CONTRACTUAL DISPUTE RESOLUTION Sample Clauses

CONTRACTUAL DISPUTE RESOLUTION. 7 34.1 Disputes arising in the performance of this Agreement which are not resolved by 8 agreement of the parties shall be decided in writing by the ICTC Board. Each party shall 9 have the right to submit any unresolved dispute to mediation. If the parties cannot agree 10 on a mediator, then each party shall select its own mediator and those mediators will 11 jointly select a third mediator to mediate the dispute. If mediation is not successful, the 12 parties may pursue their remedies as they choose. 13 34.2 Unless otherwise directed by ICTC, CONTRACTOR shall continue performance under 14 this Agreement while matters in dispute are being resolved. 15 34.3 The duties and obligations imposed by this Agreement and the rights and remedies 16 available hereunder shall be in addition to and not a limitation of any duties, obligations, 17 rights and remedies otherwise imposed or available by law. No action or failure to act by 18 either party shall constitute a waiver of any right or duty afforded any of them under this 19 Agreement, nor shall any such action or failure to act constitute an approval of or 20 acquiescence in any breach hereunder, except as may be specifically agreed in writing.
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CONTRACTUAL DISPUTE RESOLUTION. (a) In the event of a dispute between the Shareholders related to this Agreement, the Shareholders shall attempt in good faith to settle such dispute. If a mutually agreeable settlement cannot be reached in thirty (30) calendar days following written notice describing in reasonable detail the basis of the dispute, the dispute shall be submitted to a panel comprised of one senior-level representative of each Shareholder (the "Resolution Board"). Should the dispute not be settled by mutual agreement within twenty (20) days after submission to the Resolution Board, then the dispute shall be referred to arbitration with such arbitration to be held at any place within the State of Delaware as the Shareholders shall agree, in accordance with the following rules and procedures: (i) Such dispute between the Shareholders arising out of the Shareholders Agreement shall be governed by the Commercial Arbitration Rules of the American Arbitration Association (the "AAA"). (ii) The arbitration shall be heard and determined by a panel of three (3) arbitrators. Each Shareholder shall appoint an arbitrator of its choice within fifteen (15) days of the submission of a notice of arbitration. These arbitrators shall in turn appoint a presiding arbitrator of the tribunal within fifteen (15) days following the appointment of such arbitrators. The presiding arbitrator shall have served as a judge on the Chancery Court of the State of Delaware. Each of the arbitrators shall have the minimum qualifications set forth below. If the Shareholder appointed arbitrators cannot reach agreement on a presiding arbitrator of the tribunal and/or one Shareholder fails or refuses to appoint its arbitrator within the prescribed period, the appointment authority for the presiding arbitrator and/or such Shareholder appointed arbitrator shall be the AAA, who, in each case, shall appoint an independent arbitrator who does not have any financial interest in the dispute, controversy or claim or bear any relationship to either Shareholder. If an arbitrator should die, withdraw or otherwise become incapable of serving, or refuse to serve, a successor arbitrator shall be selected and appointed in the same manner as the original arbitrator. An arbitrator: (A) Cannot be a current director, officer, employee, or consultant of any Shareholder or any of its Affiliates, or a family member of any person currently serving in such capacity; (B) Cannot have served as a director, officer, employee, or consultant of ...
Sample 1
CONTRACTUAL DISPUTE RESOLUTION. 6.1 The parties undertake and agree to pursue a positive approach towards contractual dispute resolution, including if appropriate mediation, which seeks to identify a solution that is appropriate to the subject matter of the dispute and which avoids legal proceedings and maintains a strong working relationship between the parties. 6.2 Any dispute or difference shall in the first instance be discussed by the Representatives, as set out in Schedule D of the Order Form, with a view to it being resolved by them liaising with each other. 6.3 In the event that such matters cannot be resolved within 28 days (4 weeks) of such a discussion first taking place, they shall be referred to the relevant Director/Executive Xxxx (or equivalent) of the Customer and the Quality Assurance Committee of NOCN or another board committee appointed by the NOCN board of trustees. 6.4 In the event that such matters cannot be resolved within 28 days of them being referred to the relevant Director/Executive Xxxx (or equivalent) of the Customer and the Quality Assurance Committee of NOCN or another board committee appointed by the NOCN board of trustees, they shall be referred to and finally resolved in accordance with clause 16. 6.5 In respect of any complaint in respect of how NOCN carries out its services, please see clause 23.
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CONTRACTUAL DISPUTE RESOLUTION. 21 34.1 Disputes arising in the performance of this Agreement which are not resolved by 22 agreement of the parties shall be decided in writing by the ICTC Board. Each party shall 23 have the right to submit any unresolved dispute to mediation. If the parties cannot agree 24 on a mediator, then each party shall select its own mediator and those mediators will 25 jointly select a third mediator to mediate the dispute. If mediation is not successful, the 26 parties may pursue their remedies as they choose. 27 34.2 Unless otherwise directed by ICTC, CONTRACTOR shall continue performance under 28 this Agreement while matters in dispute are being resolved.
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Related to CONTRACTUAL DISPUTE RESOLUTION

