Default and Disputes. 9.1 Upon any alleged breach or default in the performance of this Agreement by Member, or in the event of any dispute, the matter shall first be referred to the Relevant ROC for mediation and an attempt to resolve the matter amicably. If no such solution is found, the provisions of Clause 13 of the Member Agreement may be invoked if JAWW determines that the alleged breach or default by Member is material. Notwithstanding Clause 9.1, nothing in .the Member Agreement or this Agreement shall restrict the right of JAWW or (if Member is a Non-originating Member) Member to pursue any rights or remedies it may have in law or equity to enforce, assert and protect its rights to any properties. The parties agree that any such matter, and any other dispute arising under this Agreement which is not resolved to the satisfaction of the parties under the provisions of Clause 14 of the Member Agreement shall be submitted to the International Chamber of Commerce ("ICC") and finally settled under the ICC Rules of Arbitration (the "ICC Rules") by one (1) arbitrator appointed as an arbitral tribunal in accordance with such rules. If the parties are unable to agree on the location of the arbitration within five (5) business days of initiation of proceedings under the ICC Rules, then such proceedings under the ICC Rules shall be conducted in London. The arbitration shall be conducted in the English language. The party which the arbitrator determines to have prevailed in the arbitration shall be entitled to recover all costs actually incurred in connection with the arbitration, including reasonable attorneys’ fees, in addition to any other relief to which such party may be entitled. Any arbitration order or award shall be final and binding on all parties and may be reduced to judgment, enforced and collected through (a) the courts located in London, and each party hereby irrevocably submits to the jurisdiction of such courts, and (b) in any other court having jurisdiction over the party against whom such order or award is rendered or over such party’s property.
Default and Disputes. If either party defaults with respect to any obligation hereunder, the defaulting party agrees to indemnify the other against or to reimburse the other for any and all expenses, costs and reasonable attorneys fees resulting from or made necessary by the bringing of any suit or other proceeding to enforce any of the terms, covenants or conditions of this Agreement to be performed or complied with by the other.
Default and Disputes. 12.1 Default on provision of the agreed contributions for the IBL shall trigger the procedure for the resolution of disputes set out below and may result in specific action against the defaulting party. Should the outcome of the procedure result in a loss of contributions to the IBL project, the recovery of such loss shall be addressed by the RRB.
Default and Disputes. The Subgrantee is in default if one or more of the following occurs:
Default and Disputes. It shall be the duty of the Contract Administrator to observe closely the Contractor’s services pursuant to the Contract. Each of the following events or conditions shall constitute an "Event of Default" by the Contractor.
Default and Disputes
