Default and Arbitration Sample Clauses

Default and Arbitration. Each of the following shall constitute an event of default (an “Event of Default”) under this Agreement: (a) Default in the payment when due of any amount owed to either party by the other under this Agreement, if such failure continues for a period of thirty (30) days after notice of such default is delivered to the applicable party; (b) Default by Buyer in the obligation to purchase Products from Seller in the manner set forth in Sections 1 and 5, if such failure continues for a period of thirty (30) days after written notice by Seller of such default; and (c) Default by Seller in any of Seller’s obligations to Buyer under this Agreement, including but not limited to Seller’s failure to timely deliver Products to Buyer pursuant to Section 5 hereof and Seller’s breach of any representation or warranty of Seller contained in Section 10 hereof. Upon the occurrence and continuation of an Event of Default hereunder, Seller, in the case of an Event of Default under clause (a) or (b) of this Section 11, and Buyer, in the case of an Event of Default under clause (a) or (c) of this Section 11, shall have the non- exclusive right to commence appropriate proceedings in any state court located in New York, New York, or in the federal courts for the Southern District of New York, Buyer and Seller hereby agreeing that it irrevocably submits to the jurisdiction of such courts and waives, to the fullest extent such party may effectively do so, the defense of an inconvenient forum to the maintenance of any such action or proceeding. The foregoing notwithstanding, if there is a dispute arising out of any of the other terms of this Agreement, such dispute shall promptly, and in the first instance, be submitted to arbitration in New York, New York, with such dispute to be heard by a retired judge provided by the Judicial Arbitration and Mediation Service in accordance with the commercial rules then in effect of the American Arbitration Association, and any award of such judge pursuant to any such arbitration proceeding shall be final and binding upon the parties hereto.
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Default and Arbitration. Each of the following shall constitute an Event of Default under this Agreement: A. Default in the payment when due of any amount owed by Buyer to Seller under this Agreement; and B. Default in the obligation to obtain Products from Seller in the manner set forth in Sections 1, 2 and 5.
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Default and Arbitration. 1. In case of default, both of the contracting parties hereby agree that the defaulting party shall make good to the other party whatever extent of damage is inflicted. After the lapse of the agree loan repayment period, the outstanding balance of the loan shall be subject to interest charges equivalent to percent per annum; 2. Any dispute of difference arising out of, or in connection with this agreement shall be referred to the appropriate Ethiopian Court of Law. IN WITNESS THEREOF, THE PARTIES TO THIS AGREEMENT HAVE AFFIXED THEIR RESPECTIVE SIGNATURES HERE BELOW: IN FULL CONFORMITY WITH THE AGREEMENT:
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Default and Arbitration. Each of the following shall constitute an ----------------------- Event of Default under this Agreement: A. Default in the payment when due of any amount owed to either Party by the other under this Agreement, if such failure continues for a period of thirty days after payment was due; B. Default in the obligation to obtain all Products from Seller in the manner set forth in Sections 1, 2 and 5; and C. Default in any of Seller's obligations to Buyer hereunder. Upon the occurrence and continuation of an Event of Default hereunder, Seller shall have the right to commence appropriate proceedings in any state or federal court located in Fond du Lac, Wisconsin, Buyer hereby agreeing that it irrevocably submits to the jurisdiction of such court and waives, to the fullest extent such party may effectively do so, the defense of an inconvenient forum to the maintenance of any such action or proceeding. The foregoing notwithstanding, if there is a dispute arising out of any of the other terms of this Agreement, such dispute shall be immediately submitted to arbitration in Chicago, Illinois, by a retired judge provided by the Judicial Arbitration and Mediation Service in accordance of the commercial rules then in effect of the American Arbitration Association, and any award of such arbitration shall be final and binding upon the parties.
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Default and Arbitration. 8.1 If any party hereto breaches his/its obligation hereunder, the other party is entitled to remedies taken within a reasonable time limit, specific performance, interference preclusion, damages and any other statutory remedies. Subject to Clause 7.2, no failure to exercise nor partial exercise of any or all rights herein or statutory remedies herein provided shall operate as a waiver thereof. 8.2 If Party B is in breach of his obligations herein, Party A may also be entitled to take remedies in accordance with its articles of association, as amended, modified or re-enacted from time to time. 8.3 Any dispute, controversy or claim resulting from or in connection with the Agreement, including the validity, invalidity, enforceability, breach or termination thereof (the “Dispute”), shall be firstly resolved by friendly negotiations between Party A and Party B. If the Dispute remains unsolved through negotiations within 30 days, either party hereto may submit the Dispute to arbitration. 8.4 The Dispute when submitted to arbitration shall be the entire dispute, controversy or claim. Any senior management officer of Party A and a claim under the same cause or is required to participate the claim shall be bound by arbitration. 8.5 Unless otherwise expressly stated herein, the arbitration shall be conducted in the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “Rules”) in force when the notice of arbitration is submitted in accordance with the Rules. The number of arbitrators shall be [three/one], and the arbitration proceeding shall be conducted in Chinese and English. 8.6 The arbitral award from HKIAC shall be final and binding on both parties hereto. 8.7 Any submission for arbitration shall de deemed as authorizing HKIAC to hold any arbitration proceeding and announce the arbitral award in public.
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Default and Arbitration. Each of the following shall constitute an Event of Default under this Agreement: A. Default in the payment when due of any amount owed by Buyer to Seller under this Agreement; and B. Default In the obligation to obtain all Products from Seller in the manner set forth in Sections 1, 2 and 5. Upon the occurrence of an Event of Default hereunder, Seller shall have the right to commence appropriate proceedings in any state or federal court located in Fond du Lac County, Wisconsin, Buyer hereby agreeing that it irrevocably submits to the jurisdiction of such court and waives, to the fullest extent such party may effectively do so, the defense of an inconvenient forum to the maintenance of any such action or proceeding. Provided, however, that if there is a dispute arising out of any of the other terms of this Agreement, such dispute shall be immediately submitted to arbitration in Fond du Lac, Fond du Lac County, Wisconsin, in accordance of the commercial rules then in effect of the American Arbitration Association, and any award of such arbitration shall be final and binding upon the parties.
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Default and Arbitration. 27.1 In the event of an alleged breach by either party of one or more of the covenants, terms or conditions contained in this Operating Agreement (“Alleged Breach”), the party alleging the breach shall notify the other party in writing of the existence and evidence of the Alleged Breach (“Breach Notice”). The party receiving the Breach Notice shall have 30 days after receipt of the Breach Notice in which to commence the operations or activities as are then legally necessary to cure the Alleged Breach. Furnishing the Breach Notice and the passage of thirty (30) days without cure, commencement to cure, or diligent pursuit of steps to cure the Alleged Breach by the party receiving the Breach Notice shall be a condition precedent to the initiation of Arbitration. 27.2 Any dispute of fact or of law and any claim relating to or arising out of this Operating Agreement (whether for Alleged Breach, tort, environmental claims and remediation or any other cause of action) shall be finally settled by private and confidential arbitration in Denver, Colorado, USA, in accordance with the rules and procedures set forth in this Article (“Arbitration”). The Arbitration shall be governed by the U.S. Arbitration Act, 9 U.S.C. Sections 1-16, to the exclusion of any provision of state law. Unless all of the parties otherwise agree, the Arbitration tribunal ("Tribunal") shall consist of three (3) independent-neutral members. Any party initiating Arbitration shall serve upon all other parties a statement of its claim and the legal basis thereof ("Statement of Claim"). The Tribunal shall be the sole and final judgs of all issues of law and of fact. The written decision signed by any two of the arbitrators shall be considered the decision of the Tribunal. The Tribunal shall utilize the rules and procedures of the American Arbitration Association and shall permit discovery under Federal Rules of Civil Procedure. All orders and decisions of the Tribunal shall be enforceable by courts having jurisdiction. 27.3 The Statement of Claim shall also set forth the party's nomination of one of the arbitrators, who shall be knowledgeable in Wyoming real property and/or water law. The opposing party shall file its reply to the Statement of Claim within thirty (30) calendar days of receipt thereof and shall therein specify the second arbitrator, who shall be knowledgeable in Wyoming real property and/or water law. These two arbitrators shall promptly confer and agree upon a third arbitrator (the...
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Default and Arbitration 
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Related to Default and Arbitration

