Construction Disputes. (a) Any disputes between Landlord and Tenant regarding (i) whether Landlord has unreasonably withheld its consent or approval to a matter under this Work Agreement, where Landlord’s consent is to be reasonable, (ii) substantial completion of any Component of Landlord’s Work or whether any such Component has been delivered in the Required Delivery Condition, (iii) whether a Landlord Delay has occurred or has been properly noticed, (iv) whether a Tenant Delay has occurred or has been properly noticed, (v) whether an Unavoidable Delay has occurred or has been properly noticed, if applicable, or (vi) whether Tenant is entitled to be funded Tenant’s Work Allowances, shall be governed by this Section 1.10. Landlord and Tenant shall use good faith reasonable efforts to resolve any such dispute prior to seeking arbitration on such matter under Section 1.10(b) below.
(b) Notwithstanding anything contained herein to the contrary it is the intent of both parties that arbitration be used only as a final resort to resolving any disputes and that in no event shall the institution of arbitration by either party cause the stoppage of any work under this Work Agreement. If after using good faith reasonable efforts to resolve any such dispute remains unresolved, either party may give the other party ten (10) days’ notice of such party’s intent to submit such dispute for binding resolution by arbitration in the District of Columbia under the Expedited Procedures provisions of the AAA; provided, however, that with respect to any such arbitration under this Work Agreement (i) the AAA shall, within two (2) Business Days after such submission or application, select a single arbitrator meeting the requirements set forth in the following paragraph, (ii) the Notice of Hearing shall be two (2) Business Days in advance of the hearing, (iii) the hearing shall be limited to a maximum duration of two (2) Business Days, with each party having no more than (A) two (2) hours to present its case, (B) two (2) hours to cross examine or interrogate persons supplying information or documentation on behalf of the other party, and (C) one (1) hour to summarize in a closing statement such party’s case and (iii) the arbitrator shall make a determination within three (3) Business Days after the conclusion of the hearing, which decision (x) shall be limited to a decision upon (1) whether Landlord acted reasonably in withholding its consent or approval or otherwise acted in an arbitrary or capricious ...
Construction Disputes. Should any dispute arise between District and Applicant regarding construction methods, construction safety, conformity of the construction with the approved Plans and Specifications, and/or the nature and extent of required change orders, the decision of the District’s Engineer shall be final and binding on all Parties.
Construction Disputes. 35 Section 7.11. Entire Understanding.........................................................................37 Section 7.12. Expenses.....................................................................................37 Section 7.13. Counterparts.................................................................................37 Section 7.14. Assignment; No Third-Party Beneficiaries.....................................................37 Section 7.15. Press Releases and Announcements.............................................................37 ARTICLE VIII TERMINATION........................................................................................38 Section 8.1. Termination...................................................................................38
Construction Disputes. (a) This Agreement shall be governed by and construed in accordance with the laws of the State of New York, other than such laws as would result in the application of any jurisdiction's law other than that of the State of New York. Each party hereto expressly acknowledges each of the other parties' rights, in the event of such party's breach of its obligations hereunder, to require the specific performance of such party's obligations hereunder, and hereby waives any defenses or objections to any claim or action seeking specific performance by such party of its obligations hereunder based on the ground that there exists an adequate remedy at law.
Construction Disputes. Any disputes which may arise between Landlord and Tenant concerning Landlord's Work or Tenant's Work shall be submitted to an architect mutually selected by Landlord's architect and Tenant's architect, within fifteen (15) days from notice of the existence of such dispute. Such dispute shall be adjudicated by the appointed architect within thirty (30) days of his or her appointment based upon any documentation submitted to him by Landlord and Tenant. The appointed architect's adjudication of the dispute shall be final and binding upon Landlord and Tenant who agree hereby to abide by such decision.
Construction Disputes. If there is any Construction Dispute, then Landlord and Tenant shall endeavor diligently to resolve the Construction Dispute within ten days after Landlord or Tenant, as the case may be, gives notice to the other party of the Construction Dispute; provided that, if Landlord and Tenant are unable to resolve the Construction Dispute within such ten day period, then, within two days after the expiration of such period, Landlord and Tenant shall present to the Construction Dispute Arbitrator any existing materials and information with respect to the Construction Dispute. Within three days after receipt of any such materials and information, the Construction Dispute Arbitrator shall determine the resolution of the Construction Dispute, which resolution shall be binding upon Landlord, Tenant, the general contractor, and the Inspecting Architect.
Construction Disputes. 10.1 The contract, including these terms, shall be construed according to English law. In the event of a dispute, Customer and ES2P shall take all reasonable steps to resolve that dispute in accordance with the terms of the contact. Disputes, which cannot be resolved on this basis, shall be resolved according to English law and subject to the exclusive jurisdiction of the courts of England.
Construction Disputes. 10.1 The contract, including these terms, shall be construed according to English law. In the event of a dispute, Customer and APSOLUT shall take all reasonable steps to resolve that dispute in accordance with the terms of the contact. Disputes, which cannot be resolved on this basis, shall be resolved according to English law and subject to the exclusive jurisdiction of the courts of England.
Construction Disputes. 17 38. Landlord's Acquisition Contingency. . . . . . . . . 18
Construction Disputes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of any individual or the Offer Entities, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than California. The parties agree that all disputes arising out of or connected with these Terms and Conditions or the Offer will be resolved individually, without resort to class action, and exclusively by arbitration to be held solely in Orange County, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self- executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
