Default; Dispute Resolution Sample Clauses

Default; Dispute Resolution. If any Party defaults in its obligations under the terms of this Agreement, a non-defaulting Party may give the defaulting Party written notice specifying the nature of the default. If the defaulting Party has not cured the default within thirty (30) days, or, for a default reasonably requiring more than thirty (30) days to effect a cure, has not commenced a cure within thirty (30) days and pursued it with diligence, the non- defaulting Party may terminate this Agreement—provided that, if there is any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof, the Parties agree to attempt to resolve the dispute informally before terminating the Agreement. Accordingly, the Parties will first elevate the disputed issues to senior administration, and if the matters are not resolved, the Parties may then engage in mediation or other non-binding dispute resolution methods. The Parties agree that in the event of a breach of this Agreement by any Party, that is not resolved through the means described in this section, the non-breaching Party or Parties shall be entitled to pursue any available legal or equitable remedies, including but not limited to injunctive relief or specific performance. In any dispute between the Parties, each Party will bear its own attorney’s fees and costs.
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Default; Dispute Resolution. 7.1 A Party will be in default under this Agreement upon the occurrence of any of the following events:
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Default; Dispute Resolution. The parities shall attempt in good faith to resolve through negotiations any disputes, alleged breaches, claims, or disagreements which may arise between them with respect to the interpretation of any provision of this Agreement or with respect to performance under this Agreement (each, a "Dispute"). Either party may initiate negotiations by sending to the other party a notice describing the Dispute in detail (the "Non-Compliance Notice") and setting forth the relief requested. The receiving party shall have a period of five (5) Business Days after its receipt of the Non-Compliance Notice to respond to the allegations set forth in the Non-Compliance Notice with a written statement of its position on, and recommended solution to, the Dispute. In the event the Dispute has not been resolved, the representatives of each party with full settlement authority shall, within two (10) Business Days after the date of the Non-Compliance Notice, commence good faith efforts to resolve the Dispute. If the Dispute is not resolved by these negotiators, which shall in all respects be treated as Confidential Information under this Agreement, the matter will be submitted to JAMS/ENDISPUTE for non-binding mediation in accordance with following procedure:
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Default; Dispute Resolution. (1) If either Cowlitz 911 or the Customer fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non-performing party. The non-performing party shall have thirty (30) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said thirty (30) day period, then the non-performing party shall not be in Default if it commences cure within said thirty (30) day period and thereafter diligently pursues cure to completion.
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Default; Dispute Resolution. If Purchaser defaults in the performance of any of the obligations to be performed by Purchaser, Seller shall retain all sums paid and agreed to be paid hereunder, together with any accrued interest thereon as liquidated and agreed upon damages, whereupon Purchaser and Seller shall be relieved of all obligations under this Agreement. Seller and Purchaser have agreed that Seller’s actual damages in the event of default by Purchaser would be extremely difficult or impossible to determine; therefore, by signing this Agreement, the parties acknowledge that the deposit(s) paid and agreed to be paid by Purchaser, with any interest actually accrued thereon, is (are) agreed upon, after negotiation, as the parties’ reasonable estimate of Seller’s liquidated damages in the event of a breach of this Agreement by Purchaser. Following such default, if Purchaser desires to close the purchase of the Unit and Seller elects to set another date for closing, Purchaser shall pay to Seller a charge of $75.00 per day for each day of delay following the original closing date, unless otherwise agreed to in writing by Seller. Seller may not xxx Purchaser for specific performance of this Agreement. If Seller fails to perform its obligations under this Agreement, and such default continues for a period of sixty (60) days after notice sent by Purchaser to Seller, Purchaser shall have the right to (i) demand return of the deposit(s) paid hereunder, plus any accrued interest earned thereon or (ii) seek specific performance. Prior to commencement of any litigation or legal action, Seller and Purchaser must attempt to resolve the dispute by mediation. If mediation fails to resolve all disputes, litigation or legal action may be initiated by either Seller or Purchaser. If any litigation or legal action arises out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs. Nothing contained herein shall be deemed to restrict Purchaser’s remedies if Purchaser shall be entitled to such remedies under applicable law.
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Default; Dispute Resolution. Failure or unreasonable delay by either party to perform any term or provision of this Agreement for a period of ten (10) days after written notice thereof from the other party shall constitute a default under this Agreement. If the default is of a nature, which is not capable of being cured within ten (10) working days, the cure shall be commenced within such period, and diligently pursued to completion. The written notice shall specify the nature of the alleged default and the manner in which the default may be satisfactorily cured. In the event of a default hereunder by any party, the non-defaulting party shall be entitled to all remedies at both law and in equity, including, without limitation, specific performance. To xxxxxx cooperation by the parties, the CITY and RCGI each shall designate and appoint a representative to act as a liaison between the CITY and its various departments and RCGI. The initial representative for the City shall be its Project Manager (Xxx Xxxxxxx) and the initial representative for RCGI shall be its Project Manager (Xxx Xxxxxx). The parties’ representatives shall be available at all reasonable times to discuss and review the performance of the parties under this Agreement. If a dispute between the parties arising out of this Agreement cannot be resolved by the parties, the CITY and RCGI agree to attempt resolution through mediation before resorting to arbitration, litigation or some other dispute resolution procedure. In the event that the parties cannot agree upon the selection of a mediator within seven (7) business days, either party may request the Presiding Judge of the Pinal County Superior Court to assign a mediator from a list of mediators maintained by the Arizona Municipal Risk Retention Pool.
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Default; Dispute Resolution 
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Related to Default; Dispute Resolution