  • Mediation and Arbitration of Disputes An Addendum requiring the Mediation and/or the Arbitration of all disputes between the Parties and/or Brokers arising out of this Lease ¨ is x is not attached to this Lease. LESSOR AND LESSEE HAVE CAREFULLY READ AND REVIEWED THIS LEASE AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THIS LEASE SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. THE PARTIES HEREBY AGREE THAT, AT THE TIME THIS LEASE IS EXECUTED, THE TERMS OF THIS LEASE ARE COMMERCIALLY REASONABLE AND EFFECTUATE THE INTENT AND PURPOSE OF LESSOR AND LESSEE WITH RESPECT TO THE PREMISES. ATTENTION: NO REPRESENTATION OR RECOMMENDATION IS MADE BY THE AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION OR BY ANY BROKER AS TO THE LEGAL SUFFICIENCY, LEGAL EFFECT, OR TAX CONSEQUENCES OF THIS LEASE OR THE TRANSACTION TO WHICH IT RELATES. THE PARTIES ARE URGED TO: 1. SEEK ADVICE OF COUNSEL AS TO THE LEGAL AND TAX CONSEQUENCES OF THIS LEASE. 2. RETAIN APPROPRIATE CONSULTANTS TO REVIEW AND INVESTIGATE THE CONDITION OF THE PREMISES. SAID INVESTIGATION SHOULD INCLUDE BUT NOT BE LIMITED TO: THE POSSIBLE PRESENCE OF HAZARDOUS SUBSTANCES, THE ZONING OF THE PREMISES, THE STRUCTURAL INTEGRITY, THE CONDITION OF THE ROOF AND OPERATING SYSTEMS, AND THE SUITABILITY OF THE PREMISES FOR LESSEE’S INTENDED USE.

