D ispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
D ispute Resolution. Except as otherwise specifically set forth herein, County and Engineer shall work together in good faith to resolve any controversy, dispute or claim between them which arises out of or relates to this Contract, whether stated in tort, contract, statute, claim for benefits, bad faith, professional liability or otherwise ("Claim"). If the parties are unable to resolve the Claim within thirty (30) days following the date in which one party sent written notice of the Claim to the other party, and if a party wishes to pursue the Claim, such Claim shall be addressed through non-binding mediation. A single mediator engaged in the practice of law, who is knowledgeable about subject matter of this Contract, shall be selected by agreement of the parties and serve as the mediator. Any mediation under this Contract shall be conducted in Xxxxxxxxxx County, Texas. The mediator’s fees shall be borne equally between the parties. Such non-binding mediation is a condition precedent to seeking redress in a court of competent jurisdiction, but this provision shall not preclude either party from filing a lawsuit in a court of competent jurisdiction prior to completing a mediation if necessary to preserve the statute of limitations, in which case such lawsuit shall be stayed pending completion of the mediation process contemplated herein. This provision shall survive the termination of the Contract.
D ispute Resolution. Except as otherwise provided in the Article entitled "Priority of Use," the Article entitled "Intellectual Property Rights – Invention and Patent Rights" (for those activities governed by 37 C.F.R. Part 404), and those situations where a pre-existing statutory or regulatory system exists (e.g., under the Freedom of Information Act, 5 U.S.C. § 552), all disputes concerning questions of fact or law arising under this Agreement shall be referred by the claimant in writing to the appropriate person identified in this Agreement as the "Points of Contact." The persons identified as the "Points of Contact" for NASA and the Partner will consult and attempt to resolve all issues arising from the implementation of this Agreement. If they are unable to come to agreement on any issue, the dispute will be referred to the signatories to this Agreement, or their designees, for joint resolution. If the Parties remain unable to resolve the dispute, then the NASA signatory or that person's designee, as applicable, will issue a written decision that will be the final agency decision for the purpose of judicial review. Nothing in this Article limits or prevents either Party from pursuing any other right or remedy available by law upon the issuance of the final agency decision.
D ispute Resolution. Except as otherwise provided in the Article entitled "Priority of Use," the Article entitled "Intellectual Property Rights – Invention and Patent Rights" (for those activities governed by 37 C.F.R. Part 404), and those situations where a pre-existing statutory or regulatory system exists (e.g., under the Freedom of Information Act, 5 U.S.C. § 552), all disputes concerning questions of fact or law arising under this Agreement or Annex shall be referred by the claimant in writing to the appropriate person identified in this Agreement for purposes of the activities undertaken in the Agreement, or Annex(es) for purposes of the activities undertaken in the Annex(es) as the "Points of Contact." The persons identified as the "Points of Contact" for NASA and the Partner will consult and attempt to resolve all issues arising from the implementation of this Agreement. If they are unable to come to agreement on any issue, the dispute will be referred to the signatories to this Agreement, or their designees, for joint resolution. If the Parties remain unable to resolve the dispute, then the NASA signatory or that person's designee, as applicable, will issue a written decision that will be the final agency decision for the purpose of judicial review. Nothing in this Article limits or prevents either Party from pursuing any other right or remedy available by law upon the issuance of the final agency decision.
D ispute Resolution. Should there be any disputes regarding the language of any of the final documents, the Parties will seek to resolve those disputes through a Voluntary Settlement Conference with Judge Xxxxxx Xxxxxx, or if she is not available, through mediation. If the Parties are unable to resolve such disputes, then either Party may seek a ruling from the Court.
D ispute Resolution. (a) The Parties recognize that disputes may from time to time arise between the Parties during the term of this Agreement. It is the objective of the Parties to establish procedures to facilitate the resolution of disputes arising under this Agreement in an expedient manner by mutual cooperation and prior to resort to litigation. To accomplish this objective, the Parties agree to follow the procedures set forth in this Section 11.01 to resolve any dispute arising under this Agreement.