  • Arbitration Dispute Resolution Company and Executive express expressly agree that, except for disputes arising out of alleged violations related to proprietary inventions and confidential information, all disputes arising out of this Agreement shall be resolved by arbitration in accordance with the following provisions. Either party must demand in writing such arbitration within one hundred and twenty (120) days after the controversy arises by sending a notice to arbitrate to both the other party and to the American Arbitration Association (“AAA”). The controversy shall then be arbitrated, pursuant to the rules promulgated by the AAA (the “Rules”), in the state of California. The parties will select by mutual agreement the arbitrator or arbitrators to herein resolve the controversy; provided, however, that, the parties cannot mutually agree as to the arbitrator, then the arbitrator shall be selected by the AAA in accordance with the Rules. The arbitrator’s decision shall be final and binding on the parties and shall bar any suit, action or proceeding instituted in any federal, state or local courts for administrative tribunal. Notwithstanding the preceding sentence, the arbitrator’s judgment may be entered in any court of competent jurisdiction. Disputes arising under the sections for compensation and termination upon compensation may be litigated and injunctive relief sought in any court having jurisdiction over the subject matter of such dispute.

  • Informal Dispute Resolution Prior to the initiation of formal dispute resolution procedures, the Parties shall first attempt to resolve their Dispute informally, in a timely and cost-effective manner, as follows:

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Governing Law; Dispute Resolution This Agreement shall be subject to the provisions of Sections 9(a), 9(c), and 9(h) of the Employment Agreement.

  • Alternative Dispute Resolution Prior to filing of litigation, the parties may select non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non-binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in Xxx Xxxxx County, Texas or agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.

  • Dispute Resolutions Parties agree to arbitration of dispute in Houston, Texas, USA.

  • Dispute Resolution Procedure 21.1 All disputes or grievances arising between the Parties shall as far as practical be resolved at the workplace level through consultation. Accordingly the following procedure must be followed:

  • Dispute Resolution; Arbitration This Agreement evidences a transaction involving interstate commerce. Any disputes arising from this Agreement shall be decided by binding arbitration which shall be conducted, at the request of any party, in New York, New York, before one arbitrator designated by the American Arbitration Association (the "AAA"), in accordance with the Commercial Arbitration Rules of the AAA, and to the maximum extent applicable, the United States Arbitration Act (Title 9 of the United States Code). Notwithstanding anything in this Agreement to the contrary, any party may proceed to a court of competent jurisdiction to obtain equitable relief at any time. An arbitrator shall have no authority to award punitive damages or other damages not measured by the prevailing party's actual damages. To the maximum extent practicable, an arbitration proceeding under this Agreement shall be concluded within 180 days of the filing of the dispute with the AAA. This arbitration clause shall survive any termination, amendment, or expiration of the Agreement and if any provision of this arbitration clause is found to be unenforceable, the remaining parts of the arbitration clause shall not be affected and shall remain fully enforceable.

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