  • 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.

  • I2 Dispute Resolution The Parties shall attempt in good faith to negotiate a settlement to any dispute between them arising out of or in connection with the Contract within twenty (20) Working Days of either Party notifying the other of the dispute and such efforts shall involve the escalation of the dispute to the finance director of the Contractor and the commercial director of the Authority.

  • Formal Dispute Resolution 10.6.1 If the Parties are unable to resolve the dispute through the informal procedure described in Section 10.5, then either Party may invoke the formal Dispute Resolution procedures described in this Section 10.6. Unless agreed among all Parties, formal Dispute Resolution procedures, including arbitration or other procedures as appropriate, may be invoked not earlier than sixty (60) calendar days after receipt of the letter initiating Dispute Resolution under Section 10.3.

  • Informal Dispute Resolution (a) Prior to the initiation of formal dispute resolution procedures (i.e., arbitration), the Parties shall first attempt to resolve their dispute at the senior manager level. If that level of dispute resolution is not successful, the Parties shall proceed informally, as follows: (i) Upon the written request of either Party, each Party shall appoint a designated representative who does not otherwise devote substantially full time to performance under this Agreement, whose task it will be to meet for the purpose of endeavoring to resolve such dispute. (ii) The designated representatives shall meet as often as the Parties reasonably deem necessary in order to gather and furnish to the other all information with respect to the matter in issue that the Parties believe to be appropriate and germane in connection with its resolution. The representatives shall discuss the problem and attempt to resolve the dispute without the necessity of any formal proceeding. (iii) During the course of discussion, all reasonable requests made by one Party to another for non-privileged non-confidential information reasonably related to this Agreement shall be honored so that each of the Parties may be fully advised of the other's position. (iv) The specific format for the discussions shall be left to the discretion of the designated representatives. (b) Prior to instituting formal proceedings, the Parties will first have their chief executive officers meet to discuss the dispute. This requirement shall not delay the institution of formal proceedings past any statute of limitations expiration or for more than fifteen (15) days. (c) Subject to Subsection (b), formal proceedings for the resolution of a dispute may not be commenced until the earlier of: (i) The designated representatives concluding in good faith that amicable resolution through continued negotiation of the matter does not appear likely; or (ii) Thirty (30) days after the initial written request to appoint a designated representative pursuant to Subsection (a), above, (this period shall be deemed to run notwithstanding any claim that the process described in this Section 11.2 was not followed or completed). (d) This Section 11.2 shall not be construed to prevent a Party from instituting, and a Party is authorized to institute, formal proceedings earlier to avoid the expiration of any applicable limitations period, or to preserve a superior position with respect to other creditors or as provided in Section 11.6(a).