(b) Upon the request of either Party, the Parties agree to meet and discuss in good faith a possible resolution of any disputes, controversies or differences which may arise between the Parties out of or in relation to or in connection with this Agreement, which good faith efforts shall include at least one in-person meeting between the senior management of each Party, including the Chief Executive Officer. If the matter is not resolved within thirty (30) days following the request for discussions, the Parties agree to submit the matter to non-binding mediation in accordance with the rules of JAMS in an effort to resolve the dispute. If the dispute remains unresolved, each Party shall have the right to seek a resolution of the dispute by final and binding arbitration administered by the American Arbitration Association under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. The location of arbitration will be New York, NY, and the language of the arbitration proceeding will be in English. The arbitration will be conducted by a panel of three (3) arbitrators, with one arbitrator being selected by each Party and the third being selected by the two arbitrators selected by the Parties. The arbitrators shall issue a written decision which shall be a reasoned determination and shall set forth the legal basis for any such decision. The Federal Rules of Evidence shall apply to any such arbitration proceeding. Any award granted in the arbitration may be entered in any court of competent jurisdiction. The arbitrators shall have the right to award attorneys fees and expenses to the prevailing Party or based on their determination of an equitable allocation of such fees and expenses as related to each Party’s role and relative fault in the dispute.
D ispute Resolution. Before initiating any legal claim or action (except with respect to equitable relief and any claims related to violation of either parties Intellectual Property or disclosure of confidential information), the Parties agree to attempt in good faith to settle any dispute, controversy or claim arising out of or related to this Agreement (collectively, a “Claim”) through discussions which shall be initiated upon written notice of a Claim by either Covisint or Customer. If the parties cannot come to a mutually agreeable resolution of the Claim within ten (10) business days, then such Claim shall be referred to members of the parties’ executive management (each such member a “Representative”) for resolution, which referral shall be evidenced by a written notice from either party to the other (the “Referral”). The parties’ representatives shall meet within ten (10) business days of such Referral. If the parties have not reached a mutually agreeable resolution of the Claim within ten (10) business days after their initial meeting, then either party may pursue its rights and remedies available at law or in equity.
D ispute Resolution. 15.1 Should any dispute, disagreement or claim arise between the parties concerning this Agreement, the parties shall endeavour to resolve same by negotiation by the respective project managers.
15.2 Should the Client:
15.2.1 fail to make any payment in terms of this agreement or any proposal by the due date for such payment, or should either Party:
15.2.2 breach any other term of this agreement; or
15.2.3 conduct itself in such a way or consistently breach this agreement so that the Party’s conduct is inconsistent with the intention or ability to carry out the terms of this agreement; or
15.2.4 cancel the agreement prior to the expiration of the agreement;
15.2.5 be dissolved, sequestrated, placed under administration, de-registered or any other action threatening the continued existence of the Party.
15.2.6 then the other Party shall be entitled, but not obliged, to:
15.2.6.1 enforce the provisions of this agreement and claim damages; or
15.2.6.2 cancel this agreement and claim the full value of all payments owing in terms of this agreement.
D ispute Resolution. Any claim or dispute arising out of or relating to, including without limitation, the Agreement shall be settled by binding arbitration, by a sole arbitrator, in accordance with the applicable/governing Indian Arbitration Act. Any such claim or dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any other claim or dispute of any other party. The arbitration shall be conducted in Bangalore, and judgment on the arbitration award may be entered into the Karnataka High Court having jurisdiction thereof. Neither 42Gears nor the Customer may seek any interim or preliminary relief, from any court without serving the other party with a notice of intention to seek such relief (including details of relief sought and of the case to be made out in court) of not less than three (3) working days at its registered or known address. 42Gears and the Customer agree that any dispute regarding the validity or scope of this clause shall be commenced in the Karnataka High Court and shall be governed by the laws of India. The fees of the arbitrator shall be borne by the parties equally.