Common use of CONTRACTUAL DISPUTE RESOLUTION Clause in Contracts

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.

CONTRACTUAL DISPUTE RESOLUTION. 7 24 34.1 Disputes arising in the performance of this Agreement which are not resolved by 8 25 agreement of the parties shall be decided in writing by the ICTC Board. Each party shall 9 26 have the right to submit any unresolved dispute to mediation. If the parties cannot agree 10 27 on a mediator, then each party shall select its own mediator and those mediators will 11 28 1 jointly select a third mediator to mediate the dispute. If mediation is not successful, the 12 2 parties may pursue their remedies as they choose. 13 3 34.2 Unless otherwise directed by ICTC, CONTRACTOR shall continue performance under 14 4 this Agreement while matters in dispute are being resolved. 15 5 34.3 The duties and obligations imposed by this Agreement and the rights and remedies 16 6 available hereunder shall be in addition to and not a limitation of any duties, obligations, 17 7 rights and remedies otherwise imposed or available by law. No action or failure to act by 18 8 either party shall constitute a waiver of any right or duty afforded any of them under this 19 9 Agreement, nor shall any such action or failure to act constitute an approval of or 20 10 acquiescence in any breach hereunder, except as may be specifically agreed in writing.