  • Initial Dispute Resolution If a dispute arises out of or relates to this Contract or its breach, the parties shall endeavor to settle the dispute first through direct discussions between the parties’ representatives who have the authority to settle the dispute. If the parties’ representatives are not able to promptly settle the dispute, they shall refer the dispute to the senior administrators of the parties who have the authority to settle the dispute, who shall meet within fourteen days thereafter. If the dispute is not settled by the senior administrators, the parties may submit the dispute to mediation in accordance with Paragraph 5.2.3.2.

  • 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.

  • Applicable Law; Dispute Resolution i. This Agreement, and all claims, disputes or disagreements arising out of or connected with this Agreement, its validity or any breach thereof, shall be governed by the laws in effect in the State of Texas (excluding conflicts of laws provisions), and to the extent applicable to maritime issues, the maritime laws of the United States (excluding conflict of laws provisions). ii. PHA and Carrier desire to resolve any dispute, which may arise in connection with the Agreement in a timely and efficient manner. The parties therefore agree that the parties will attempt to resolve disputes arising hereunder in accordance with the following procedures. iii. Either party may request the other to attend a meeting for the purpose of resolving any dispute or disagreement arising from the provisions specified in the Agreement. Said meeting shall be held either in person in Houston, Texas, or by telephone within five (5) business days of receipt of written request specifying a brief description of the dispute, the monetary amount involved if known, and the remedies sought. iv. If the matter is not resolved in such meeting, or if such meeting is not held, either party may make written demand to attempt to resolve such dispute by non-binding mediation. Within seven (7) days after service of written notice on the other party demanding mediation, the parties in dispute shall jointly agree upon a mediator, and within thirty (30) days thereafter the parties shall undertake such mediation in Houston, Texas. In no event shall the parties be obligated to pursue mediation that does not resolve the issue within thirty

  • Governing Law; Dispute Resolution (a) This Limited Guarantee shall be interpreted, construed and governed by and in accordance with the Laws of the State of New York without regard to the conflicts of law principles thereof that would subject such matter to the Laws of another jurisdiction other than the State of New York. (b) Any disputes, actions and proceedings against any party or arising out of or in any way relating to this Limited Guarantee shall be submitted to the Hong Kong International Arbitration Centre (the “HKIAC”) and resolved in accordance with the Arbitration Rules of HKIAC in force at the relevant time (the “Rules”) and as may be amended by this Section 10(b). The place of arbitration shall be Hong Kong. The official language of the arbitration shall be English and the arbitration tribunal shall consist of three arbitrators (each, an “Arbitrator”). The claimant(s), irrespective of number, shall nominate jointly one Arbitrator; the respondent(s), irrespective of number, shall nominate jointly one Arbitrator; and a third Arbitrator will be nominated jointly by the first two Arbitrators and shall serve as chairman of the arbitration tribunal. In the event the claimant(s) or respondent(s) or the first two Arbitrators shall fail to nominate or agree on the joint nomination of an Arbitrator or the third Arbitrator within the time limits specified by the Rules, such Arbitrator shall be appointed promptly by the HKIAC. The arbitration tribunal shall have no authority to award punitive or other punitive-type damages. The award of the arbitration tribunal shall be final and binding upon the disputing parties. Any party to an award may apply to any court of competent jurisdiction for enforcement of such award and, for purposes of the enforcement of such award, the parties irrevocably and unconditionally submit to the jurisdiction of any court of competent jurisdiction and waive any defenses to such enforcement based on lack of personal jurisdiction or inconvenient forum. (c) Notwithstanding the foregoing, the parties hereto consent to and agree that in addition to any recourse to arbitration as set out in Section 10(b), any party may, to the extent permitted under the Laws of the jurisdiction where application is made, seek an interim injunction from a court or other authority with competent jurisdiction and, notwithstanding that this Agreement is governed by the Laws of the State of New York, a court or authority hearing an application for injunctive relief may apply the procedural Law of the jurisdiction where the court or other authority is located in determining whether to grant the interim injunction. For the avoidance of doubt, this Section 10(c) is only applicable to the seeking of interim injunctions and does not restrict the application of Section 10(b) in any way.

  • 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 Resolutions Parties agree to arbitration of dispute in Houston, Texas, USA.

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