  • Mediation and Arbitration If the Executive and the Employer have any dispute whatsoever relating to the interpretation, validity or performance of this Agreement, or any other dispute arising out of this Agreement, every reasonable attempt will be made to resolve any differences or dispute within thirty (30) days of an issuance of written notice by either party to the other party. If a successful resolution of any differences or dispute has not been achieved to the satisfaction of both parties at the end of the thirty (30) day period, the following steps will be used: Except as otherwise expressly provided hereunder, the parties agree that any and all disputes arising out of the Executive’s employment or cessation of employment, including but not limited to any dispute, controversy, or claim arising under any federal, state, or local statute, law, ordinance or regulation or under this Agreement, shall be resolved exclusively by Alternative Dispute Resolution described in this Agreement ("ADR"). The initiation of ADR shall first require mediation, and the parties agree to first try to settle any dispute through mediation. Mediation shall be initiated by either party by the serving of a written notice of intent to mediate (a "Mediation Notice") by one party upon the other. If no resolution has been mutually agreed through mediation within ninety (90) days of service of a Mediation Notice, then and only then may the dispute be submitted to arbitration. Arbitration shall be initiated by the serving of a written notice of intent to arbitrate (an "Arbitration Notice") by one party upon the other. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to preclude the Employer from seeking temporary or permanent injunctive relief and/or damages from a court of competent jurisdiction pursuant to Section 8 of this Agreement with respect to any breach of Section 7 of this Agreement. (a) In the event that a party wishes to initiate ADR, a Mediation Notice must be served on the other party within six months from the date on which the claim arose. If the parties cannot mutually agree on a mediator, then a mediator shall be selected in accordance with the Employment Mediation Rules of the American Arbitration Association. (b) In the event that mediation is unsuccessful and arbitration is initiated, it shall be conducted under the National Rules of the Resolution of Employment Disputes of the American Arbitration Association. There shall be a single arbitrator to be agreed upon by the parties, provided that, if the parties are unable to agree upon a single arbitrator, each party shall name an arbitrator and the two so named shall name a third arbitrator. The arbitration proceedings shall be heard by the arbitrator(s) and the decision of the arbitrator, or the majority of the panel if one has been selected, shall be final and binding on the parties. Judgment upon the arbitration award may be entered in any court of competent jurisdiction. An Arbitration Notice must be served on the other party within one year from the date on which the claim arose, and failure to bring such a claim within such one-year period shall constitute a waiver of such claim and an absolute bar to any further proceedings in any forum with respect to it. All mediation and arbitration proceedings shall be conducted in Bangor, Maine, unless the parties otherwise agree in writing. (c) The cost of any mediation proceeding under this Section 9 shall be paid entirely by the Employer. The cost of any arbitration proceeding will be shared equally by the parties to the dispute; provided, however, that, if the dispute is resolved in favor of the Executive, such cost shall be paid in full by the Employer. Each party shall be responsible for its own cost of representation and counsel.

