Cooperation/Mediation Sample Clauses

Cooperation/Mediation. Any dispute arising under or in connection with this Agreement will be resolved by the parties in accordance with the procedures set forth on Exhibit 13.2 attached hereto.

Cooperation/Mediation. The parties desire to cooperate with each other in the management and operation of the Facility pursuant to the terms hereof. In keeping with this cooperative spirit and intent, any dispute arising hereunder will first be referred to the parties’ respective agents or representatives prior to either party initiating a legal suit, who will endeavor in good faith to resolve any such disputes within the limits of their authority and within forty-five (45) days after the commencement of such discussions. If and only if any dispute remains unresolved after the parties have followed the dispute resolution procedure set forth above, the matter will be resolved pursuant to paragraphs (b) and (c) below.

Cooperation/Mediation. In event of a dispute arising under this Agreement, each Party shall make reasonable, good-faith effort to resolve such dispute informally, including but not limited to participation in non-binding mediation.

Cooperation/Mediation. (i) The parties desire to cooperate with each other in the performance of their respective duties pursuant to the terms of this Agreement . In keeping with this cooperative spirit and intent, any dispute arising hereunder will first be referred to the parties’ respective agents or representatives prior to either party initiating a legal suit, who will endeavor in good faith to resolve any such disputes within the limits of their authority and within ten (10) days after the commencement of such discussions. If and only if any dispute remains unresolved after the parties have followed the dispute resolution procedure set forth above and if the parties mutually agree to submit such dispute to mediation, then the matter will be resolved pursuant to Section 13(d)(ii) and (iii) below; otherwise, either party can initiate litigation or terminate this Agreement as provided in Section 5 hereof. (ii) If any dispute between the parties has not been resolved pursuant to Section 13(d)(i) above, the parties will endeavor to settle the dispute by mediation under the then current Center for Public Resources (“CPR”) model procedure for mediation of business disputes or, if such model procedure no longer exists, some other mutually agreeable procedure. Within ten (10) business days from the date that the parties cease direct negotiations pursuant to Section 13(d)(i) above, SMG shall select a neutral third party mediator, who shall be subject to the reasonable approval of Provider. Each party will bear its own cost of mediation; provided, however, the cost charged by any independent third party mediator will be borne equally by the parties. (iii) The parties agree that any mediation proceeding (as well as any discussion pursuant to Section 13(d)(i) above) will constitute settlement negotiations for purposes of the federal and state rules of evidence and will be treated as non-discoverable, confidential, and privileged communication by the parties and the mediator. No stenographic, visual, or audio record will be made of any mediation proceedings or such discussions. All conduct, statements, promises, offers, and opinions made in the course of the mediation or such discussion by any party, its agents, employees, representatives, or other invitees and by the mediator will not be discoverable nor admissible for any purposes in any litigation or other proceeding involving the parties and will not be disclosed to any third party. (iv) The parties’ efforts to reach a settlement of...

Cooperation/Mediation. (a) The Parties desire to cooperate with each other in the performance of their respective duties pursuant to the terms of this Agreement. In keeping with this cooperative spirit and intent, any dispute arising hereunder will first be referred to the Parties’ respective agents or representatives prior to either party initiating a legal suit, who will endeavor in good faith to resolve any such disputes within the limits of their authority and within thirty (30) days after the commencement of such discussions. If and only if any dispute remains unresolved after the Parties have followed the dispute resolution procedure set forth above, the matter will be resolved as set forth below. (b) If any dispute between the Parties has not been resolved pursuant to Section 30(a) above, then any controversies or claims between the Parties, including controversies or claims arising out of or relating to this Agreement, shall be fully and finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect or such other arbitration service as may be agreed by the parties (the “Arbitration Rules”), conducted by one arbitrator either mutually agreed upon by the Parties or chosen in accordance with the Arbitration Rules, except that the parties thereto shall have any right to discovery as would be permitted by the Federal Rules of Civil Procedure for a period of ninety (90) days following the commencement of such arbitration and the arbitrator thereof shall resolve any dispute which arises in connection with such discovery. Sponsor agrees to submit any controversies or claims between the parties, including controversies or claims arising out of or relating to this Agreement, to binding arbitration in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The prevailing party shall be entitled to costs, expenses and reasonable attorneys’ fees, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to this provision shall take place in Oklahoma City, Oklahoma.

Cooperation/Mediation. (i) The parties desire to cooperate with each other in the performance of their respective duties pursuant to the terms of this Agreement . In keeping with this cooperative spirit and intent, any dispute arising hereunder will first be referred to the parties’ respective agents or representatives prior to either party initiating a legal suit, who will endeavor in good faith to resolve any such disputes within the limits of their authority and within thirty (30) days after the commencement of such discussions.