding on the parties and shall bar any suit, action or proceeding instituted in any federal, state or local courts for administrative tribunal. Notwithstanding the preceding sentence, the arbitrator’s judgment may be entered in any court of competent jurisdiction. Disputes arising under the sections for compensation and termination upon compensation may be litigated and injunctive relief sought in any court having jurisdiction over the subject matter of such dispute.

  • Dispute Resolution Process Any claim, dispute or other matter in question not resolved by the process identified in Paragraph

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Alternate Dispute Resolution In the event of any issue of controversy under this Agreement, the PARTIES may pursue Alternate Dispute Resolution procedures to voluntarily resolve those issues. These procedures may include, but are not limited to, conciliation, facilitation, mediation, and fact finding.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed:

  • Governing Law; Dispute Resolution This Agreement shall be subject to the provisions of Sections 9(a), 9(c), and 9(h) of the Employment Agreement.

  • Informal Dispute Resolution Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

  • Dispute Resolution Procedures (a) In the event a dispute arises about the interpretation, application, calculation of Loss, or calculation of payments or otherwise with respect to this Single Family Shared-Loss Agreement (“SF Shared-Loss Dispute Item”), then the Receiver and the Assuming Institution shall make every attempt in good faith to resolve such items within sixty (60) days following the receipt of a written description of the SF Shared-Loss Dispute Item, with notification of the possibility of taking the matter to arbitration (the date on which such 60-day period expires, or any extension of such period as the parties hereto may mutually agree to in writing, herein called the “Resolution Deadline Date”). If the Receiver and the Assuming Institution resolve all such items to their mutual satisfaction by the Resolution Deadline Date, then within thirty (30) days following such resolution, any payment due as a result of such resolution shall be made arising from the settlement of the SF Shared-Loss Dispute.

  • Third Party Dispute Resolution The Consulting Firm shall (i) consider only the items that are then disputed by the parties, (ii) shall be bound by the terms of the Agreement and (iii) shall only make a determination of such disputed matters in favor of the proposal made by the Purchasers or the Sellers (as may be presented by each party to the Consulting Firm in writing, which shall be shared with the other party) and shall not make an independent proposal. The Consulting Firm shall prepare a written determination of any disputed matters and deliver the determination to the Purchasers and the Sellers within fifteen (15) Business Days after the date the Consulting Firm is engaged. Each party shall cooperate fully with the Consulting Firm, including by using reasonable best efforts to provide the information, data and work papers to the extent permitted by applicable Law, so as to enable the Consulting Firm to make a determination of the disputed items as quickly as practicable. The Corrective Action Plan shall be finalized in accordance with the Consulting Firm’s determination of the disputed matters.

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