  • LAW AND ARBITRATION 11.1 This Agreement shall be governed by and construed in accordance with the laws of England and shall otherwise by subject to the U.S. Shipping Act of 1984, as amended. 11.2 Any dispute or difference arising out of or in connection with this Agreement which cannot be amicably resolved shall be referred to arbitration in London in accordance with the Arbitration Act 1996 or any statutory modification or re- enactment thereof save to the extent necessary to give effect to the provisions of this Article 11. The arbitration shall be conducted in accordance with the London Maritime Arbitration Association (LMAA) Terms current at the time when the arbitration proceedings are commenced. 11.3 The reference shall be to three arbitrators. A Party wishing to refer a dispute to arbitration shall appoint its arbitrator and send notice of such appointment in writing to the other Party, requiring the other Party to appoint its own arbitrator within fourteen (14) calendar days of that notice, and stating that it will appoint its arbitrator as sole arbitrator unless the other Party appoints its own arbitrator and gives notices that it has done so within the fourteen (14) days specified. If the other Party does not appoint its own arbitrator and give notice that it has done so within the fourteen (14) days specified, the Party referring a dispute to arbitration may, without the requirement of any further prior notice to the other Party, appoint its arbitrator as sole arbitrator and shall advise the other Party accordingly. The award of a sole arbitrator shall be binding on both Parties as if he had been appointed by agreement. Nothing herein shall prevent the Parties agreeing in writing to vary these provisions to provide for the appointment of a sole arbitrator. 11.4 In cases where neither the claim nor any counterclaim exceeds the sum of U.S. $300,000 the arbitration shall be conducted in accordance with the LMAA Small Claims Procedure current at the time when arbitration proceedings are commenced.

  • Disputes and Arbitration Any dispute concerning a question of fact arising under this contract shall be disposed of by good faith negotiation between duly authorized representatives of the District, the Office of the State Auditor, and the Firm. Such a resolution shall be reduced to writing and a copy thereof mailed or furnished to the Firm and shall be final and conclusive.

  • Dispute Resolution and Arbitration The following procedures shall be used in the resolution of disputes:

  • Mandatory Binding Arbitration The Parties agree to submit to binding arbitration any claims that they may have against each other, of any nature whatsoever, other than those prohibited by law, pursuant to the New Mexico Uniform Arbitration Act, and hereby waive any rights to file suit in a court of law on any such claims.

  • Initiation of Arbitration Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 9.13 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered to such other party under Section 9.13 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and notices may be given, by email or fax pursuant to Section 9.13 of the Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.

  • Governing Law and Arbitration 9.1 The interpretation, construction and enforcement of this Agreement, and all rights and obligations between the Parties hereunder, shall be governed by the laws of New Zealand, provided, however, that nothing herein shall relieve the Parties from the applicable requirements of the U.S. Shipping Act of 1984, codified at 46 U.S.C. § 40101 et seq. 9.2 Any dispute or claim arising out of or in connection with this Agreement which cannot be resolved amicably shall be referred to arbitration in Auckland, New Zealand in accordance with the procedures applicable there for the time being in force at the commencement of the arbitration.

  • Governing Law; Arbitration This Agreement shall be governed and interpreted in accordance with the laws of the State of New York without giving effect to the conflicts of law principles thereof. Any dispute, controversy or claim (each, a “Dispute”) arising out of or relating to this Agreement, or the interpretation, breach, termination, validity or invalidity thereof, shall be referred to arbitration upon the demand of either party to the dispute with notice (the “Arbitration Notice”) to the other. The Dispute shall be settled by arbitration in Hong Kong by the Hong Kong International Arbitration Centre (the “HKIAC”) in accordance with the Hong Kong International Arbitration Centre Administered Arbitration Rules (the “HKIAC Rules”) in force at the time when the Arbitration Notice is submitted. The seat of arbitration shall be Hong Kong. There shall be three (3) arbitrators. The complainant and the respondent to such dispute shall each select one arbitrator within thirty (30) days after giving or receiving the demand for arbitration (the “Selection Period”). Such arbitrators shall be freely selected, and the parties shall not be limited in their selection to any prescribed list. The chairman of the HKIAC shall select the third arbitrator. If either party to the arbitration fails to appoint an arbitrator with the Selection Period, the relevant appointment shall be made by the chairman of the HKIAC. The arbitral proceedings shall be conducted in English. To the extent that the HKIAC Rules are in conflict with the provisions of this Section 5.2, including the provisions concerning the appointment of the arbitrators, this Section 5.2 shall prevail. The award of the arbitral tribunal shall be final and binding upon the parties thereto, and the prevailing party may apply to a court of competent jurisdiction for enforcement of such award. In the event of the arbitration of any Dispute pursuant to this Section, the losing party in such arbitration shall pay to the prevailing party all expenses and fees (including reasonable attorneys’ fees) incurred in connection with the arbitration of such Dispute, and the arbitration order, ruling or award shall contain a specific provision providing for such payment.

  • See Your Right to Reject Arbitration For this section, you and us includes any corporate parents, subsidiaries, affiliates or related persons or entities. Claim means any current or future claim, dispute or controversy relating to your Account(s), this Agreement, or any agreement or relationship you have or had with us, except for the validity, enforceability or scope of the Arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, crossclaims and third-party claims;

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